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  1. #1

    Default Received EDD Denial After Employer Assured Me My Claim Would Be Approved

    My question involves unemployment benefits for the state of: CA

    I'm sorry if this is hard to follow. I tried to leave out detailed information.

    I worked for a corporate giant in a sales position with an annualized quota for a little over a year. After finishing the first year over plan, I was hot one month and cold two in the new fiscal and I was given two written warnings about my performance but I was feeling confident because I had a huge deal on the horizon and some of my peers were doing worse with nothing like that in sight. The last day of the fourth month I turned in a deal that put me approximately three and a half months ahead of my quota. Apparently that wasn't enough to save my job.

    That afternoon my boss called me and told me my pace of work was unsatisfactory and that I had the choice to resign or be terminated at the end of the day. I reminded him that I just turned in a year-changing deal but he wasn't having it. I would be unemployed that evening willingly or not. He said that resignation would make things easier for all parties involved, that trying to find a job after a termination is not easy, that he would recommend me and draft any letters that I needed, that I would be entitled to the commission from the huge deal so long as it went through completely, and that he would approve an unemployment benefits claim because he understood the upcoming holidays wouldn't make finding a new job easy.

    I was sick of being micromanaged and if a gigantic sale like that wasn't enough to get them off my back, nothing would make them happy. It seemed like a perfect out while saving face and not burning any bridges. I tendered my resignation and filed for unemployment benefits the following morning citing personal reasons for leaving my job. My employer would cite voluntary leaving work for other employment. Six weeks later I received a letter from the EDD saying I was denied unemployment because quitting disqualified me and now I am in a panic because of my dire financial situation.

    In my rage and distress I immediately drafted a two and half page letter to go with my appeal form telling the truth of what really happened but I wanted to take to the internet to get some answers first or see if anyone else had run into something similar and what my options were. I am a little scared about facing this company and my former boss even in an UI appeals hearing and what it could mean for my future but at the same time my finances are dire. There are so many things I could have done differently in hindsight, but I was up against a wall and hurried into making an uninformed decision.

    Any sort of input would be greatly appreciated. Thanks, all.

  2. #2
    Join Date
    Apr 2009
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    Default Re: Received EDD Denial After Employer Assured Me My Claim Would Be Approved

    Resignation generally means you won't get UI.

    All the employer has to do really is to turn up and tell the truth - that being, you did in fact resign.

    I'm not saying it's "right" for them to do that, but they haven't done anything illegal.

  3. #3

    Default Re: Received EDD Denial After Employer Assured Me My Claim Would Be Approved

    Man, that is drag. This is from the EDD website itself. Is it possible that they might take that into consideration after the fact, seeing as how I was concerned about being able to find future employment?

    Quit in Lieu of Discharge

    Title 22, Section 1256-1(d), provides:

    An employee who leaves work when asked by the employer to either resign or be fired, or an employee who resigns rather than agree to a forced leave of absence, has not left work of his or her own free will. In these situations, since the employee did not choose to quit, the employer is the moving party in the separation and the employee becomes involuntarily unemployed.

    When an employer allows a claimant to resign rather than be discharged, the option is usually given because the employer does not desire to affect the claimant's future employment possibilities with other employers by reporting his termination as a discharge. All such "resignations" will be characterized by the fact that the claimant had no choice relative to remaining employed. If he didn't resign, the employer would have discharged him. In such cases, the claimant's leaving is involuntary and will be treated as a discharge.

    In P-B-218, the claimant was accused of using abusive language to a co-worker. The claimant was given the option of resigning his position or being discharged. The claimant chose to resign. In holding the separation a discharge, the Board stated:

    . . . [T]he claimant's forced resignation was in no sense voluntary. If he had not resigned, he would have been discharged. Having no real voluntary choice in the matter of continuing his employment, we hold that he was discharged by his employer. . . .

  4. #4
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    Default Re: Received EDD Denial After Employer Assured Me My Claim Would Be Approved

    Let's back up a second.

    Do you have any proof of the conversation?

  5. #5

    Default Re: Received EDD Denial After Employer Assured Me My Claim Would Be Approved

    He called me on my cell phone from his cell phone, records could be pulled? Everybody in the office realized what happened. Not sure how they'd feel about going in there and speaking up, though. That would make things very awkward for them.

    He e-mailed me at my work e-mail that afternoon from his work e-mail with unemployment insurance attachments and info that I forwarded to my Gmail. I believe the reason for the claim being denied is that the EDD doesn't feel it was qualified. My boss is a very, very busy guy. It's possible he wouldn't even make it to the hearing? Do those big companies send legal goons to those things? He said that UI claims pass his desk personally and he would approve it.

    - - - Updated - - -

    Should I attempt reaching out to him? I think it's more likely than not that I haven't been the first person ousted in that manner and he might be helpful?

  6. #6
    Join Date
    Mar 2012
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    1,358

    Default Re: Received EDD Denial After Employer Assured Me My Claim Would Be Approved

    Common ploy that companies use to not pay UI. You were duped. You quit, so the burden is on you to prove that it was quit or be fired. Not only is that not always easy to do, but when you filled out the initial paperwork, you didn't even mention it. Now, you want to raise the issue. Your credibility is shot.

    Similar case in this thread http://www.expertlaw.com/forums/showthread.php?t=164981. The only difference is that the employer admitted to the quit in lieu. Your employer didn't.

    Scream from the top of the highest montain, "if you have the choice of getting fired or quitting, pick FIRED." It makes it so much easier to get unemployment benefits. I also don't think it's easier to get a job in this senario. Everyone knows that if you quit a job without another job, something is up.

  7. #7

    Default Re: Received EDD Denial After Employer Assured Me My Claim Would Be Approved

    Someone had to say it, right? I will put this appeal form and letter in the mail tomorrow, hope to at least get in front of a judge, and get my co-workers that are still there to provide me with performance reports, etc., anything that I could use as evidence to prove my case. I'll provide any updates as they come my way. Nothing to lose at this point, right?

  8. #8
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    Default Re: Received EDD Denial After Employer Assured Me My Claim Would Be Approved

    Your co-workers aren't really going to help (unless you bring them with you).

  9. #9

    Default Re: Received EDD Denial After Employer Assured Me My Claim Would Be Approved

    In order to avoid putting them in an awkward situation I can request to have them subpoenaed, correct? This would require them to be present by law as opposed to voluntarily testifying against the employer? At the end of the day, I want to get paid and should exhaust all measures at my disposal.

  10. #10
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Received EDD Denial After Employer Assured Me My Claim Would Be Approved

    Yes, they can be subpoenaed.

    Chyvan makes some great points though, and I'm not convinced you'll be able to prove constructive discharge (which is about your only option)

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