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  1. #1

    Default How to Win an Unemployment Appeal, Ex-Employer Making False Claims

    My question involves unemployment benefits for the state of: California
    I was getting benefits after winning 2 funky appeals by former employer. jan 2010 to 3rd week of june 2010, I got nothing until I won x 2. The end of july 2010, I accepted a Temp. staff job, and worked 5 days over the last two weeks in July. My cloudy vision makes my professional work still unnsafe. I had had cataract surgery Jan. 2010, but DMV wont issue drivers Lic., ( I need more surgery, expensive to correct, August medi-Cal denied, after Dec. 2010 Medi-Cal appeal, now april 2011 my papers submitted to the state.)
    A friend was driving me to work. I do not have cell phone reception and for 9 years have used text to talk from home. I moved, with the same results. Verizon and AT&T fancy phones not reliable. I now need to use a prepay T-Mobile phone which gets spammed, so text turned off, text, bar party calls and other peoples bill collectors deplete my account rapidly. I needed 911 twice, in May but could not call. No money to put on phone or reception.
    The same friend insisted that I put her cell number on my resume because of no reception issue. No benefits from Jan 2011 3rd week through to March 1st.
    March 1 to 24, 2011, EDD states the 24 hr. Temp. employer claims I am refusing work.
    I had never heard from them, and when I spoke with both EDD and 24 hr temp accountant, Turns out they were calling the wrong number.
    I told the recruiter of my vision concern during work and she agreed with me, I asked if they would place me in another department, and named a few options, they'd discuss it.
    I was told and San francisco EDD was told by accountant that I should have excellent reception as its a highly populated area (yeah with concrete all around) and that I can drive around, go to a park, go to a public phone, go to a library or walk the street for reception. I am not to refuse any work offered or he'll stop my benefits again. they're able to call me all 24 hrs / 7 days a week.
    On the drive home, feeling threatened, when am I to cook, eat, shower or sleep? How often am I to stay dressed to run out to the alleys and street to see if I missed a call. Their number shows as generic, not a company ID. AT 9:30 pm, I put my only $10.00
    for 32 min. on the phone from the end of the block. they called as I got back to my door. A Recruiter offered me a job 47 miles away that night, in my regular department, not an alternative, as requested, but I am not to refuse, just go endanger lives.
    My car way empty, because I don't drive, I couldn't ask my friend at that hour, that would involve 4 trips. (her car broke down 10 days after this for 4 weeks) The company Rep. set me on hold for 13 min. I had told her of no more money and 32 min. I asked that she call me, told her of no reception, she laughed. after 10 pm I went outside and walked to the alley already filled with some homeless people asking for money and going through the dumpsters. I returned the call that didn't ring in my Apartment, and that job was cancelled. then she started berateing me because I didn't have a $500.00 card in my possession, note the price, not that it was deliberate, read above..NO MONEY. I have worked for 20 years without it, but willing to get it again, had looked into it, but no money. I showered, ate, and by midnight, slept.
    Next day I walked to the store at 8 am, and 14 missed calls had come in. I listened to two junk messages and had 13 minutes left. I was able to pay my rent by April 8th, and no money or phone since, because the accountant has stopped my benefits and I have a formal hearing tuesday, May depressed. now I owe rent, have no phone for an emergency that I did need twice, asthma attacks, and Ive been on a ventalator 3 times and one collapsed lung, as a result, so I was scared and frustrated over all of this, having no proper medication because of circumstances.
    No car insusrance and 2 car payments behind. i havent stepped outside in weeks. How can I win this one?
    He leaves me with absolutely no money and I am to do great things 24 hrs a day / 7 days a week. I only worked 5 days, but he is now using a cataract, and a $500.00 card along with the rest against me in order not pay benefits and to make me homeless.

  2. #2
    Join Date
    Jun 2006

    Default Re: to Win Appeal on Tuesday from a 24 Hr. Temp. Agency False Claims

    Unemployment is not a needs-based system. You can have won the lottery the week before and get unemployment; you can be one step away from living on a street corner in a cardboard box and not get it. It's not based on how much you need it or whether you are close to being homeless.

    If you do not have a RELIABLE way of making and receiving calls, or of conducting a job search, you are not going to qualify for unemployment.

  3. #3

    Default Re: to Win Appeal on Tuesday from a 24 Hr. Temp. Agency False Claims

    Thank you very much CBG for your opinion, I won the case, but they can come after me again within 20 days. Thank you again

  4. #4
    Join Date
    Mar 2009

    Default Re: to Win Appeal on Tuesday from a 24 Hr. Temp. Agency False Claims

    She is telling you like it is.

    Unemployment wants you to meet these qualifications:
    - Be easily reachable by telephone, 24/7/365
    - Be able to work, 24/7/365.

    May I ask a question...why communicate by texting? Why not strictly telephone, which is more professional and direct contact. Also, if your cataracts are so bad, I would think texting would be a bad idea anyway.

  5. #5
    Join Date
    Jun 2011

    Default Re: to Win Appeal on Tuesday from a 24 Hr. Temp. Agency False Claims


    Have you looked into whether the public telephone company that serves your area (AT&T, etc) offers what's called a Lifeline program? This is a program that will provide free or very reduced cost telephone service to qualifying low-income persons. You could get a home phone with voice mail or an answering machine, instead of having to depend on unreliable and expensive prepaid cell phone service. If you are unemployed with little or no income, you should be able to qualify. Just type Lifeline and whatever phone company serves your area into Google. Hope that helps.

  6. #6

    Default Re: to Win Appeal on Tuesday from a 24 Hr. Temp. Agency False Claims

    I do not text, the feature is turned off due to spam texts depleting my pre-pay phone money for over 18 months.
    So far finding a regular landline has to be bundled with features I dont want or can afford. They are so busy upselling that my phone runs out of money.
    Companies / employers used to have pagers for such instances, so an employee could be reached in a store or while doing their life away from the office. This company does not.
    When I had the fancy verizon phone, it did not ring for a conversation at home, but text message got through. I could communicate with friends that way, never work, didn't need to as I had a semi-schedule for a week or several days.
    Work assignments from a similar type company was never a problem, I was given a weekly schedule and I could call in to the office from a landline at the facility at which I worked to get updates, revisions and new hours.
    I am available to work, there are several departments in which I can work and have worked in the past. They are called Recruiters for a reason, they choose not to recruite in my favor.
    With the vision I still have. I gave many different department options to the Temp. agency recruiter and was not given any of those options in which to work as of yet. "They would think about it"
    was the reply.
    In past years, with many other temp. agencies, they do the marketing for me, the employee, and tell me where to go work, this company seems not to, even after being given several different resume's which to use.
    In anyone elses work week, they know what hours they are free to eat, shower and sleep, not consistant offers and cancelations. Over 40 hrs a week is overtime pay. They don't authorize, which would be my personal time to have a life, restricted as it is. They could have me do office work and answer phones...alot of options.
    I see Blossom has an option next post.

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