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  1. #1
    Join Date
    Oct 2017
    Posts
    1

    Default Petition to Reopen an Existing Unemployment Claim Was Denied

    My question involves labor and employment law for the state of: California.

    I was laid off March 2017 & began collecting unemployment for 6 weeks. I took a lower level job and stated "temporary or on call position" on my weekly EDD claim form [along with $$ earnings). The first cycle my UI check went from 289 to $227; next week paid $19 and after that stated "full time employment exceeds weekly benefit amount."

    So I stopped submitting weekly claim forms. Job ended August 1, and tried to re-open my existing claim (remaining balance $5,500) and was denied. Last employer said I was being terminated for misconduct, but if I wanted to use them as a reference to submit a resignation letter "for any reason". I asked is there any other way to continue working? Manager replied, only other choice is to NOT SHOW UP next 3 shifts and be terminated. I foolishly drafted a brief resignation letter stating the schedule conflicted with my childcare needs ... and have not collected any UI benefits since.

    I appealed the disqualification letter, simply stating "I do not agree with the decision" and have a hearing scheduled for tomorrow. My concern is what issue to focus on?
    a. my existing claim with prior company who laid me off?
    b. most recent company that ended involuntarily quit?

    Can't I simply continue collecting on the approved claim, that expires March, 2018? Or did I screw up in the way I re-applied for benefits?
    In any case, I am desperate for advise of how to present my case to the Office of Appeals??? -tomorrow morning...

    I did appeal disqualification letter, simply stating "I do not agree with the decision" and a hearing is set 10/16/17. My concern is what issue to focus on?
    a. my existing claim with prior company who laid me off?
    b. most recent company that ended involuntarily quit?

    Can't I simply continue collecting on the approved claim, that expires March, 2018? Or did I screw up in the way I re-applied for benefits?
    In any case, I am desperate for advise of how to present my case to the Office of Appeals??? -tomorrow morning...

  2. #2
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: Petition to Reopen an Existing Unemployment Claim Was Denied

    You didn't involuntarily quit. You quit. You may have been tricked, but you quit. If that letter of resignation is at your hearing, you're sunk. Had it said, "You are telling me to quit or I will be fired. Here's my letter of resignation, tell me when you want me to leave." You might have had a chance, but that schedule and child care, thing is a real problem. You kind of have to live with it even though it's not what really happened. You either lied in the letter or you'll be lying at the hearing. Your credibility is shot.

    As to the hearing, UI is about your LAST job. This one that you quit. What does your denial letter say? If you're lucky, it says that you have an able and available issue. In that case, you shouldn't have appealed.

    Also, getting help the day before doesn't really give you much of a chance to get the help you need. At a minimum, get to the hearing early. See if the letter of resignation is in the hearing file. If not, try the "they said they would fire me, but give me a good reference if I quit instead." You might be believed, and it's what really happened so you say. Pray your employer doesn't show up or brings that letter at the last minute.

    Next time it's quit or be fired, always go for the firing, and teach your kids this. This happens way too much, and it's been nearly 80 years that the UI system has been in existence, and yet people still don't know this.

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