My question involves unemployment benefits for the state of: California
I voluntarily quit from my job as a waiter in late March after my boss at the restaurant told me on a couple of occasions that he was no longer comfortable with my work there as a waiter, and that he did have occasional work available for me as a busboy or as a host.
Since joining the restaurant in February, I got along well with everyone, performed no misconduct, and made a 100% effort every shift. However, this is a very high-end restaurant, they have very high standards, and I understand they have every right to make their own decisions regarding hiring and firing.
Yet, as this was the only option I had (working less shifts as a busser), and the move away from being a waiter represented a significant drop in wages and tips, I finally put in my voluntary quit notice.
Earnings at a restaurant vary nightly, but at most restaurants (including this one) bussers make significantly less than waiters. The numbers change nightly, but the pay scale ratio is a constant.
Here, like at other places, on a per shift basis, the busser earns from 30-40% less in tips. The minimum wages are the same, but with both bussers and waiters the minimum wage represents a very small portion of one's take-home pay.
The EDD denied my claim, saying the drop in wages was not substantial, even though in my eyes it was clearly far more than the 20% reduction necessary in California law to guarantee voluntary quit "good cause" eligibility.
I will be writing my appeal to be sent to them, which they review to see if the right decision was made. If they don't change their mind in 20 days, they send it on to appeals for a legitimate appeal, which would probably happen sometime in 2012!
Any advice here, on how I should go about writing this appeal? Is there a way for me to prove to them just how people get paid at this restaurant? I could get pay-stubs for every waiter and every busser for one single night to show the very large difference between the averages of the two?
Thanks for any who have any ideas about my particular situation! I fel they just haven't been able to look clearly at the pay system; if they had they would see that the option my former boss gave me was a major drop in pay.
Frustrated in CA