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  1. #1
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    Dec 2013
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    Sunnyvale, California, United States
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    Default Unemployment Denied for Quitting Before Exploring All Available Options

    My question involves unemployment benefits for the state of: California

    I originally applied for benefits back in September after dropping from full-time to part time work due to lack of affordable child care since the job only paid me a not so great hourly wage. I had my initial phone interview in early November. Was told I did qualify for benefits. But after not receiving any benefit payments, I sent a request for an update, upon which I was told that another phone screen right before Thanksgiving. The employer continued to schedule me for full-time work after pleading with my direct Manager, the Store Manager and the managers in the executive offices on several occasions, I was finally forced to resign since they would have fired me anyway for missing work. I was called for my second phone interview 3 days after my last official day. The screener first said that I had claimed I was laid off, which was not the case (no idea where she got that from), then I explained to her the circumstances regarding my efforts to not only stay with the company, but my ongoing efforts to find full-time work that paid me at least half of what I was making with my previous career and training so that I could afford child care. From everything I have researched, a lack of child care with no available alternatives for care is a legitimate reason to get child care. I did explore and try to implement any possible solutions, but received no help, just false promises from my employer. Something tells me that whatever my former employer told EDD is the reason why they denied me, but the letter does not give any specifics nor does it explain what happened to my claim between the original filing in September and when I left November 24th. It just says I am not eligible as of November 24th. I do want to appeal obviously, but do I state the facts in a letter, or just send in the DE 1000 Appeal form? I read somewhere that it's better to not get into any details in a letter, but just request an appeal. Please advise. Thank You!

  2. #2
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    Default Re: Unemployment Denied for Quitting Before Exploring All Available Options

    Your childcare issues are not your former employers problem. It is yours. You kept failing to show for work. You were willfully not working. It is not that I am not sympathetic, that is a fact. You should investigate qualifying for social service child care assistance.

  3. #3
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    Dec 2013
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    Default Re: Unemployment Denied for Quitting Before Exploring All Available Options

    Quote Quoting Disagreeable
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    Your childcare issues are not your former employers problem. It is yours. You kept failing to show for work. You were willfully not working. It is not that I am not sympathetic, that is a fact. You should investigate qualifying for social service child care assistance.
    Ummm... Wrong! Actually, Disagreeable, I DID show up for work, only after spending hours on end every week for almost three months trying to find people to cover or swap my shifts. I was there for every last shift or was forced to use work points. I'm sorry, but you need to read information a little closer before proceeding to make judgments about people that are simply seeking help. Once the holiday schedule came out, and everyone was scheduled for extended hours and shifts, finding someone to cover the assigned full time shifts became impossible. The reason I left was because I could not work the full time shift and not showing up meant that they would eventually fire me anyway which would have been a blemish on my work history. And yes, the child care issue is my problem, but when an employer assures you that they can schedule you for the hours you are available and claim to be flexible with work and family dilemmas, the problem IS theirs because they were making false promises. So how is pleading with every manager, including the store Manager, and being promised that the scheduling error would be corrected for two straight months turn into me "failing to show up for work and willfully not working. How am I "willfully not working?" I came to this website to get legitimate advise, not to be railroaded by someone who doesn't understand the situation, then make the claim of not being sympathetic... Really? And yes, I have applied for every type of aid under the sun, but to only be denied because of the amount of child support I am receiving, which by the way does not cover my $3800 a month rent plus bills in one of the most expensive areas in the country to live in, and yes, I am in Grad schools trying to increase my chances of getting better employment opportunities. So please do me a favor and try to actually give helpful advice rather that stating facts that are obviously anything but. Better yet, don't respond at all to avoid any unnecessary drama.

  4. #4
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    Default Re: Unemployment Denied for Quitting Before Exploring All Available Options

    Quote Quoting glbaby1
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    Ummm... Wrong! Actually, Disagreeable, I DID show up for work, only after spending hours on end every week for almost three months trying to find people to cover or swap my shifts. I was there for every last shift or was forced to use work points. I'm sorry, but you need to read information a little closer before proceeding to make judgments about people that are simply seeking help. Once the holiday schedule came out, and everyone was scheduled for extended hours and shifts, finding someone to cover the assigned full time shifts became impossible. The reason I left was because I could not work the full time shift and not showing up meant that they would eventually fire me anyway which would have been a blemish on my work history. And yes, the child care issue is my problem, but when an employer assures you that they can schedule you for the hours you are available and claim to be flexible with work and family dilemmas, the problem IS theirs because they were making false promises. So how is pleading with every manager, including the store Manager, and being promised that the scheduling error would be corrected for two straight months turn into me "failing to show up for work and willfully not working. How am I "willfully not working?" I came to this website to get legitimate advise, not to be railroaded by someone who doesn't understand the situation, then make the claim of not being sympathetic... Really? And yes, I have applied for every type of aid under the sun, but to only be denied because of the amount of child support I am receiving, which by the way does not cover my $3800 a month rent plus bills in one of the most expensive areas in the country to live in, and yes, I am in Grad schools trying to increase my chances of getting better employment opportunities. So please do me a favor and try to actually give helpful advice rather that stating facts that are obviously anything but. Better yet, don't respond at all to avoid any unnecessary drama.

