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  1. #1
    Join Date
    Aug 2008
    Posts
    3

    Default California Unemployment Appeal

    My question involves unemployment benefits for the state of: CA

    I was recently denied UI benefits on the grounds that I was "preparing for my upcoming marriage". When I had the phone interview she asked me the MAIN reason for leaving my employer of 3 years (a 30 hour a week job). I stated that I could no longer afford to live in Ventura, alone.

    I said that my fiance' and I have been together over 10 years, own a home, as Joint Tenants, own two autos together, have joint accounts, etc. She asked if we had any biological children together. I said no, but he has raised mine, with me, since they were young.

    I stated that due to him accepting a position, an advancement in his career, at a new company in Torrance we would have to move.

    She then, pretty much, ended the conversation.

    When he accepted the original position I declined to move. It became apparent real fast that I could not maintain our home alone as he had contributed over 2/3rds of the costs. His mommy didn't want him to sell so she agreed to buy my share out, which never happened. We then listed it for sale. I had to put in over 10,000 to make it "worth" what the others were listed for in the area. At this time I had been working two jobs, both part time, 7 days a week. Due to having dogs I would have to leave work any time it was to be shown. To make this shorter, I had to quit the weekend job to be available to show the home.

    During this time, we reconciled and he began to make the commute home most nights. The commute is 75 miles, each way. With a travel time of 1 1/2 to 2 1/2 hours each way...a minimum of 3 hours a day (usually closer to 4). We took the house off the market and he began looking for work back in our area.

    He had started two classes at the local college (at the new location) and needed to finish those in the meantime.

    Then, a job became available at a very large company where he could advance in his career and for all the "right" reasons, he could not turn it down.

    I again, was faced with having to make a decision as I could not afford to live in our home and he could not afford to maintain two residences. I looked into taking out a second on our home so that I could at least survive a move on my own I had incurred a lot of debt with the remodel and having to try and maintain the home on my own while it was for sale. My part time job in no way comes close to the costs of keeping our home. With the market the way it had become selling was not an option.

    We finally agreed to rent out our home and move, together, to the new location which happens to be where we moved from before moving to Ventura and where my parents, his parents and my three newly adult, daughters live.

    My mom is a Certified HR Generalist and persuaded me to file for UI. She said I had not one, but several compelling reasons to voluntarily quit my last employer, but it seems that UI doesn't feel the same way.

    First, though we are not married and not registered as Domestic Partners, we are engaged and we have had a long term relationship. We own, everything, together and maintain joint accounts. Under title 22 section 1256-12 would this not fall under "C" The need to preserve family unity? It also states "In some cases a claimant may quit well in advance of the intended marriage. In this case good cause will be dependent on why the claimant quit at that time.

    We also found that under Title 22 Section 1256-8b it goes on to state "There are numerous reasons a claimant may be required to change his or her residence, for instance, .......the rent may have been increased byond the claimants means, the claimant may have lost a roommate, .....etc...if they don't want to recognize the imminent marriage, at the very least, I lost a roommate...one who paid MOST of the costs to live there!

    In the same section it speaks of distance and travel time. Keeping in mind this was a 6 hour a day position and my prior commute time was 22.8 miles a WEEK at most, The new commute would have been 728.40 miles per week with an aproximate 2 to 3.5 hour drive EACH way. I did the math and with my older car (115,000 miles on it) the aproximate mpg would be 20. My car takes only premium gas...the cost of JUST gas per week would be around 156.00. This does not include oil, tune ups, tires, etc. I brought home aproximately 1600 a month I would now be spending over 600 a month on fuel charges, not to mention TIME commuting.

    I made every reasonable effort from November of last year to figure out a way to survive.

    I spoke to my employer all thru this time trying to come up with alternatives for all concerned. There were no other locations as it was a small, one person office. The position would NEVER go full time, with benefits (I had to pay for my own with my employer contributing 400 per month toward my plan which I had to purchase under HIPPA) They had only done this for two years and were seriously talking about cutting my hours so that they would save on my salary and not have to pay ANY benefits. (I won't even get into the fact that I worked in excess of 8 hours a day, including many weekends WITHOUT PAY just to be able to keep up and they KNEW this...I also had four "bosses" in three years, three of them in the last 6 months...no job stability there!). I asked about working more hours, less days....maybe three 10's....no, they wanted someone in every day...in the end she even asked her husband to help me find a new position in the area I now reside in!.

    I looked into renting out a room in our home. That, with two jobs, I would still not be able to afford to stay in our home. I looked again, into selling, renting out and renting another place in Ventura, still, couldn't afford it on my own. I even tried to place my two older dogs in homes at one point, to no avail (thank God!).

    I had no friends there, and had, in fact, all my family live where we moved back to.

    I know this is long, but I have my appeal date for next week and I am trying to piece this all together, without going on and on....trying to figure out how to present the facts and find out if I have a case, which in all that I could find I keep reading "by itself it's non compelling but with other factors...."

    All I know is that I had NO choice...my life, as I knew it, was going to change no matter how I tried. He moved due to better jobs, one in hand before he left. He moved due to continuing education. He had earned his AA and could advance no further in our area while working full time. I couldn't afford the home without his income and the commute, once it was done, There was no way I could do that commute.

    What can I do? Any thing I can read to prepare? Which should I stress, leave out, etc.? Do I even have a chance?

