My question involves unemployment benefits for the state of: California
I worked for a government agency in California. I was harrassed by a lead co-worker (not exactly a supervisor but I provide admin support to her). I notified my supervisors (in writing) about her actions and got no reply. I basically got no support. I went out on stress leave. My doctor wrote me out for 30 days (I was weepy and a mental mess). My employer let me out on family medical leave. All told, I ended up being out on leave 4 months. I was seeing a phychiatrist and put on medication. The whole harrassment thing was ongoing and came to a head and it is a long, complicated story and I won't bore you with too many details. My employer did offer to transfer me to another department. I did not want to go back. I had found out, through a friend of mine (not employed at this agency), that a current HR employee was talking about my medical leave, my going back or not going back to work and my family medical leave act status with this friend of mine. This and things like no support from my department, left me feeling like I would be returning to a hostile work environment.
When I resigned my position, I asked if I resigned, would they not contest UI benefits and they agreed. I know that they have not returned phone calls to EDD at all. They don't want to talk to EDD at all about my case. EDd denied my initial claim b/c they said I did not have "good cause" to quit. And I didn't make enough of an effort to preserve my job. I am appealing. I wrote a 2 page appeal letter to EDD and gave EDD written permission to access my medical records at my therapist's office. There are about 20 pages of chart notes related to me medical condition. My doctor all but said my main stressor was my employer. I also made sure to let EDD know if they were denying my claim, they are in essence, irresponsibile in that that is an inference that I should have gone back to an employer where my mental well-bring was at stake. I did make an effort, while out on leave, to contact my supervisor. I left two messages asking her to have lunch with me and called her cell phone. She never returned my phone calls.
My phone interview for my aqppeal (I now live in another state) is this Wednesday. Is the above information, and assuming EDD requested my medical records, enough to approve me, in your opinion? Also, as a sidenote, and I have not brought this up to EDD. I now live out of state entirely because of what transpired with my last employer. I was out on leave for four months and two additional months when I was still technically employed but my employer and I were going back and forth on what I was to do. My salary was cut to less than half for 6 months. My husband and I could no longer afford our home in California. We can't make the payment (nothing to do with mortgage crisis stuff, our payment is the same as it was 5 years ago) so we are renting it out and my father in law is letting us live in his vacant condo while we make a fresh start. He is helping us with childcare, etc.... while I look for work. My husband is disabled. Question 2 is should I even bring this up with the judge? The part about b/c of my job we had to move out of state? I have not brought this up with them at all so I don't want it to look weird if now all of a sudden I'm bringing this up, but it could be relevant, given that a reasonable personb would have quit their job and transfered out of state b/c of finances being an issue.
Please let me know if I should even bring up the second part and if there is any way to make my first case stronger? Like I mentioned before, my employer is not returning their phone calls as they are not contesting at all. Should that not account for something too that my employer is not contesting? Should that not be a "red flag" to a judge that perhaps I did have reason to quit if my employer is willing to let me have UI?
Thank you very much for your help in advance! I really appreciate this.....
~Veruca Salt

