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Old 11-20-2018, 12:10 AM
 
1 posts, read 736 times
Reputation: 10

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Hi. I am scheduled for a hearing next week in CA after being denied due to voluntary quit without a good cause as stated on my notice of determination. A brief background about my case, I worked as a medical office manager and went on maternity leave several months ago. I informed my boss of my work return date thru email and she responded that she needed to see me first before coming back to work due to some changes at the office. Turned out, my work hours had been changed from 8hrs a day to 5.5 hrs a day and my job duties changed as well. My ex-boss said that during my leave, she liked running the office on her own so she would continue with it. She then offered me a sales and documentation job in exchange for my original position. No training was offered for the sales part of the job. The change in work hours and job duties seem substantial enough reason for me to quit due to a good cause. I trained under probation for 3 months for the position of office manager so the change in job duties after a medical leave is a huge change for me.
My hearing is next week and I’m assuming my employer won’t be there. I’m pretty sure it’s EDD which found me ineligible based from my reason, quit.
I am asking for advice on how to approach my hearing. Since my coming back to my original position was verbal, there are no documents for me to show except some emails of me sending a copy of my medical certificate frok my OB signing me off until further notice, then me informing my employer the date I was coming back to work and her reply to that saying she needed to meet me first prior to reporting for work and that the work hours and schedule had been changed. Work hours lessened from 8hrs/day to 5.5hrs/day. Another email of me asking when I could meet my employer so we could talk about the changes she made while I was gone.Other than those email threads, I have nothing to show. Please advise. Thanks in advance.
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Old 11-20-2018, 04:34 AM
 
140 posts, read 255,340 times
Reputation: 511
Quote:
Originally Posted by Zentea View Post
Hi. I am scheduled for a hearing next week in CA after being denied due to voluntary quit without a good cause as stated on my notice of determination. A brief background about my case, I worked as a medical office manager and went on maternity leave several months ago. I informed my boss of my work return date thru email and she responded that she needed to see me first before coming back to work due to some changes at the office. Turned out, my work hours had been changed from 8hrs a day to 5.5 hrs a day and my job duties changed as well. My ex-boss said that during my leave, she liked running the office on her own so she would continue with it. She then offered me a sales and documentation job in exchange for my original position. No training was offered for the sales part of the job. The change in work hours and job duties seem substantial enough reason for me to quit due to a good cause. I trained under probation for 3 months for the position of office manager so the change in job duties after a medical leave is a huge change for me.
My hearing is next week and I’m assuming my employer won’t be there. I’m pretty sure it’s EDD which found me ineligible based from my reason, quit.
I am asking for advice on how to approach my hearing. Since my coming back to my original position was verbal, there are no documents for me to show except some emails of me sending a copy of my medical certificate frok my OB signing me off until further notice, then me informing my employer the date I was coming back to work and her reply to that saying she needed to meet me first prior to reporting for work and that the work hours and schedule had been changed. Work hours lessened from 8hrs/day to 5.5hrs/day. Another email of me asking when I could meet my employer so we could talk about the changes she made while I was gone.Other than those email threads, I have nothing to show. Please advise. Thanks in advance.
I know this is a really difficult time for you, so let me say I'm sorry for that. I'm not an EDD expert by any means, but I did live in California for over 40 years. I received unemployment once after a layoff when I was about 23 years old. When I was 28, I had a medical reason for leaving my waitress/server job, and when I wanted to return they told me they only had a hostess position open. Of course, the latter meant NO TIPS, which is basically what paid my bills. There was no way that "hostess" was a similarly paid position to a server position, so I declined it. When I applied for unemployment, I was denied, of course - they stated I was offered a "similar" position. I appealed the decision but to no avail. They pretty much figure you should take ANY job you are offered, rather than them having to pay you to not work. I understand where you're coming from completely - your boss did you dirty by completely changing your hours and your job duties. But EDD will look at it from the logical point of view and not the technical point of view - you were offered a job and you did not take it. I think that may be an instant denial.

That said, you should always stand up for what you believe is right.

A hearing can be a little intimidating - you can't have any legal representation. All you can do is present your facts as you know them to be. Documentation is good but not required. Try to be calm - and if you're emotional try not to cry. Be strong - state the facts - and see what happens. It's really all you can do.

Best of luck to you in this difficult time.
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Old 11-20-2018, 06:02 AM
 
Location: Winston-Salem
4,218 posts, read 8,532,029 times
Reputation: 4494
If your hearing is in California, this thread needs to be in either the California forum or an employment forum.
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