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

    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.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    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.

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