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  1. #1
    Join Date
    Mar 2007
    Posts
    10

    Default Help For An Unemployment Appeal

    hi, i want to get some ideas from all you guys... this is regarding my unemployment claims (calif). the notice of determination stated, "you are not eligible to receive benefits under CA Unemployment Insurance code section 1256 beginning 10/29/06 and continuing until you return to work after the disqualifying act and earn $2030.00 or more in bona fide employment... You were discharged from your last job with (RCC) because you did not obtain or renew the license, certificate, or permit required by your job..." that is so untrue, my "most recent work" was on 10/30/60, then i and my employer had mutually agreed for my indefinite leave till i renew my nursing license, which became expired 9/30/06, then it was released by the board of nursing on 11/30/06, by then i notified my employer of my availability but at that time no work available due to construction, i filed unemployment on 2/4/07 but denied 3/2/07 and according to EDD employer reported i was terminated for "NO CALL, NO SHOW" on 11/2/06, how can they provide EDD with that lie, i wasnt terminated as far as I know, a lot of people from work can attest to that, what should i do??? can my work be subject to assessment under CUIC section 1142, what will happen with my accrued vacation pay, etc??? pls give me some insights...
    thaks...

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: need urgent advise re: unemployment appeal

    You didn't have your license on 11/2/06, which is when you were terminated. They couldn't offer you work at that time because you didn't have a license for four more weeks. Certainly you can appeal, but I don't think the odds are in your favor.

  3. #3
    Join Date
    Mar 2007
    Posts
    10

    Default Re: need urgent advise re: unemployment appeal

    is that right even if i am on a formal leave, i wasnt terminated or discharged at all, the employer just madethe false statement to the EDD to avoid using their reserve account... i just dont know how would i write my appeal, im due tomorrow... HELP

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: need urgent advise re: unemployment appeal

    If you can prove that you weren't fired when they say, submit your proof for the appeal and see what happens.

  5. #5
    Join Date
    Mar 2007
    Posts
    10

    Default Re: Help For An Unemployment Appeal

    i have my co-workers to back me up, also the last paystub which was released on 11/10/06--a violation of labor code sec 201-203 if i was discharged on 11/2/06, besides my paystub do not reflect my accrued vacation pay which should be automatically included in my final paycheck assuming i was discharged... how would i write the appeal though, my deadline is tomorrow, and i wanna get back with my employer for what they did. can you help me or let me knoe some link where i can get format or copy an appeal letter, im too broke to get a lawyer. thanks!!!

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Help For An Unemployment Appeal

    Perhaps this page will give you some ideas. (I'm not endorsing anything on the page.)

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