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Old 07-15-2018, 10:37 AM
 
5 posts, read 3,611 times
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Hello all, I have a question concerning my California unemployment. I applied for unemployment the week of 6/18/18. A little back story, I've been work at my job for 3 years. I went on maternity leave the last week of Dec. After my maternity and FMLA ran out I planned to return back to work. The week of May 20ish I get a call to provide a back to work letter from my Dr. I faxed it the Thursday and I was due to go back the following Monday. On Friday I called to confirm they received it. They said they did but i wasnt able to use that note. After calling my H.R rep they said the note was acceptable. So, I called to confirm my start date was that Monday. They said I wasn't on the scedule and couldn't come in. After calling for a week I was due to be put on the schedule 2 weeks later on June 10th. In the meantime my car broke down. Come to find out in was the head gasket. I tried to get a ride share that the job provides. But I wouldn't be able to get to it on time. It leaves at 0545 in the morning and public transportation doesn't start until 0630 here. Also, that ride share wouldn't get back until 2030 at night and my shift is over at 1530. I couldn't sit around that long due to childcare reasons. I wouldn't have childcare past 1700. I tried to do a personal ride share with some coworkers but was unable to do that as well. So, I ended up resigning. I decided to try for unemployment, I was sent an award letter and also was set up for a phone interview. Later that week my job sent me a form saying that I had "Leave with pay" so I contacted them and they said oh, that's just for your records. The leave was from 5/14/18 until 6/18/18 my official last day of work. During the phone interview I informed the guy that I didn't have a way to work. I live 38 miles away from work in the desert area so sort of isolated. I also said that they wouldn't put me on the schedule for two weeks. He said well why would they send you a letter of leave with pay letter. I said I didn't know because I was still being covered under fmla for two of those weeks. He also mentioned that in my resignation letter I mentioned moving due to relocation. So, after the phone interview was done about 30 mins later I checked ui benefits online. My status went from pending to disqualification. For the previous weeks. I figured I wasn't granted unemployment. So a week later I get an email saying I have weeks available to certify for. So I go on the unemployment website and it allows me to certify. Then it automatically says disqualification for the weeks it just allowed me to certify for. Is, that normal? I still haven't received a letter stating why I was disqualified. Just wondering why it will still let me certify then immediately disqualify me.
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Old 07-15-2018, 02:12 PM
 
819 posts, read 571,318 times
Reputation: 145
You continue to certify in case you appeal (and win). If you are going to appeal, you want to keep certifying each week. If you win the appeal (which is probably VERY iffy) you would get back pay for those weeks.

From what I read, it looks like you resigned before you were even officially back on the schedule?

The case does not look good to me. Transportation and child care issues are understandable reasons to quit a job; but quitting for those reasons is not good to get unemployment.

Hopefully, you will be able to find something closer to home in the near future.
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Old 07-15-2018, 02:49 PM
 
14,500 posts, read 31,051,853 times
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Quote:
Originally Posted by janja1 View Post
Transportation and child care issues are understandable reasons to quit a job;
In CA, childcare is an ok reason, but this person talked too much.

With child care, you'll get a good cause quit followed by an able and available disqualification. If she gets childcare, she can reopen her claim and collect on a going forward basis.

She has the potential to fix the story, but it's still iffy:

It looks like there is:

Quit to relocate
Quit because of transportation
Quit because of childcare
Maybe even a firing because of an indefinite lay off (which is what I'd latch on to)

OP, when you get your denial letter, type it in, and let's see if an appeal makes sense when you outline all that you said that was way more than you should have said.
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Old 07-30-2018, 01:04 AM
 
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I got denied the reason was because there was no good cause. They put that I quit because of job offer. Which I did not.
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Old 07-30-2018, 01:06 AM
 
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I agree I was talking to much.
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Old 07-30-2018, 03:58 AM
 
819 posts, read 571,318 times
Reputation: 145
Quote:
Originally Posted by Chyvan View Post
In CA, childcare is an ok reason, but this person talked too much.

With child care, you'll get a good cause quit followed by an able and available disqualification. If she gets childcare, she can reopen her claim and collect on a going forward basis.

She has the potential to fix the story, but it's still iffy:

It looks like there is:

Quit to relocate
Quit because of transportation
Quit because of childcare

Maybe even a firing because of an indefinite lay off (which is what I'd latch on to)

OP, when you get your denial letter, type it in, and let's see if an appeal makes sense when you outline all that you said that was way more than you should have said.
In this case, it seems like the childcare and transportation were intertwined - Transportation in and of itself was not a problem, but became a problem because of childcare.

So if childcare is good cause - that should help? (i.e. that the client could get transportation, just not transportation that worked with childcare hours).
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Old 07-30-2018, 04:00 AM
 
819 posts, read 571,318 times
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Quote:
Originally Posted by jsears909 View Post
He also mentioned that in my resignation letter I mentioned moving due to relocation.
Does Unemployment have a copy of your resignation letter?
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Old 07-30-2018, 04:02 AM
 
819 posts, read 571,318 times
Reputation: 145
Quote:
Originally Posted by jsears909 View Post
I got denied the reason was because there was no good cause. They put that I quit because of job offer. Which I did not.
Ask for a hearing.
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Old 07-30-2018, 06:55 AM
 
14,500 posts, read 31,051,853 times
Reputation: 2562
Why do you immediately want to latch on the most difficult to prove things and go for the good cause quit?

Quote:
Originally Posted by jsears909 View Post
calling my H.R rep they said the note was acceptable. So, I called to confirm my start date was that Monday. They said I wasn't on the scedule and couldn't come in. After calling for a week I was due to be put on the schedule 2 weeks later on June 10th.
This is your story.

You were FIRED. You were fired when you tried to return from maternity leave and they didn't let you. When you come off maternity leave, and the employer doesn't put you back to work immediately that is you being fired. This, it took two weeks stuff doesn't matter. Had you known, you'd have filed for UI when they didn't put you back to work and before all these other things happened.

THIS IS WHERE YOU START.

Everything that came after you were fired is irrelevant.

Now, WHAT have you done to dig yourself a hole so you can get out of it.

For the appeal REQUEST, "the determination dated mm/dd/yy is wrong. I want an appeal hearing scheduled," is all you submit.

Then when you do the hearing, you focus only one everything you did right up until you employer didn't put you back to work, and then you stop. From this story, you were fired May 28. All your other issues happened AFTER May 28, and they had nothing to do with why you were fired.
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Old 07-30-2018, 09:33 AM
 
5 posts, read 3,611 times
Reputation: 10
Chyvan, I will focus on that because that is truly what happened. I called to copies of the schedule and my new boss and her boss have both been terminated. So, I'm still unable to get my copies of the schedule
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