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I live in CA and just received my notice of determination disqualifying me for benefits under section 1256.
I work in food production and in the last three years had a flex schedule. I would come in any where between 2 to 5am and had Fridays work from home. During summer, they asked me to do graveyard shifts and I did. In March, I went on Disability because I had a baby. I used my disability, fmla and vaca/sick time to stay home as long as possible. My boss is an old school single mom (her daughter is grown now), but always commented on how ridiculous it was taking so much time off to have a baby as well as my working from home on Fridays (not documented of course).
I returned back to work in July, after trying to reason with my two bosses to let me come back part time. They told me no they needed someone coming in from 4am-12:30, no flex schedule. I told them from the get go that would be a big challenge for me, as I have two kids now. When I got back, my working enviroment/condition changed as well. I am the only person in QA and none of the GMPs/SOPs were being followed. There were many emails sent back and forth my concern of the quality and safety of the FOOD we were sending out.
Also, my (lady) boss had begun to create a hostile type work environment. She talked about how dirty long hair looked (my hair had grown really long) until I cut it off finally after all of her comments. As well as told me to stop "bitching" about my schedule.
THEN, they decided to ask me to take over ALL of purchasing since our purchasing manager was going out on leave. I was put in charge of ordering 30k in food a week, and was not even trained for a minute on how to do it.
After all the job stressors, I had an anxiety attack one day and called in sick. I went that day to the doctors. He referred me to the psychiatry dept, and I started seeing a counselor weekly. After a few sessions, she advised me for my health to quit.
I wrote in my resignation letter the a fore mentioned reasons to my quitting (aside from the hostile conditions). The interview did not go well. The interviewer told me my previous employer sent "a books worth of information" to why I left on personal reasons. She told me it did not look in my favor. I then faxed edd 60 pages of information pertaining to drs notes, emails of my concerns in food/public safety, as well as changes in my roles and schedule.
I already found a new job, but was out for 7 weeks. As of right now, this is PERSONAL. My question is: How do I win this appeal?? Why was I disqualified and what can I do now? Please help ANY advice would be great. THank you!!!
The reason you're disqualified is supposed to be in the letter you received. It'll say something like "you object to the way food was prepared. You didn't give your employer a chance to fix things. You're disqualified under (insert law section here). . . " This is always the place to start.
When you appeal, you don't have much time, and I suspect you're not ready for an appeal. So wait until the last minute to file, but do NOT be late. Just put, "the determination dated MM/DD/YY is wrong. I want an appeal hearing scheduled."
Also, you have to shrink this story down. Unemployment is about what happened towards when you quit, and why. Your letter of resignation will be used against you. If you said something like, "I loved working here, but my life has gone in a different direction, and my last day will be," you're going to lose, because that's not the letter of good cause quitter, and it will allow an ALJ to believe that you didn't give the employer a chance to fix anything.
So why don't you start by typing in the FULL decision from EDD and what your letter of resignation looked like.
"You quit your last job with xxx because the conditions of employment were modified. After considering available information, the department finds that you do not meet the legal requirements for payment of benefits. Section 1256 provides- an individual is disqualified if the department finds he voluntarily quit his most recent work without good cause or was discharged for misconduct from his most recent work. Section 1260a provides- an individual disqualified under section 1256 is disqualified until he/she, subsequent to the disqualifying act, performs services in bona fide employment for which he/she remuneration equal to or in excess of five times his or her weekly benefit amount"
my resignation letter:
"Due to significant changes in my schedule and responsibilities upon my return from maternity leave, I regretfully am unable to continue to be employed by xxx. After I enacted several attempts to remedy the solution (request for part time, request to return to flex schedule, request to use family leave intermittently, request for transfer), xxx was unable to grant the necessary accommodations that would prevent my workplace hardships. I was hired on 9-27-2010 at 5 days a week for 25 hours. On 6-28-2011, I was made full time with the availability of a flex schedule. When I returned from my maternity leave on 7-22-2013, I was told management would now dictate my fixed schedule from 4am to 12:30. It was unexpected, and I had to make accommodations for my infant son that I did not originally intend before my leave, such as my son's dad rearranging his entire work schedule to make sure he is available for child care until I get home. I have exhausted all possible steps on my own to remedy the scheduling/child care issues, but I am unable to get outside childcare at 3am to make sure someone is there and alert enough to take over while I leave to go to work and make it on time.
