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Hi all,
I'm new here - I worked for my last employer for over 3 years, but have known the owners and managers of the company for about 10. This is a very highly stressful job and over the last 8 months or so I had been having panic attacks and other health issues - I went to my doctor who put me on an anti depressant/anxiety pill that did somewhat help for about 3 months until I became very ill, ended up being in and out of the office for about 2 weeks and even had to go to the ER. After that I did see a psychologist, but that didn't really do much. I continued to be ill up until even after my wedding in September, and wasn't sure if I would even have a job when I came back. I did call one of my managers on Sunday when I came back and asked if I still even had a job, they basically lied to me and said my health is most important and even though I was doing fine then, that we didn't know what would happen when I came back and to please lay me off/let me go (it was so long ago I can't remember the exact wording) this way and if my health did not get better to please not ever have to fire me, because of our history. Anyway, I had my interview and then found out that they said I quit! A few days after I talked with my managers, they did call and ask for a letter of resignation, I asked if that would effect me getting unemployment and they played dumb. I did not send in a letter and was called by another manager a couple days later yelling and cussing at me for filing, even though I told both of them I was going to? Sorry this is so long.
I received a letter they have received my appeal, but if my argument is good enough would I still have to do the hearing? It's been almost 3 months without pay, I don't think I would even have the gas to get there?!
Any help would be appreciated! Thank you!
Yes, have to attend the appeal. If you are a no-show, your employer wins.
Here is a post from a CA claimant:
Quote:
Originally Posted by thebunny
Most likely they will focus on the quit in there as that is what it sort of is...you quit, you recanted they could not keep you (at least this is what it is from their version). And it happens. I once had an employee quit and we were thrilled as she was an issue from day one. About a week later she tried to take back the quit and we refused to allow it. That does not make it a termination as the "moving party" who put the whole thing in motion is still you.
I would shore up the just cause. The "reasonable person" is the legal bar....it is what a reasonable person in the same or similar circumstances would have done. What you need to do, and must do to win, is to convince the person hearing the case that you did what a reasonable person would do.
In my case, I won when I told the interviewer that the job was starting to threaten my health and was able to provide specifics. A reasonable person quits a job that threatens their health.
Read the entire thread. There are similarities to your situation.
Health can be a mitigating factor, but you need to plead your health issues. Even if EDD says you quit, the quit can be justified due to your health issues.
If you can't attend the hearing, call CA. Perhaps they can arrange for you to attend by telephone.
Thank you for the help. Just to be clear, even though they laid me off due to my health issues, it still is the same as me quitting? I was going to the doctor, ER, and psychologist all during this time and they were always left in the loop... Again, thank you!
i would not walk in with a straight face to unemployment and tell them i gave them the option of laying me off since i was mentally stressed from them than went away for my wedding but i still wanted to be eligible for unemployment benefits. if its really a health problem you have to go in there really proving that strongly. your boss can say she was getting ready for her wedding and really did not care about work at the time.
also being in the loop and needing to run a business is to different things. i would bring everything i had to show i had a real illness and hope they see it your way.
Thank you for the help. Just to be clear, even though they laid me off due to my health issues, it still is the same as me quitting? I was going to the doctor, ER, and psychologist all during this time and they were always left in the loop... Again, thank you!
So, what is it? Per this, their position is that you had quit:
Quote:
Anyway, I had my interview and then found out that they said I quit!
Are they now saying they laid you off? Either way, if they laid you off or you quit b/c of stress/health, you win.
I had a conversation with one of my managers on Sunday and one on Monday. On Sunday they had said, your health is most important to us we love you, let's lay you off/let you go this way (over the phone), please don't ever make us have to fire you (meaning if I did not get better) or so I thought. On Monday they said, yes your health is most important, if you get well and want to come back you are always welcome or if a less stressful job comes up we will call you right away. I told them both that unemployment will not come close to paying my bills, however if I can get better and come back or find a less stressful job, it would be worth it. There was no issue until I actually did file for unemployment, a couple days later, everything changed! I have several ideas why it changed after 3 days, but that is only speculation.
you have to prove you were ill to unemployment end of story. i am not sure what you think your employer should of done they were in a no win spot. that's really the answer and i don't think your a bad person or they are a bad company.
You don't really have to "prove" it. Now, if you have documentation, bring it as it will not hurt. But, you will be under oath. I quit, told the claims interviewer that the job was effecting my health, and was awarded benefits on the initial phone call. They never asked for any documentation. I did offer to send documentation but they never requested it. The appeal process will be similar as to the proof required. Stress the heck out of the damage it was doing to your health. You are in good shape on this one.
They definitely were not in a good position, that's why I didn't put up a fight, like I guess I should have thinking back and made them fire me if my health didn't get better. I'm just upset at the way everything was handled after the initial conversations, I thought I knew these people and considered them friends/family. Thank you all for the help, it's seriously appreciated!
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