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Old 05-10-2018, 08:23 AM
 
14,500 posts, read 31,079,420 times
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Quote:
Originally Posted by JGREER9 View Post
any advice on how I should approach applying for benefits would be helpful.
Say you were fired on the UI application, and provide NO reason. Do NOT take any phone calls for a phone interview.

Trust me, you do NOT want to deal with a "quit."

I had a 36 hour per week job with great health insurance benefits, and was being "transferred" into a part-time job with no benefits. I "quit," and spent 11 months appealing and another month waiting on my first UI check. The initial UI workers dealing with my claim thought that I should have been happy with any crap job my employer offered to me.

Your transfer job's not so bad. Let the employer try to "prove" that you quit. I hope you didn't leave a paper trail of "I don't want the new job."

Can My Employer Get Away With This?

This was a "quit" under the rules, but the claimant held fast, and he got benefits because the employer couldn't prove he quit. There was no letter of resignation.

You need to take your story step by step to do what works best for you, and not do anything to make your job harder.

If the Academy can prove you quit, then you can start down the path of the of a quit, but not before.
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Old 05-10-2018, 09:10 AM
 
6 posts, read 2,901 times
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Ok got it. so let's say I provide no reason and don' take the call. When they call the employer and ask why I was fired they will say I declined the transfer. Won't they then default to I quit and then not provide me benefits?
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Old 05-18-2018, 02:53 PM
 
14,500 posts, read 31,079,420 times
Reputation: 2562
Quote:
Originally Posted by JGREER9 View Post
When they call the employer and ask why I was fired they will say I declined the transfer.
You don't know this.

Not too long ago I dealt with a bank teller that was fired for missing money. The employer submitted nothing to EDD in writing, and there were notes in the appeal file that the employer was contacted by an EDD worker three times and the employer never called back or got through.

Had she known about "just say, 'fired,' don't take the call," she'd have been collecting benefits instead of having to appeal and win them because of an employer no-show. She disqualified herself because she TALKED.

STOP assuming that your employer is out to get you or knows what the heck they are doing when it comes to EDD.

You deal with it WHEN it happens, not BEFORE.

Quote:
Originally Posted by JGREER9 View Post
Won't they then default to I quit and then not provide me benefits?
They might, or the UI worker might be claimant friendly and grill the employer about where the letter of resignation is, who did you say, "I quit," to, adjudicate the claim as a termination for not meeting goals, or try to determine if the admin job is crap in comparison to the outreach position.

Just let the process happen, and YOU do what you need to do or not do at each step of the way.

Everything I preach on here is so that you don't have to play "what if," or jump the gun and tip your hand to help your employer defeat you. If you follow the process, you'll KNOW what your employer is doing because you said nothing. You won't have to wonder if it was YOU or the employer that caused problems because you came here BEFORE you applied, and therefore haven't said anything so you'll know from what the decision says where the information came from. When you file an appeal request, you'll know WHO said what from the school, or if maybe the EDD worker made it up. Just because your employer responds to EDD doesn't mean they will make it to your hearing.
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