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  1. #31
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    Default Re: What are the Chances of Winning an Unemployment Appeal

    But, you see, you were not IN an HWE as defined by law. So the unsuccessful transition could not have been because of an HWE.

  2. #32
    Join Date
    Jul 2011
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    21

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

    I don't think you're understanding. I am not, nor was I, referring to a Hostile Work Environment in the legal sense when I wrote that in the email and on this thread. I was, and am now, referring hostile in the definitive sense as in: "Hostile ;adj; marked by malevolence : having or showing unfriendly feelings," which describes the ENVIRONMENT that we WORKED in. Again, I did not state I was quitting DUE to, in the definitive sense that I was using, a hostile environment. I quit due to the fact that:

    1. My company, position, and department was eliminated.
    2. The position I was transferred to was an effective demotion, which also capped my salary, and limited any future promotional prospects.
    3. The nature of the work was not in alignment with my skillset, which would have lead me to lose proficiency in my most employable skillset (According to Title 22, Section 1256-23(c) under Unreasonable Requirements) ie.: My skillset is Product Development/Sales and Client Retention. Not financial analysis and processing.

    All three of those reasons, to my knowledge, are in fact good cause to voluntarily quit. All of those reasons, however, are not what lead to the hostile environment I was referring to. The managers, their policies, and their attitudes, as well as the attitudes of the other employees in that horrible department, lead to my, and my coworkers, defining that environment as in fact, hostile.

  3. #33
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    Default Re: What are the Chances of Winning an Unemployment Appeal

    My point is that you are using a phrase that has a very specific meaning, and you are using it incorrectly. It could be - I am not saying it is for sure, but it is certainly not impossible - that the difficulties you are having is that when you say HWE, it is being interpreted as the LEGAL definition. And since it is clear that you are NOT in a legal HWE, that causes your meaning to be misunderstood.

    You cannot take a phrase that is understood to mean one thing, use it to mean something else, and expect that there will be instantaneous understanding of what you mean. If you say to people who are used to an HWE meaning one thing, that's what they're going to expect you to mean by it too.

  4. #34
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    Jul 2011
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    21

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

    I understand your point. Like I said, had I known that "hostile work environment" was in fact some legally defined term under employment law, I would not have used it. I don't know if that is the reason I am having difficulties or not. It seems like it may be, given the fact that my coworker, who is receiving UI, quit for the same reasons after me, said the same thing I did on her application, the only difference being I mentioned hostile work environment in my resignation letter and telephone interview, and she did not. I'm assuming after determining that there was no actual "hostile work environment", the EDD person handling my case, agreed with the employer when they presented my email to them and stated I quit for personal reasons. So my plan is to explain that at my hearing to the ALJ and make it clear that I was mistaken in using that term, and then present the actual reasons I voluntarily quit.

  5. #35
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    Massachusetts
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    Default Re: What are the Chances of Winning an Unemployment Appeal

    It certainly can't hurt.

  6. #36
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    Jul 2011
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    21

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

    From your knowledge or experience, does it appear to you, given the current facts, that I have a good chance of getting the appeal overturned? Do you believe I should have my coworkers there as well to attest to any, or all of these facts?

  7. #37
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    Massachusetts
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    Default Re: What are the Chances of Winning an Unemployment Appeal

    I've seen some odd decisions in both directions, so I can't say for certain either way. But if I were a betting woman, I'm not sure I'd put the money on your prevailing. As for having your co-workers there, how many of them are there that are willing to put their jobs on the line for you?

  8. #38
    Join Date
    Jul 2011
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    21

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

    There's only 1 person that was in my department when we got transferred that is still there. I'm not planning on bringing involving her, even though she agrees with me. The coworkers I'm referring to, weren't technically "coworkers" since I was their manager, but they both voluntarily quit for reasons #1 and #3 I listed (1 quit before me, and 1 quit after) and both are receiving unemployment. So they have nothing to put on the line. We all talked and they told me I should bring up the fact that they both quit for the same reasons and received their unemployment. So they would not have a problem coming into the hearing with me.

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