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  1. #11
    Join Date
    Jul 2011
    Posts
    21

    Default Re: What are the Chances of Winning an Unemployment Appeal

    Gotcha. I think I will emphasize the fact that my transfer was a demotion, as well as the nature of the work not being compatible. My department and job was product development, sales, and retention. Not customer service, financial analysis, or tech support, which is what I was now responsible for doing. I'm wondering though, since I'm the one who chose to go to that department, and they told me that I wouldn't be getting any more raises before I made my decision, wouldn't that mean I accepted my demotion and lack of promotional benefits by accepting the transfer, and therefore would not be able to use that a good cause for quitting? The only reason I accepted the transfer was in an attempt to preserve the employment relationship. The only reason I chose to go to that department is because even though it wasn't anywhere near the nature of work that I did previously, it wasn't as far fetched as all the other techie related departments that were in the company.

  2. #12
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: What are the Chances of Winning an Unemployment Appeal

    You make a good point, but just because you went there doesn't always mean you accepted it. If an employee hangs around a while after an adverse change while trying to "adjust their grievance," then you can negate the presumption that you accepted it.

    Now, let's work on your wording. Did you chose to go to that department or did they say, "this is all we have. Take it or leave it."? or maybe "this is what's open. Take your pick."? Neither option suggests that you voluntarily made the move. When you use the word "chose," it can come across that you were just dying to get bumped from your job and just couldn't wait to get yelled at by customers on the phone, and I just don't believe that is what you mean.

    Did you really want to make this your new career, or was it to buy some time to try to get your former duties and title back in another area of the company by "adjusting your grievance"?

  3. #13
    Join Date
    Jul 2011
    Posts
    21

    Default Re: What are the Chances of Winning an Unemployment Appeal

    The VP of HR stated "We would like to keep you all on board with the company we have other positions in the company, I would suggest you use your remaining time to look into other departments, as there are open positions available that would would like to fill in house before we start recruiting, or your can quit." I did not want to make this my new career, I was told another manager that some of our products that we were developing in my department were still going to move forward, so I was trying to continue the employment relationship in hopes that I would be able to take charge of those products, as I was doing before the transfer/adjusting my grievance.

  4. #14
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: What are the Chances of Winning an Unemployment Appeal

    What do you think would have happened if you hadn't applied for any internal positions?

    I suspect that the, "or you can quit," statement wasn't exactly accurate.

  5. #15
    Join Date
    Jul 2011
    Posts
    21

    Default Re: What are the Chances of Winning an Unemployment Appeal

    I thought if I hadn't applied to a department, I would be transferred involuntarily to one or would be forced to quit. He made it pretty clear that transfer or voluntarily quitting were our only options.

  6. #16
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: What are the Chances of Winning an Unemployment Appeal

    You should get the folder that has your paperwork in it for the appeal. It's usually ready before your hearing, and they give you a copy for free. You should get that to see what all your employer submitted.

    I'm sort of surprised that you were held to an "all available options" standard. Your job was eliminated, they moved you into the bowels of the operation, and after complaints to restore yourself to your former status, it become obvious it was a lost cause, and you quit, and that is how I see it.

    I'm just wondering if after going through the file there is a response from the employer saying, "the claimant never said a word and just all of a sudden quit," and maybe that was the real reason you were denied.

  7. #17
    Join Date
    Jul 2011
    Posts
    21

    Default Re: What are the Chances of Winning an Unemployment Appeal

    I did "quit suddenly" but not before having SEVERAL meetings with all different managers in the department (Training manager, my new manager, my new manger's managers, VP of HR) I spoke to all of them regarding the issue, that is why they reluctantly let me switch my schedule to part time..and after two weeks of that, with my issue not being resolved and me being absolutely miserable, I emailed the VP of HR one morning and told them that I quit.

    This is what my email stated: "I wanted to inform you that effective 11/14/12 I will be resigning from (Company). The position at (Company) that I initially accepted was in (My original department), not (New Department). With the closing of (My Department), I tried my best to adjust to the new department, however the transition was not successful as the job caused severe anxiety from the hostile environment and lack of training that was not provided, as I requested."

    HR's reponse was: XXX will mail out your final checks which will include pay through the 14th and any accrued vacation time. Please feel free to contact me to schedule an exit interview.

    The VP of HR has a habit of NEVER acknowledging anything that you send him in an email. I have all copies of emails of problems I have sent him, even before the closing of my department, that he NEVER even acknowledge receipt of. My old team had the same problems I did when we moved up there (They also were told that they would not be getting any raises, etc), and I would CC them (and bcc'd my personal email), so they would know that I was trying to work on it, and also to have proof that the emails were sent , but whenever I saw him, he wouldn't say a single word. The only time he, or any of the other managers, would acknowledge the problems, was in person in his office. So I started turning on the voice recorder on my phone before going into our meetings. I know that the recordings are not admissible in court in California as the law states that both parties must be aware that a recording is taking place, but I wanted to have them so my team, and other people, would know I was not crazy nor lying about what was going on, or lack thereof.

  8. #18
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: What are the Chances of Winning an Unemployment Appeal

    They don't go by just what you said. They ask the employer. Do you know what your employer said?

    What I'm getting at, is the deputy might have ruled against you based on the employer's version rather than your own, and you won't be able to know that until you look in the file and review the deputy's notes and any correspondence submitted by your employer. You also might find that the person submitting the the employer's version wouldn't have known about any complaints you had.

  9. #19
    Join Date
    Jul 2011
    Posts
    21

    Default Re: What are the Chances of Winning an Unemployment Appeal

    Oh ok gotcha. When do I receive that folder with the paperwork and their notes? Do they automatically send it to me or do I need to call and go pick it up from the appeals office? I'm assuming that they did rule based upon the employers version, due to the fact that EDD's reasoning they gave me for denying my claim was "You quit due to working conditions were changed and imposed by your employer and you did not seek all reasonable resolutions before quitting." Which leads me to believe that my employer did not tell them that I did in fact seek all reasonable resolutions before quitting..ie speaking to all other managers of other departments, part time hours requested, additional training being requested, etc.

  10. #20
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: What are the Chances of Winning an Unemployment Appeal

    People that get scheduled for in-person hearings report that their file is ready about 3 days prior to the hearing, and has to be picked up at the hearing office. Those scheduled for telephone hearings report receiving the file contents with their hearing notice.

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