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Was Discharged from Employer for "Excessive Absenteeism"
I'm a single father of 2 minor children who's family vehicle broke down and needs a new engine ($1,900), not having the money and the children's school being so remote and not accessible by Trolley or Bus I had to call of work because of Inadequete Child Care, I exerted many options such as attempting to secure a car pool, asked for a Leave of Absence, offered to perform duties from home, even set up a GO FUND Me Campaign, no luck on obtaining new engine so Employer ended our relationship after 6 days of me not being able to come into work for "COMPELLING REASONS" i.e family vehicle break down, no way to transfer jobs or afford taxi. My defense is not being able to work due to compelling reasons and inadequete child care. I had my phone interview today with a real winner at EDD and hate when your fate is in there hands, can anyone or two out there READ this story and advise. Thank you in advance as my two children and I can really use the UE Benefits versus what SD County can do for a family in need...
You should have gotten help BEFORE you even applied. At this point, your story is full of admissions and excuses and even if you did get a pass on the "separation," you'd get nailed by "able & available." At this point, you need to wait for your determination to come in the mail. Then type in ALL the words, and what you said when you applied on your application for UI, and we'll begin to work on an appeal strategy. Please, stop doing this on your own because you're digging a hole you might not be able to get out of.
You should have gotten help BEFORE you even applied. At this point, your story is full of admissions and excuses and even if you did get a pass on the "separation," you'd get nailed by "able & available." At this point, you need to wait for your determination to come in the mail. Then type in ALL the words, and what you said when you applied on your application for UI, and we'll begin to work on an appeal strategy. Please, stop doing this on your own because you're digging a hole you might not be able to get out of.
Real Life Excuses, not sure on able and available if I have to care for my minor children.
I told the interviewer I was ABLE and AVAILABLE for work now which is true if I find employment along Bus/Trolley lines, my issue was the kids school being so remote and not being able to take them to school when our car broke down and no feasible way to get kids to school aka care, now it's summer time so If I so happen to find work I get back on the phone with my childcare resource manager and I get my kids to a summer camp, no more issue on ABLE and AVAILABLE because that remote school has been taken out of the equation..
The UI system doesn't care about your kids. If you don't have childcare and can't hold a job because of it, you will be disqualified until you fix that problem. You have a mistaken belief of how the UI system works like so many other people do. It's because of your faulty beliefs you handled things all wrong.
It doesn't matter that you were applying for assistance. You should have gotten help because once you start writing things on that app, you can't take them back. You might be able to insert some verbal statements later to change the character to comport better with a senario that warrants benefits, but you can't outright say, "that's not what I said," because they have it in writing.
Perfect example: We had a poster that "quit because of childcare," so she thought. She received a disqualification for "not having adequate childcare." After examining what really happened, it turns out the employer wanted her to go from LA to Portland and work staying over two to three nights per week. Had she told her story correctly the first time, she wouldn't have had to deal with an appeal and would have gotten benefits sooner. However, she said things wrong, but was still able to fix them on appeal by fleshing out the story once she knew what REALLY mattered.
The UI system didn't care about her kids, but they sure took exception with an employer CHANGING the employee's prior work location from 10 minutes from her house to one in another state 3 to 4 days per week.
There's people that quit their jobs because they are being "harassed," but they really quit because of a 20% or more pay cut and a demotion, but they don't say that probably because they don't think it counts and makes them sound greedy, but that is EXACTLY what they should have said.
The UI system doesn't care about your kids. If you don't have childcare and can't hold a job because of it, you will be disqualified until you fix that problem. You have a mistaken belief of how the UI system works like so many other people do. It's because of your faulty beliefs you handled things all wrong.
It doesn't matter that you were applying for assistance. You should have gotten help because once you start writing things on that app, you can't take them back. You might be able to insert some verbal statements later to change the character to comport better with a senario that warrants benefits, but you can't outright say, "that's not what I said," because they have it in writing.
Perfect example: We had a poster that "quit because of childcare," so she thought. She received a disqualification for "not having adequate childcare." After examining what really happened, it turns out the employer wanted her to go from LA to Portland and work staying over two to three nights per week. Had she told her story correctly the first time, she wouldn't have had to deal with an appeal and would have gotten benefits sooner. However, she said things wrong, but was still able to fix them on appeal by fleshing out the story once she knew what REALLY mattered.
The UI system didn't care about her kids, but they sure took exception with an employer CHANGING the employee's prior work location from 10 minutes from her house to one in another state 3 to 4 days per week.
There's people that quit their jobs because they are being "harassed," but they really quit because of a 20% or more pay cut and a demotion, but they don't say that probably because they don't think it counts and makes them sound greedy, but that is EXACTLY what they should have said.
What should have I wrote on that app? I'm not even trying to go down this route myself as it's ****ty.
You're putting the cart before the horse. You still have to pass the separation issue, and you can tell them how able and available you are, and they don't have to believe it. You have to PROVE it in cases like this.
Just wait on the determination because after that interview, there won't be another one, and you have to live with the outcome until you can submit your appeal REQUEST, but please don't just send one in and then tell us about it after the fact because then you'll probably mess that up.
You are getting a denial from the interviewer, for sure.
When you receive that request an appeal by returning form "I disagree with this decision. I request an appeal."
Lack of transportation is NOT a compelling reason.
Lack of child care is NOT a compelling reason.
Both are personal reasons and NOT the fault of the employer.
Lack of BOTH renders you NOT Able and Available.
You need to cure BOTH issues and present a convincing case at your appeal, or CA will continue to refuse to pay benefits.
My issue of having the children in a remote school is cured because I have now enrolled them in my neighborhood school that doesnt start till sept of 2015, summer time now, so If I find work using public transportation I can enroll my children in the Y camp which is walkable.
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