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  1. #1
    Join Date
    Jun 2010
    Posts
    2

    Default Help! Unemployment Denied Because of a 3.5 Day Job

    My question involves unemployment benefits for the state of: California
    Actually I am writing this because I have a question regarding my daughter's claim.
    She worked for a company for over 5 years and due to the economy was laid off and began receiving unemployment benefits. She never stopped looking for work and finally found a job in the same field. She told them that she was not knowledgeable in all aspects of the business and they assured her that it was OK. and that they would train her in some of the areas that she was not familiar with
    She worked for them for 3.5 days and then quit because they were expecting her to do things that she did not know how to do. When she told them she didn't know how to do a certain task they mocked her. They told her that they would have someone sit with her and train her for about 2 weeks yet on the 3rd day they told her she had to handle accounts on her own. She told them that she was not ready for that as she was still learning their software system. I would also like to add that the employees were all Chinese and spoke in their native language to each other through out the day and she had some difficulty understanding their English
    Needless to say she was stressed out and quit without really thinking of the EDD consequences. She just wanted to continue her previous claim that had just been extended the previous week or so but was denied because
    "You quit your last job because you did not like or enjoy the job"
    I think that is not a true statement.
    It makes me sad to say this but it seems to me that she should have just stayed on unemployment and milked it for all that it was worth instead of even looking for a job. If 3.5 days work in hell disqualifies you from receiving your benefits (sorry that sounds so harsh and ugly)
    She has a right to appeal but I'm not even sure if she really has grounds for appeal after reading some of the threads here
    She has been applying to anything she can find and still has not found a job
    Can anybody offer some advice on what she should do?
    Also, I'm not quite sure I understand the first paragraph which states
    "YOU ARE NOT ELIGIBLE TO RECEIVE BENEFITS UNDER CA UNEMPLOYMENT INSURANCE CODE SECTION 1256 BEGINNING 5-23-10 AND CONTINUING UNTIL YOU RETURN TO WORK AFTER THE DISQUALIFYING ACT AND EARN $1155.00 OR MORE IN BONA FIDE EMPLOYMENT AND CONTACT THE ABOVE OFFICE TO REOPEN YOUR CLAIM"
    After reading the forums it seems that this will follow her for quite some time
    Can someone explain? Should she appeal?
    Any advice would be greatly appreciated

    thanks

  2. #2
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Denied Unemployment Because of a 3.5 Day Job

    All that is saying is that, if she does nothing, she will not be eligible for unemployment benefits again under the current claim until she earns $1155, then has reason to reopen the claim after that (for example, takes a job, earns that much, then is laid off).

    Of course she should appeal; she has nothing to lose by appealing. Her argument would be that:
    1. This job was not within her knowledge base and;
    2. The company promised to provide training, but did not do so, and what training WAS provided was difficult to understand because of the language difference.

    She should probably leave out the fact that they were "all Chinese" and that the trainer's English skills were not up to par.

    Might work, might not. Of course, she could have not quit, they would have been unsatisfied with her job performance, and she would have been much better off. From the anecdotal evidence I've seen in this and other forums, California may be the worst state in the U.S. when it comes to this situation.

  3. #3
    Join Date
    Jan 2008
    Posts
    1,948

    Arrow Re: Denied Unemployment Because of a 3.5 Day Job

    The worse thing that could happen if she appeals is for the EDD to say 'no' again.

  4. #4
    Join Date
    Jun 2010
    Posts
    2

    Default Re: Denied Unemployment Because of a 3.5 Day Job

    Thanks for your replies. Yes she should not have quit, I agree 100%
    But I guess I don't grasp why they can't just continue the claim she had open already. I don't even think her previous employer was paying it anymore since it was an extension.. But I don't know how that all works..so I am probably wrong
    Lets see what happens..
    Thanks again I really appreciate it

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