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  1. #1
    Join Date
    May 2008
    Location
    Eugene, Oregon
    Posts
    4

    Default Unemployment Insurance Appeal In California

    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

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Unemployment Insurance Appeal In California

    A hostile work environment has a very specific meaning under the law and what you describe does not even come close to it.

    When you resign your chances of receiving unemployment are very slim regardless of whether your employer contests or not. It is a myth that you'll automatically get benefits as long as your employer does not contest. If your employment ended for a reason that disqualifies you for benefits, you won't get benefits whether your employer contests or not.

  3. #3
    Join Date
    May 2008
    Location
    Eugene, Oregon
    Posts
    4

    Default Re: Unemployment Insurance Appeal In California

    I never claimed in my post a hostile work environment. You didn't read it right. I have a pshychiatrist who has 20+ pages of chart notes and it is all related to my work situation. My doctor advised me to quit for my mental well-being.

    And if someone can help with the second part of my question I would really appreciate your help. I have read that having to follow a spouse to keep the family intact to another state, is good cause to quit your job and receive UI. Wouldn't having to leave b/c of financial devastation, having to leave the state to be able to be with my family, qualify as a reason to leave? And therefore fall under a "reasonable person's" chain of actions?

    Again, thank you.

  4. #4
    panther10758 Guest

    Default Re: Unemployment Insurance Appeal In California

    The determination of denial of benefits is up to the state. Its not likely anyone here can do more than guess. Take everything you feel is related to your calim you deserve benefits to your hearing

  5. #5
    Join Date
    May 2008
    Location
    Eugene, Oregon
    Posts
    4

    Default Re: Unemployment Insurance Appeal In California

    Thank you. I am arming myself with all my resources. And all I can do is give any and all information. I will report back as to what the outcome was. Thank you again.

  6. #6
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Unemployment Insurance Appeal In California

    One more point.

    You were gone from work for over 12 weeks. Significantly more than 12 weeks.

    There is no law that states you have a job to come back to after 12 weeks and one day.

    Therefore, when you did not return, regardless of the reason, a case can be made that you abandoned the job and quit.

  7. #7
    Join Date
    May 2008
    Location
    Eugene, Oregon
    Posts
    4

    Default Re: Unemployment Insurance Appeal In California

    Well, yes I suppose a case could be made for that in most places but I still had a job. I was in contact with HR the whole time. I had a doctor note and the approval of HR to be out on an extended leave above and beyond FMLA, something my employer offered to me. So no, in my case I did not abandon my job nor can there be a case made for it.

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Unemployment Insurance Appeal In California

    This and things like no support from my department, left me feeling like I would be returning to a hostile work environment.

    Your words, not mine. I didn't get the HWE reference out of the air.

    If your employer's willingness for you to have UI was going to send up any kind of red flag to the judge, you would have been approved when the employer did not reply. Having a good reason to quit is not the same thing as having good cause to quit under UI regs.

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