    I have searched for work since the move and keep all the copies of things I have applied for. I have only received THREE calls for interviews! If I don't win my appeal I am going to be even further in financial trouble.

    Anything anyone can tell me that could help, please do so asap!!

    Thank you, so much and sorry it's long!

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

    Default Re: California Unemployment Appeal

    With rare exceptions which do not appear to apply here, you get unemployment if your employment is terminated for good reason attributable to your employer.

    In what way is your employer responsible for the fact that you needed to relocate?

  3. #3
    Join Date
    Aug 2008
    Posts
    3

    Default Re: California Unemployment Appeal

    I am only stating what I have found in doing research. I did make every attempt to stay with that employer as far as schedule, etc. I did make every attempt to find other living arrangements so that I did not have to leave that employer. Financially I could not stay.

    I keep reading in past appeals where UI was granted under certain circumstances "when a reasonable person", etc...

    You make it sound as though I am "taking" something away from that employer.

    To be honest, which I am, if I were "after money" I could have filed a claim against them for the hundreds of hours of time I worked and was never paid for. I guess, in the end, it wore me down, where I felt I was helping I ended up being taken advantage of. My start time was 10:30...if they had an early meeting I was expected to have everything ready for them by 7am. The more work they gave me, the more I stressed that there was no way, no way, it could be done during my regular hours. I was the only paid employee, everyone else volunteered (though they were compensated in other ways)...as one, or two, or three would drop out they just threw the committee work onto me and knew I would get it done. Yes, of course they wanted someone in there EVERY day....not because a person needed to physically be there, but because working three 10 hour days wouldn't be an option for them, as they were getting five 10 hour days plus weekends at no additional cost.

    Now, this is NOT the reason I have applied for benefits....though true, it was not my "employers fault" that I had to relocate, it was not exactly mine either. I am merely asking what the UI "laws" state....I believe I had, according to their listed past cases, equally compelling reasons as stated.

    Thank you.

  4. #4
    panther10758 Guest

    Default Re: California Unemployment Appeal

    The information you were given was accurate whether you like it or not. Appeals cost you nothing so you are free to appeal if denied

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: California Unemployment Appeal

    You're reading something into my post that was not put there by me.

    The fact remains that in most cases, when you quit you don't get benefits unless there is a valid reason attributable to your employer. Quitting for personal reasons is not attributable to your employer.

    Unless there is more to the story than you have told us, it is unlikely that you will qualify for UI. I am a certified HR professional also and I do not agree with your mother that you have ANY compelling reasons that would qualify you for UI, let alone several.

    Ironically, your state is one of the few where quitting to follow a trailing spouse would qualify you for benefits. But a fiance is not a spouse.

  6. #6
    Join Date
    Aug 2008
    Posts
    3

    Default Re: California Unemployment Appeal

    Unemployment Insurance Claims – Worth the Fight?
    In California , unemployment benefits are available to eligible employees who find him or herself out of work. The reasons for being out of work will determine whether a person is eligible for benefits or not.
    Generally, an employee laid off through no fault of his or her own is eligible for benefits. The Employment Development Department (EDD) will investigate those claims where the employee quits work or is fired in order to determine eligibility. Claimants are found ineligible for unemployment benefits if they are out of work because they refused to perform suitable work, were discharged for misconduct or quit without good cause.
    “Suitable work” is considered work in the person 's usual occupation for which he or she is qualified or fit to perform. Factors considered in determining whether the work is suitable include, but are not limited to, the degree of safety risk involved, the employee's physical fitness and training as well as experience and prior earnings, geographic location to the person's home and other factors that might influence a reasonably prudent person.
    “Misconduct” generally involves the employee's substantial breach of a material duty owed the employer that is willful. Further, the breach disregards and tends to injure the employer's interest. An inability to perform the job duties does not qualify as “misconduct”. Failing to follow company policy can be an example of misconduct sufficient to deny a claim for benefits.
    An employee may receive benefits if his or her voluntary departure was for “good cause” which occurs when the employee genuinely desires to remain employed, but a “real, substantial, and compelling” reason is a substantial factor in their quitting. Examples of “good cause” includes, among others, leaving because of sexual harassment or to accompany a spouse to another location.
    If an employee is eligible for benefits, the employer's account will be surcharged for the benefits paid which means the employer's unemployment insurance tax obligation will increase. Thus, employers are well served to challenge claims when warranted by the facts, and to carefully, thoroughly and=2 0timely respond to inquiries from the EDD in responding to unemployment insurance claims as successfully defeating a claim will avoid a surcharge on your account.This is why my mom felt that I would not be denied

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: California Unemployment Appeal

    If the company moves away from you, you are likely to be eligible for benefits. That's what is meant by the geographic location statement. If the company is in Los Angeles and relocates to San Diego, you would be eligible for benefits because you could not control the geographic distance.

    If you move away from the company, that's a whole different ball of wax. The employer didn't go anywhere. You chose to leave the area. You controlled the geographic distance, not the employer. So it's unlikely that you would qualify.

    As I said, accompanying a spouse to a distant location is one thing. But a fiance is not a spouse. I've seen UI denials before when the claimant was following a fiance or a domestic partner. When they say spouse, that's exactly what they mean.

    Anything can happen. UI decisions are often variable. But you have said nothing to change my conviction that you will not be found eligible, and if I am wrong, I would expect your employer to appeal.

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