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  1. #1
    Join Date
    Nov 2007
    Location
    San Francisco, CA
    Posts
    2

    Default Appealing the Grant of Unemployment to a Former Employee

    Thanks.

    An exempt employee (marginal to low performance / behavior) was employed by our firm for two years. The employee received their annual performance review, documenting concerns which were expressed over the course of the past year.

    Employee states they would like to comment and holds on to their evaluation for three weeks. Comes into their supervisors' office with a 2-day resignation notice and a small comment on the evaluation, just stating they didn't agree with the overall performance rating.

    During the exit interview 2-days later, employee blasted the supervisor, HR and pretty much everything. Said they could only give a 2-day notice (vs. 2-weeks) as the new job was contingent upon starting the following Monday. Stated they would be going to a new job, brand new position ("doing HR" above all things) and other tasks which employee does not have demonstrated experience in, at least in reviewing their employment application and resume.

    EE files for unemployment, we contested. Just received a NOD / R back yesterday stating our account will be subject to charge as "the claimant quit your employment for a substantially better job. Through no fault of the claimant, the new job did not materialize. Available information shows that the claimant had good cause for leaving work."
    The initial letter I sent to EDD was very thorough and outlined our position as well as the ee's performance, etc. Additionally, there is one individual at the EDD office who I've encountered over the past few years who IMO is unprofessional, arrogant and as in this case, grants the initial ruling in favor of the ee. He initially called me on this filing, but as par for the course, never returned my call.

    I'm at a loss as to how to appeal this, what can I say or document that I haven't already? It appears to me as though ee's employer (us) started holding ee accountable, this person was uncomfortable and quit "for a better job" which may / may not have materialized. Wouldn't that qualify as an exception to this former ee's eligibility, "be unemployed through no fault of his / her own"?

    Sorry for the lengthy post. I appreciate your time and feedback.

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