Winning an Unemployment Appeal? (EDD, appeals, report, employers)

[DBHSMH]

I am in a very similar situation. I was approved for unemployment after a phone call from the UI office. Now my former employer is appealing it. The bad thing is that I was terminated for one reason, and now that I was granted unemployment benefits my employer has come up with another one. It's like they are digging around grasping for things. Is this fair and what do I do now? I'm really worried that I will have to repay the money I alreay received. I have two small children and it's Christmas time. I am very worried. My supervisor and I never got along. I called him a name on the social networking site Facebook and somehow my employer has that against me. I know it was stupid, but I was very frustrated that day.

[kodaka]

I shouldn't have read this.

My appeal hearing is Tuesday. My circumstances are a bit different though. I'm appealing the Unemployment Benefits office decision to deny benefits, which they did based on my income.

I was approved for initial benefits, when that expired, they suddenly claimed I didn't earn enough income to qualify for extended benefits. I've submitted my evidence of income ~15k per quarter for the past 5 quarters. And submitted evidence that after I was denied, I spoke to the Director who confirmed that they did have records on all of my income and that she was re-starting my claim. I can see when I try to file for weekly benefits that my claim is now 'in process'. I've spoken to the Director several times since then and each time she has confirmed that the claim is in process but not finished.

I'm still afraid at what excuses they might come up with at the hearing.

[thomas22]

i was at my job for 6 years never had a warning never been sent home i worked at a machine shop. so one day my boss came up to me and fired me he told unemployment i spoke out in a meeting and month b4 made 20k of bad parts, so i had my hearing he sent the girl who he put in charge thats who he said i spoke out in meeting about. so judge asked her if i ever had warning in 6 years she said no she didnt bring handbook and judge asked her what happened in meeting and she told judge she wasnt in the meeting so she was going off hearsay, so with her have 0 evidence at hearing will i get my unemployment im going on 15 weeks of not getting anything????

[Movieman91]

I'm doing my 1st apeal. I was denied unemployment because the State of Michigan said I quit without good cause. I quit because my employer said that if I quit, they wouldn't fight my unemployment and if I didn't quit, they were going to terminate me for "At-Will". My employer said they didn't fight it, but then State denied it.Now I have a letter from my employer stating that I was given the option to quit or be terminated for At-Will. Is this enough to win my appeal? If not, what else should I do?

[MisterEd]

Originally Posted by Movieman91

I'm doing my 1st apeal. I was denied unemployment because the State of Michigan said I quit without good cause. I quit because my employer said that if I quit, they wouldn't fight my unemployment and if I didn't quit, they were going to terminate me for "At-Will". My employer said they didn't fight it, but then State denied it.Now I have a letter from my employer stating that I was given the option to quit or be terminated for At-Will. Is this enough to win my appeal? If not, what else should I do?

Sounds like your employer scammed you because if you quit (without reason) you can't collect and I'm sure he knew that. I'm no lawyer but it sure sounds like that letter would help. Tell the hearing exactly that and and show them the letter.

[kodaka]

For both thomas22 and movieman91:

In an appeal, the burden of proof is on you, not the employer. The role of the employer or benefits office is simply to discredit your evidence.

In the case of speaking out at a meeting, you might present meeting notes from prior meetings that record that you had spoken at those meetings and that action had not been considered negative. You might also bring a copy of your job description which states that part of your job was to be an active voice for your department or about a particular subject.

In the case of being given a choice of quit or be fired, the letter you have from your employer would likely be your evidence, and it would be pretty strong. Assuming the letter doesn't state you were fired for poor performance or other act that was within your control.

Best of luck to all.

[mrsrodriguez101]

I resigned in lieu of tremination for in essence logging onto facebook on my cell when they say I was still working.I applied for benefits and was denied because they considered it being fired.Appealed and won because the commission said I was at the end of my shift and my employer had no rules on social networking sites.I recieved my money then my employer appealed and now I habe recieved a letter stating I owe $4854.I have appealed which would be my second appeal having won the first one.I sent my excellent work evaluations and proof that this is a rampant practice at my ex-employers and proof I was supposed to be off.What are the odds I will win?

[loneleigh]

Not sure about that but, I won my appeal and then the EDD appealed the appeal....Today i received my decision which states I won...so is that it?
I can finally get my claim? Or do you think I will get same ole bullsh*t again? This has been delayed it 6 months now!!

[bettebup47]

Originally Posted by loneleigh

Not sure about that but, I won my appeal and then the EDD appealed the appeal....Today i received my decision which states I won...so is that it?
I can finally get my claim? Or do you think I will get same ole bullsh*t again? This has been delayed it 6 months now!!

I believe that is it. I believe they can only appeal an appealed decision once.
I base that on my own experience having won an appeal. I won by default (they didn't show up) but they had an option to appeal that decision which they did not.
If I remember, it was a one shot deal for them to appeal the decision.

They can not just continue on just because they disagree. Find out. Call the the place you received your decision from. That will solve the mystery right then and there.

[loneleigh]

Thanks again for your reply. If I had lost, I would have the right to a writ of mandate. So I was just wondering if they have the same?? I will call on Monday to the CA appeals board.