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I am very grateful I found this forum as it has helped me to not only calm my nerves but to know I'm not the only person in this situation.
Long story short I was in a car accident resulting in whiplash in early March. At that time my job tittle allowed me to sit for extended period of times (this did not aggravate my neck and lower back pain-moving abruptly or consistently standing up or down did). Meanwhile I was going to physical therapy after work for two months until I indefinitely finished treatment (late April).
Come early May I was demoted to a position that consisted of me getting up and sitting down up to 60 times a day, at the end of the day my lower back was throbbing I addressed the office manager who dismissed my request and suggest "I stick it out". After trying to get my point across to the office manager time and time again the last week of May I left. The job was affecting my health not only was I in physical discomfort but also lost weight and a lot of sleep due to the amount of stress contemplating my leave caused.
Next I filed for unemployment-won, employer appealed (lied during appeal hearing) I lost. Meanwhile I am aggressively searching for a new job as this is the last thing I want to do. Can I please have your suggestions as to what to include in the last appeal, I just received the letter today and I am devastated and any suggestions would be appreciated.
The notice of determination and ruling mailed June 20, 2014 is reversed. The claimant is disqualified for benefits under code section 1256. Benefits are denied, until the claimant returns to work and earns five times her weekly benefit amount in bona fide employment and reopens her claim. The employer's reserve account is not subject to benefit changes.
CA didn't send you a letter saying you were denied without an explanation. There is a paragraph or two prior to that which explains the ALJs reasoning. Please post.
It states I left work (quit) without notifying my employer of the uncomfortable working condition. Had my employers known (and he did) he would of made the adequate accommodations. In addition to that the denial letter states I did not seek leave of absence to preserve my job. When in all honesty it was not necessary all I needed was to be switched to a position that required less physical demands.
What evidence of your conversations w/your employer did you present at your appeal hearing. Did you provide specific dates for these conversations???
Also, did you present any medical evidence to your employer on your health issues?
If you are now up against a Board of Review appeal, it is not possible to introduce new evidence.
Surprised at this CA ruling, frankly. Request a leave of absence is a new one. Normally, your efforts to get the employer to adjust job duties should have been sufficient, but clearly ALJ was not convinced you even did that.
Wait for Chvvan - she may have some suggestions for you.
Ariadne22 said to post the WHOLE decision. We mean it. If you went through a hearing, there is a "findings of fact" and a "reasoning and conclusions of law."
The time to have come here was really BEFORE you had the hearing. Once that happened, you're options are limited. You are confined to the testimony that was taken at the hearing. There will be NO new evidence, and the ALJ is the one that determines who is telling the the truth. You might get lucky with the decision and find a glaring error, it happens, but sometimes you have to have the transcripts. Since transcripts take time to order, lets start with the COMPLETE decision that you do have. Start typing it in.
An individual is disqualified for benefits if he or she left his/her most recent work voluntarily without good cause. (Unemployment Insurance Code, section 1256.)
An employers reserve account may be relieved of changes if the claimant left his/her most recent work without good cause. (Unemployment Insurance Code, sections 1030 and 1032.)
There is good cause for voluntarily leaving work where the facts disclose a real, substantial, and compelling reason of such nature as would cause a reasonable person genuinely desirous of retaining employment to take similar action. (Precedent Decision P-B-27.)
In Precedent Decision P-B-8 the claimant quit because of dissatisfaction with a rotating shift, but without complaint to management or any request to be assigned to a different shift or location. The appeals board held that an individual genuinely desirous of retaining employment would of complained, this affording management an opportunity to make an adjustment. The claimant's failure to do so negated good cause which might otherwise have existed for quitting.
Good cause for leaving employment may be negated if the claimant failed to give the employer an opportunity to correct working condition by complaining about the, (Precedent Decision P-B-8.)
In this case, the weight of the evidence establishes that the claimant left work primarily because the work she was doing exacerbated her previous injury. However, the claimant did not take the reasonable steps to preserve her employment. When the claimant left her job, she did not tell the employer her actual reason for leaving. The claimant did not adequately communicate with the employer about her physical condition. The employer was not aware of the extent of the claimants condition because the claimants primary complaints prior to quitting involved the work environment and her relationship with her coworkers, not her physical limitations. The claimant did not explore a leave of absence or any other remedies which would allow her to recover from her injuries and preserve her employment. If the employer had known about the claimants injuries and their extent, the claimant would have been permitted to make a job switch or other accommodation, but the employer was not aware of such limitations and thus was afforded the opportunity to make any accommodation. It is concluded that the claimant lacked good cause for leaving the work. Accordingly, the claimant is disqualified for benefits under section 1256.
The notice of determination and ruling mailed June 20, 2014 is reversed. The claimant is disqualified for benefits under code section 1256. Benefits are denied, until the claimant returns to work and earns five times her weekly benefit amount in bona fide employment and reopens her claim. The employer's reserve account is not subject to benefit changes.
1. my employer was aware of my physical injuries and wrote a letter to my attorney (car accident case) indicating they initially accommodated me.
2. a month after the above letter was written I was moved to a receptionist position where I had to get up walk away from my desk and then return to my desk over 60 times a day. This exacerbated my lower back pain.
My employer was well aware of this and I told him so numerous times but dismissed my request my not showing up to the office (he is married to the owner of the corp.)
3. I was never written up nor did a receive any verbal warnings for my behavior. When I started my position I was bullied by a coworker (I was hired to take over her position) she in turn would literally get in my personal work space and try to tell me what to do or constantly look over my shoulder making work unbearable and now because I went to management I'm getting reprimanded. It's being misunderstood as "problems with my co workers" when I never raised my voice or was unprofessional with anybody.
The problem is that you QUIT. The burden is on you. Did you submit the items mention in #1 at the hearing? Did you testify to the situation in #2? #3 is of concern when you get fired from a job, not when you quit. The ALJ is not a mind reader, and because they've dealt with enough quit cases to know that most are losers, they don't do the best job of adjudicating them. It all comes down to: DID YOU SPEAK UP? Did you present documentary evidence?
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