    Mom, we're going by what you actually type.

    If you write that you couldn't go to work, it's only reasonable that we assume you're telling the truth and didn't go to work. The reasoning doesn't matter.

    The facts are laid out quite clearly.

    You may wish to relocate, too. Evidently you can't afford to live where you're living.

    I'm sorry, but the employer has done nothing wrong and is going by the law. Is it unfair? Perhaps. Is it mean and wrong? To some, yes. Is it illegal? Absolutely not.

  5. #5
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    Default Re: Unemployment Denied for Quitting Before Exploring All Available Options

    Quote Quoting Dogmatique
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    Mom, we're going by what you actually type.

    If you write that you couldn't go to work, it's only reasonable that we assume you're telling the truth and didn't go to work. The reasoning doesn't matter.

    The facts are laid out quite clearly.

    You may wish to relocate, too. Evidently you can't afford to live where you're living.

    I'm sorry, but the employer has done nothing wrong and is going by the law. Is it unfair? Perhaps. Is it mean and wrong? To some, yes. Is it illegal? Absolutely not.
    OK, you wanna do this, then fine... I never said that I didn't how up for work for the shifts I was able to change. It's only when I couldn't get shifts covered that I put in my notice. "I was finally forced to resign since they would have fired me anyway for missing work." I quit BEFORE it got to the point where I was missing shifts. I said WOULD HAVE.... WOULD HAVE... WOULD HAVE. I am not going to sit here and let someone who know's NOTHING about my situation sit there and tell me I didn't do to work when I was having anxiety attacks trying to remedy this situation for month. Relocating means giving up custody of my children. Again, please don't proceed to give advice when you don't know squat about my circumstances. You have your opinion about my employer being wrong or right, and that is just that... your opinion. But PLEASE don't sit there and tell me that hiring me into a position with agreed upon hours, then continue to schedule me for 27.5 hours more than agreed upon is right. That is just straight up ignorant. Please tell me you are NOT a lawyer. Lol And Please keep your opinion to yourself about my situation. Find someone else to try to piss off because you seem to be quite good at it, and obviously have nothing better to do.

  6. #6
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    Default Re: Unemployment Denied for Quitting Before Exploring All Available Options

    Quote Quoting glbaby1
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    OK, you wanna do this, then fine... I never said that I didn't how up for work for the shifts I was able to change. It's only when I couldn't get shifts covered that I put in my notice. "I was finally forced to resign since they would have fired me anyway for missing work." I quit BEFORE it got to the point where I was missing shifts. I said WOULD HAVE.... WOULD HAVE... WOULD HAVE. I am not going to sit here and let someone who know's NOTHING about my situation sit there and tell me I didn't do to work when I was having anxiety attacks trying to remedy this situation for month. Relocating means giving up custody of my children. Again, please don't proceed to give advice when you don't know squat about my circumstances. You have your opinion about my employer being wrong or right, and that is just that... your opinion. But PLEASE don't sit there and tell me that hiring me into a position with agreed upon hours, then continue to schedule me for 27.5 hours more than agreed upon is right. That is just straight up ignorant. Please tell me you are NOT a lawyer. Lol And Please keep your opinion to yourself about my situation. Find someone else to try to piss off because you seem to be quite good at it, and obviously have nothing better to do.


    Oh honey, it doesn't work like that here. You don't get to determine who answers and who doesn't.

    The fact that you don't like the legal reality changes nothing, although we're starting to see from you the sort of temperament employers simply don't like.

    Let's recap the facts though:

    You live in an area with a high cost-of-living.
    This is not the fault of the employer.
    You can't find affordable daycare.
    This is not the fault of the employer.
    Your employer changed your hours.
    Not illegal.

    Are we clear now?

    And as far as the other matter goes, maybe a switch in custody would be best?

