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  1. #1
    Join Date
    Jun 2009
    Posts
    1

    Default Remedies for Wrongful Termination After Winning an Unemployment Appeal

    Hi, I live in California and was terminated back in December 2008. I sent a letter to the Labor Board and EDD and was denied UI or a case. I appealed the EDD decision and it went to an appeal judge. The appeal judge found in my favor in June 2009. The judge stated it was a wrongful termination. I am waiting to see if the employer will appeal that decision. My past employer has 20 days to do so. I was out of work the whole time. Looking for a job and going to interviews. There was a lot of stress and lost sleep. Due to financial difficulties and it did not help my marriage at all. Do I have the right to go after a severance, wrongful termination ANYTHING? It was hard getting a job with a termination on your mind. I was with the company for over 8 years and soon after I got terminated the company laid people off. Thank goodness I am currently working. I still feel the financial and emotional stress this situation has brought me and my family.

    Thanks,
    c

    After reading some situations that other members are/were going through. Life can only get better. Just keep going to job interviews and try to move on. I was struggling for months and still am, but not as much. Now I am currently working and able to provide for my family again. I had to leave some information off my job applications, but your past employer is not allowed to state why you are no longer with the company; only if you worked there and title. Maybe salary but that is it. So, life does get better....just keep swimming.

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

    Default Re: I Won My Appeal.still Stressed-Out

    The EDD does not determine whether a wrongful termination occurred. The EDD determines ONLY if you were terminated for a reason that qualifies you or disqualifies you for unemployment benefits. That is a VERY different thing than the legality of your termination. Receiving UI does NOT mean that you were wrongfully terminated. It's a wrongful term ONLY if there is a specific law which prohibits the employer from terming you for the reason he did. I very much doubt that the judge used the words, "wrongful termination" or "wrongly terminated". The vast majority of people collecting UI were legally termed.

    So, what was the reason for your termination?

    Severance is not required by law in your state.

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