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  1. #21
    Join Date
    Jul 2011
    Posts
    21

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

    I spoke with my coworker, the one who quit a few weeks after I did. Her unemployment claim was approved and she has already started receiving benefits. I always went up to bat for myself and my team with the VP of HR whenever he was not doing something he should be, or to get his attention to an issue that was arising, to hold him accountable..so he can do his damn job. Now I'm feeling like this is some sort of personal vendetta against me because besides myself, there were 4 others that were in my department, 2 so far got their unemployment, 1 still works there, and the other didn't get it because she told EDD that she quit for another job, and then did not show up her appeals hearings. So, excluding the last one..we're 2 for 3, I don't understand how they can deny me. This is getting really frustrating.

  2. #22
    Join Date
    Mar 2012
    Posts
    1,360

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

    These things are fact intensive. You have to know WHY they got it. It's not enough that you worked at the same place and had the same experience. Each one of you of you filled out your own applications, so you all said different stuff.

    What did they say on their applications, and what was the decision of the deputy?

  3. #23
    Join Date
    Jul 2011
    Posts
    21

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

    I know for a fact that she said the exact same thing I said when she filed, because I helped her fill out application online, after I had received my award letter from them telling me I was approved. During her phone interview they asked the same questions and she provided to same answers (I was with her when they called), the only thing her phone interviewer asked that was different was "Why did you wait so long to quit?" I quit 1 month and 12 days after the transfer, she quit 2 months and 4 days after the transfer. She advised them because she was sticking it out trying to see if it would get better and it did not. I thought she was more likely to not get it because the VP of HR offered her a sales job in another department before she quit and she declined. The only other difference is, when I told my phone interviewer about the hostile environment we worked in, she called me back a week or so later to ask me to elaborate more on that to see if there was some sort of discrimination or illegal practices that were being imposed that they needed to investigate.

  4. #24
    Join Date
    Mar 2012
    Posts
    1,360

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

    Ok, so she said the same thing you did. Now, look at her determination, and what does it say versus yours. That will clue you in to what your weakness is.

  5. #25
    Join Date
    Jul 2011
    Posts
    21

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

    I don't understand. What is my weakness? What did she do that I didn't do? From my point of view, I've done everything I could by the book to keep my job, and then to get my benefits. Then called and followed up with EDD every 2 weeks or so for the past 2 months. In our phone interviews, I stressed more on the environment and job being hostile and not what I agreed to do, she stressed that the job was not for her and not what she agreed to do. I practically filled out her application for her, and she waited, and got benefits. So I'm not understanding what you mean.

  6. #26
    Join Date
    Mar 2012
    Posts
    1,360

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

    You said that your decision was, "I left without seeking all possible resolutions before I quit, due to the change in working conditions."

    She would have received a determination also. What did it say? Comparing the two decisions will hopefully guide you in why the deputy in her case was persuaded, and yours was not.

  7. #27
    Join Date
    Jul 2011
    Posts
    21

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

    She didn't receive anything stating her determination. She just received her EDD debit card and more claim forms, she also checked and saw that she's already had benefits deposited to the card. From my experience, they have never sent me a letter telling me why they approved my claim, only why the didn't. This is this first time I've applied for benefits and been denied. The previous times I've only received the Award letter and more claim forms. Which I received this time, but then they turned around and denied it. This is getting super frustrating. I guess I just need to wait to get that folder your were referring to and see what my ex employer said and then come up with a game plan from there.

  8. #28
    Join Date
    Jul 2011
    Posts
    21

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

    Ok So I reviewed the case file today. It appears that they are denying it because of my resignation email where I stated "hostile environment, stressful, etc" and are saying that I quit for personal reasons, same thing with EDD their statements from our interview emphasis the stress and anxiety over the job and not anything else. So my plan of action at this point is to emphasize, in front of the ALJ, that I quit due to good cause. 1. The transfer was a bonafide demotion. 2. I did not morally agree with the work we were expected to do. (Title 22, Section 1256-23(c) provides the employer's requirements are unreasonable under any of the following circumstances: The claimant reasonably objects to the employer's requirements on moral grounds.) Both of these are true and encompasses what I mean when I said anxiety, stressful, hostile environment. The type of sales and service that we provided in my previous department, that I supervised, was customer satisfaction driven, and integrity focused. This new department lacked any integrity, and was driven strictly by money. I was expected to defend fees customers were being charged erroneously and not give them refunds, not take the time to explain to them how to save money on their monthly bill (which we did in my department), etc.

    So I'm wondering if I should bring up these two, or just go with the first. My coworker who received her benefits said she basically emphasized to the EDD interviewer that this job was not what she signed up to do when she worked for the company and she did not agree with the nature of the work we had to do.

    My other coworker was offered the option to be laid off, when she returned from maternity leave, which myself, nor my team was offered. So at this point, I can bring in, or get statements from, these two coworkers to attest to these facts. Facts being that I was a supervisor and was demoted to an entry level position, that the work we were required to do were morally against what our department, as well as myself(evidenced by their experience working under me) believed in, and that there was an option to be laid off that not everyone was made privy to.

    What are you thoughts?

  9. #29
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

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

    Okay, I can't stand it any more.

    For the record, the term, hostile work environment, has a very specific meaning in employment law. Unless you were being subjected to either sexual harassment or illegal harassment/discrimination as defined in Title VII and related laws, you were not, legally, in an HWE.

  10. #30
    Join Date
    Jul 2011
    Posts
    21

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

    Quote Quoting cbg
    View Post
    Okay, I can't stand it any more.

    For the record, the term, hostile work environment, has a very specific meaning in employment law. Unless you were being subjected to either sexual harassment or illegal harassment/discrimination as defined in Title VII and related laws, you were not, legally, in an HWE.
    Obviously I knew that after I stated, last week, that the EDD interviewer called me back to determine what type of hostile environment I was subjected to. I brought it up today because it is relevant to the case as that is the reason that they are stating, per the case file, that I quit..In my email I said "hostile environment", which they are claiming is personal reasons. The reason I said it in the first place was that is what myself, and my coworkers who were transferred up to that department, referred to that department as. If I had known that they would look at that as personal reasons, then I would not have stated that in the first place. I was not in anyway saying that I was subjected to a hostile work environment under Title VII employment law. If you read the copy of my resignation email that I posted in this thread, last week, you will see that I did not say "I am quitting due to hostile work environment" because that was not the reason. All I said was the transition was unsuccessful due HWE. All of which I will explain to the ALJ. Thanks for your input though.

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