    - - - Updated - - -

    Quote Quoting glbaby1
    View Post
    OK, you wanna do this, then fine... I never said that I didn't how up for work for the shifts I was able to change. It's only when I couldn't get shifts covered that I put in my notice. "I was finally forced to resign since they would have fired me anyway for missing work." I quit BEFORE it got to the point where I was missing shifts. I said WOULD HAVE.... WOULD HAVE... WOULD HAVE. I am not going to sit here and let someone who know's NOTHING about my situation sit there and tell me I didn't do to work when I was having anxiety attacks trying to remedy this situation for month. Relocating means giving up custody of my children. Again, please don't proceed to give advice when you don't know squat about my circumstances. You have your opinion about my employer being wrong or right, and that is just that... your opinion. But PLEASE don't sit there and tell me that hiring me into a position with agreed upon hours, then continue to schedule me for 27.5 hours more than agreed upon is right. That is just straight up ignorant. Please tell me you are NOT a lawyer. Lol And Please keep your opinion to yourself about my situation. Find someone else to try to piss off because you seem to be quite good at it, and obviously have nothing better to do.

    (Afterthought)

    It's not about what's "right". It's about what's "legal". There is a massive difference and you really do need to understand that difference.

  7. #7
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    Default Re: Unemployment Denied for Quitting Before Exploring All Available Options

    The reason you just ask for an appeal and nothing more is that EDD won't read what you wrote a second time because as far as EDD is concerned a decision has been made, it's right, and only an ALJ can change that decision, but the employer will read it, and get to act on it. Not so much for CA residents, but even in states that have a reconsideration process, I have yet to see a redetermination that didn't result in the same decision or even a worse decision being rendered. Also, what you say first carries a lot of weight. So if during the time you are researching for your appeal, you find that bulletproof argument to get benefits, it's really hard to change your reasoning.

    Here's the problems in your story:

    First, you asked to go part time, and then you applied for partial UI. That's not how it's supposed to work because you asking to go part time makes you the moving party, and you have to live with the consequences.

    Second, you say you had lack of childcare, but that's not really true. You did have childcare, it was just really expensive. The childcare rules mention nothing about cost being a factor. Those claimants all got ui because they had access to no childcare at any price. Quote from the CA Benefit Determination Guide, "The cost of supplying child care is usually not a consideration in deciding if a claimant had good cause for quitting. The fact that a claimant does not consider it 'economically worthwhile' to continue working is not, of itself, good cause for quitting."

    Third, you quit. If the employer had agreed to your part-time schedule, and you kept missing work because you continued to work the agreed upon schedule, and then they fired you for refusing to work beyond those hours, then in all probability, you wouldn't be here because your benefits would have been approved.

    When you file for the appeal, you'll get a chance to see what the employer had to say. If the hearing is telephonic, the deputy notes will be included in your hearing packet, and if it's an in-person hearing, you'll be able to view the file prior to your hearing.

  8. #8
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    Default Re: Unemployment Denied for Quitting Before Exploring All Available Options

    Quote Quoting chyvan
    View Post
    The reason you just ask for an appeal and nothing more is that EDD won't read what you wrote a second time because as far as EDD is concerned a decision has been made, it's right, and only an ALJ can change that decision, but the employer will read it, and get to act on it. Not so much for CA residents, but even in states that have a reconsideration process, I have yet to see a redetermination that didn't result in the same decision or even a worse decision being rendered. Also, what you say first carries a lot of weight. So if during the time you are researching for your appeal, you find that bulletproof argument to get benefits, it's really hard to change your reasoning.

    Here's the problems in your story:

    First, you asked to go part time, and then you applied for partial UI. That's not how it's supposed to work because you asking to go part time makes you the moving party, and you have to live with the consequences.

    Second, you say you had lack of childcare, but that's not really true. You did have childcare, it was just really expensive. The childcare rules mention nothing about cost being a factor. Those claimants all got ui because they had access to no childcare at any price. Quote from the CA Benefit Determination Guide, "The cost of supplying child care is usually not a consideration in deciding if a claimant had good cause for quitting. The fact that a claimant does not consider it 'economically worthwhile' to continue working is not, of itself, good cause for quitting."

    Third, you quit. If the employer had agreed to your part-time schedule, and you kept missing work because you continued to work the agreed upon schedule, and then they fired you for refusing to work beyond those hours, then in all probability, you wouldn't be here because your benefits would have been approved.

    When you file for the appeal, you'll get a chance to see what the employer had to say. If the hearing is telephonic, the deputy notes will be included in your hearing packet, and if it's an in-person hearing, you'll be able to view the file prior to your hearing.

    This should be "stickied" somewhere.

  9. #9
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    Default Re: Unemployment Denied for Quitting Before Exploring All Available Options

    Perhaps instead of blaming everyone else because you chose to have a child you cannot afford, you should put on your Big Girl panties, move out of CA, stop going to college and work more hours.

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