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Old 08-19-2013, 08:06 PM
 
1 posts, read 3,623 times
Reputation: 10

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Hello
I filed for EDD 7/21 and today I received my letter of denial for benefits. It says I did not explore all reasonable solutions before I quit.

My situation is a bit touchy I agree. I worked full time at my last job for 5 months. It was supposed to be 8-6, M-F but it really ended up being 12 hour shifts, 6 days a week. The job itself was very difficult as I had to keep track of a million things & lift very heavy objects. I was experiencing terrible stress, my injured wrist was worsening (it was hurt long before my employment here, but I never had it looked at by a doctor), and I was having frequent nosebleeds (which is normal for me when I am under extreme pressure). I have no medical records of any of this because I do not have health insurance.

On my phone interview I went in completely unprepared since I didn't know how to. I had left out all info on my health issues on the phone. I told her I voluntarily quit because I could not handle my job conditions any longer. I told the EDD person that I talked to my superiors about readjusting my work conditions to better fit me several times. It didn't help at all. My job performance was suffering, but I never missed work. So after a month of contemplating my next step, I gave my two weeks.

How should I appeal this? and do I even have a chance at winning?

Thank you all for your input.

Last edited by nitesamba; 08-19-2013 at 08:18 PM..
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Old 08-19-2013, 08:50 PM
 
14,508 posts, read 25,918,742 times
Reputation: 2562
You cannot persue a medical quit without a doctor's diagnosis.

If you can prove or at a hearing you can get your employer to testify to what the job was supposed to be, and can show that what was promised was not what you got, and the employer admits that you tried to adjust your grievance, and refused your request, then you'll have a very good chance of getting benefits. However, they won't be awarded to you at the hearing. You'll have to appeal some more.

Generally, quitting for the reason you did is not looked at favorably by most people that deal with the system. However, real judges and lawyer types recognize that even in the absence of a written employment contract that there is a contract nonetheless. You agree to perform tasks for something of value. When those things "change," that is what gives rise to being able to "quit." You're not really quitting when the job changes. You're being discharged from the job you had, and refusing to do the new one.

Knowing the logic and presenting the case in terms of what's CHANGED, gets your case adjudicated as a refusal of work, and that makes everything in your favor. A refusal of work in the early stages of unemployment is a nonissue.
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Old 08-19-2013, 09:10 PM
 
Location: Wisconsin
23,446 posts, read 49,944,752 times
Reputation: 18108
Chyvan has excellent suggestions on how you might approach this.

If you actually had your claim denied, you can appeal and hope you get benefits after purging a possible nonmonetary disqualification:
Quote:
8. Sections 1256/1260(a) - Voluntary Quit (VQ) and Misconduct (MC)
Section 1256 provides:

"An individual is disqualified for unemployment compensation benefits if the director finds that he or she left his or her most recent work voluntarily without good cause or that he or she has been discharged for misconduct connected with his or her most recent work."

Note that only the last employment at the time the claim is filed may result in disqualification. VQ and MC disqualifications are, therefore, issued as of the Sunday of the week in which the disqualifying conditions occur. VQ and MC are two of the four disqualifications that may have an effective date before the effective date of the claim; see also TOX and SW.

Under the provisions of Section 1260(a), once a VQ or MC disqualification is assessed, the claimant must return to work and earn five times his or her weekly benefit amount in bona fide employment and reopen the claim. The disqualification will remain in effect until the requirements have been met.

Miscellaneous MI 35 - Assessing and Removing Non-monetary Disqualifications
Here is CA's section on VQs for Health and Safety Considerations:

Voluntary Quit VQ 235 - Health and Safety Considerations

You may want to explore other sections of the VQ as well.

In there, you may find the correct approach to your appeal. If you can assemble medical evidence, document, or at least list, dates and times of when you attempted to rectify your issues with your employer, you may have a chance at restoring your benefits completely or, otherwise, with a work requirement as per above.

CA ALJ's are more reasonable than most. Send a request for an appeal to CA, saying you disagree with this decision. When you get a written notice from the ALJ on the issues in question, proceed to develop an argument.
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Old 11-12-2013, 05:15 AM
 
2 posts, read 3,838 times
Reputation: 11
I lived in california for TOO LONG, so I feel justified in my response!
The state of california cares SO LITTLE about the people that live and work there! As long as they are getting the money the resident spends on either taxes, vehicle registration, or gas, they are a happy state, BUT, when all that dissappears, they get angry and will do anything to make your life miserable! They would prefer you to work a job that would kill you before they would pay you the UI benefit funds that you paid into!!
I left the state in july and have been fighting with them for UI since then! They don't give one iota of care that I have bills that need to get paid and that because of obamacare, most job sites are wary about hiring right now. Had my vehicle taken back due to not being able to make payments, even tho I requested a couple of months off.
Bottom line is this,.......if you can't put money back into the state, they could care less about you!! Plain & Simple!
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Old 12-28-2013, 12:24 PM
 
1 posts, read 3,176 times
Reputation: 10
Do to a glitch in CA unemployment in september 2013, thousands maybe millions were affected. i kept getting my claims returned to be refilled out, then when filled out i was overpaid one week before my responce could even have been received showing on both claims for same period that i had worked one week. Since then i have recieved letters asking for overpayment to be paid by credit card( I HAVE NO CREDIT CARDS EXEPT MY EDD ATM) but my checks kept having money taken out, well over the $450.00 amount i was over paid. Now that I am at the end of a claim I dont know if there is an extension available? per the EDD site it said unless unemployment in CA was at 9% by dec 2013 (currently reported at 8.5%)
there wouldn't be extensions. I think we all understand once your benefits run out you are still unemployed but no longer considered an unemployment statistic! This sounds extreamly illegal, am I correct? Plus unemployment has obviously laid of half their staff if phone calls to EDD are only from 8:00am to Noon 5 days a week. EDD says these phone operaters are now doing paperwork in the afternoons instead of taking calls(Tis sounds like an out and out lie, unless they laid off the people who normally do that paperwork and have really switched the phone operators to doing paperwork) In a ressesion
or what has become a depression (webster dictionary = a depresion is a ressesion that lasts a long time!!!) First a computer glitch that has many people left unpaid and off the EDD rolls and now a phoney excuse for laying of phone operators to help the unemployed (it is totally impossible to get anyone on the EDD phone lines! Oh and what happened to the state employees that were supposed to do paper work How can people live if they cant eat how can they live without shelter why has everyone in this country been forced into paying into EDD from their paychecks to be bullied by their LAND OF THE FREE !!!! Does anyone know howmany people work at unemployment in CA and how many worked at unemployment in CA one year ago?
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