Further, it has been almost one month since management made clear via email they were unhappy with my work performance. I requested on Sept 6th to sit down and discuss any of my weaknesses and how it relates to the roles/responsibilities of my job as a QA coordinator. To date, I am still confused at what is expected of me in this position. I went to HR on Sept 27th to acknowledge how the environment has negatively impacted me and my ability to complete my job tasks. I have yet been asked to sit down and review or create resolution to this matter. I have been told to make my new schedule work or there will be repercussions. The work conditions has become so stressful that my health is being impacted on a daily basis. I have discussed these stressors with management and HR, and have even sought medical counseling to deal with it. I have been advised that in relation to my health conditions to remove myself from the stressful work environment.
Please note, I am so grateful for the opportunities and experience xxx has given me in the last three years. I deeply value our past relationship and do not wish to sever any ties. The company went through major growth and changes while I was on leave, and in the process my role was greatly impacted. At this point, I feel as if there is no other choice for me. My last day will be October 15th, 2013"
I had added the last paragraph and did not include any damaging information pertinent to the company's/my bosses reputation because I had hoped they would be as amicable as possible when I left (i.e. not contest unemployment). However, the next day they had my checks ready til the 15th and told me to go home (it was only the 2nd). EDD/my old company are focusing on the child care issue, when really there were SO many factors in the horrible working conditions. I was being lied to, discriminated against, and talked about with out communicating directly to me.
Also, should I add I got a letter to get an interview the same day I got the determination letter (today). They are going to ask me questions on the 19th pertaining to me looking for work, what types of jobs and my availability. However, I have only received one certification of searching for work notice. So I think I am behind by two or three of them. I am puzzled by this.
Also, should I add I got a letter to get an interview the same day I got the determination letter (today). They are going to ask me questions on the 19th pertaining to me looking for work, what types of jobs and my availability. However, I have only received one certification of searching for work notice. So I think I am behind by two or three of them. I am puzzled by this.
As to this, you did make medical and child care an issue, so you have to deal with it. When you make medical an issue, you have to be too sick to do the job you had, but not to sick to do any job. Since you are back to work already, that shows you're not too sick to work even without a doctor's note, so you're covered there. Also, being back to work shows that the child care isn't an issue any more either.
Regarding the "hope they wouldn't contest." They didn't have to contest. You'd have still been denied. You'd have been denied because you quit, and you didn't get any help BEFORE you quit so that you'd do it right, and even if you quit correctly, deputies always seem to deny in these cases and leave it up to the AJLs in a hearing.
You do have some things that could be good cause in your post, but you threw so much into it that it's really tough to figure out which direction to go at the hearing.
I went through a "change in working conditions." Be thankful that EDD picked up on that because a change in working conditions is one of the easier items to use to establish good cause.
Having read your original posting and your letter of resignation the most glaring omission is the purchasing duties. The system recognizes that an administrative assisstant can't be forced to accept a job as the toilet cleaner. While an extreme example, the same theory might apply to your job as a QA person has no purchasing duties in a job that you'd normally do.
You also have to understand that the employer doesn't have to accommodate YOUR work schedule requests. However, if you had a perfect schedule, and THEY changed them, then you get to complain about it. While reading these, I walked away with the feeling that your new child motivated you wanting a new schedule, but I think there may be some truth that the employer made changes, and you need to be able to communicate that and prove it.
So let's just work on those two things, and let the medical issue die. I don't like medical issues because too frequently they result in "you're eligible, but then you're not eligible because you're not able and available due to your illness" decisions.
They will help you understand what counts, and what is fluff so that you can target your argument in less than a paragraph, and that you can prove it with about 5 pages of documents instead of the 60 you've already sent to EDD.
Thank you SO much Chyvan. I will definitely read these tonight.
I know there are a lot of issues, and honestly if I had just ONE of these issues with the company I wouldn't have quit. However, with all the stressors added together I really felt so overwhelmed and couldn't handle the job any more. :/ Even if I don't qualify for the appeal, I have to say I am still happy I quit because it became the worst working environment I have ever encountered.
It only takes one correct reason to get UI. If you don't quit for that reason when you have the chance, all the other stuff doesn't work in a cumulative fashion. Each change that goes by that you "accept" by continuing to work there becomes a lost argument. Then there is that "last straw," and quite often it's petty. Had you known, you'd have bailed sooner. The reason you don't want to let them compound is that once you start accepting them, the employer never stops. People that say, "that's not my job," are the ones that get UI even though they are looked on as terrible, nonteamplayer employees.
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