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I was working full-time as an MA in a doctor's office. After working for about 5 months, I began nursing school as a full-time student. My schedule was going to be more limited, and I had let them know prior to beginning the semester. I asked the supervisor how flexible they are with scheduling, since the schedule for nursing school can change some weeks. She said it would be fine, and to just send them my schedule. I send them my entire schedule for the whole semester, with exact days and times that I am available.
About 1-2 months into the semester, my manager stopped scheduling me without telling me anything. At this time, she had also hired 2 new employees. After 2 weeks of not scheduling me, they asked me to come in. They were letting me go due to my availability. They prepared a resignation letter as if I had written it, and asked me to sign it. They stated that this would look better than being fired. I refused because I knew that resigning would make me ineligible for UI.
I filed for UI, and my employer appealed. EDD sent me a notice of determination/ruling stating that I am not qualified to receive UI due to being discharged for unsatisfactory job performance. They do have me on record for an "untimely call out", which I signed a warning notice for (2 months before I stopped working). If I recall correctly, the warning notice stated that any further instances may lead to termination. There were no further instances. I have the option to appeal, but not sure if I can win this appeal. I was wondering if my limited availability would even be considered as unsatisfactory job performance? Or if I would even be eligible for UI since I need to be available for full-time work? Can they use other tactics against me saying that I am constantly tardy?
If I do submit the written appeal, is it possible to win through the written appeal? Or does it always need to go through a court hearing? Should I be detailed or brief in the appeal? This is the first time I have ever filed for UI, so I don't know much about how the process works. Any help would be appreciated. Thanks!
Don't throw words around when you don't know what they mean. Your employer did NOT appeal.
I know this because
Quote:
Originally Posted by lhtx3
EDD sent me a notice of determination/ruling stating that I am not qualified to receive UI due to being discharged for unsatisfactory job performance.
EDD doesn't write "appeal" decisions. They issue initial determinations. If your employer had actually appealed, and you got a decision from an ALJ, your chances of getting UI would be sunk.
Quote:
Originally Posted by lhtx3
They do have me on record for an "untimely call out", which I signed a warning notice for (2 months before I stopped working). If I recall correctly, the warning notice stated that any further instances may lead to termination. There were no further instances.
You won't know the REAL reason until you submit an appeal REQUEST, and get access to the hearing file/packet.
Quote:
Originally Posted by lhtx3
I have the option to appeal, but not sure if I can win this appeal.
Just submit an appeal REQUEST. "The determination dated mm/dd/yy is wrong. I want an appeal hearing scheduled." Do NOT modify my words to make it sound nicer. Your employer gets a copy, and you want them to think you don't stand a chance with an appeal written like that so they are less inclined to come to the hearing.
Quote:
Originally Posted by lhtx3
I was wondering if my limited availability would even be considered as unsatisfactory job performance? Or if I would even be eligible for UI since I need to be available for full-time work? Can they use other tactics against me saying that I am constantly tardy?
We'll deal with this AFTER you get the hearing file.
Quote:
Originally Posted by lhtx3
If I do submit the written appeal, is it possible to win through the written appeal? Or does it always need to go through a court hearing? Should I be detailed or brief in the appeal?
It's an appeal REQUEST. You will never win because of anything you write. You will have a hearing.
To get a headstart, WHAT have you written on your UI application? WHAT did you say in your phone interview? How damning a story have YOU already told to the UI people?
Also, were you full- or part-time during most of your employment in your BASE period (the time frame represented in your award letter), not just on this job?
I see, so does this just mean that my employer stated I had unsatisfactory job performance? On my UI application, I believe I chose 'lack of work' as the reason for being terminated. On the day I was fired, she stated that because of my schedule, there were no tasks they could assign me to. I was looking through this forum for advice on the phone interview, and found that it was best to skip it since it can be used against me. I was full-time during most of my base period. Sorry if I'm using words in the wrong context! I am extremely new to this.
so does this just mean that my employer stated I had unsatisfactory job performance?
Most likely, but you will definitively know the story the employer is trying to tell when you get that hearing file.
Quote:
Originally Posted by lhtx3
On my UI application, I believe I chose 'lack of work' as the reason for being terminated.
It would have been better to say "fired," but in light of the two new hires, you have a good shot at avoiding a "false statement" penalty that is assessed when you claim you were "laid off" instead of "fired."
I'm so glad you skipped the phone interview. We won't have to waste on time on fighting your own words. It really cuts down on the work load. We only have to deal with your employer now, and hopefully, they won't come to the hearing.
Quote:
Originally Posted by lhtx3
I was full-time during most of my base period.
Because of this, your schooling is going to be a problem.
I want you to immediately send a Direct Message to MilezSmilez and ask about the best way to inquire about "California Training Benefits." If your nursing program can become classified as "approved training," you'll have hit the lottery if you can succeed on the separation issue at a hearing. You won't have to look for work, your availability will not be an issue, you can continue with school, and you can get UI for 51 weeks.
I also received a notice of overpayment, since I did receive one week of UI before I received the notice of determination/ruling. There is an appeal form included with this notice as well. How should I go about appealing for this?
It's pointless to appeal the overpayment. You got benefits because you "lied" on your UI application. You won't be rewarded for that by being able to weasel out. I'm surprised you weren't hit with a "false statement" penalty.
If you win the hearing on the separation issue, the overpayment will go away.
If you lose the hearing, pay it back because you don't want to incent EDD to look through your file and turn what is looking like a nonfraud overpayment into a fraud overpayment that will include a 30% markup and penalty weeks that will need to be served for approximately 6 years.
Mailed in my appeal request last week. My UI Online now shows that 'there are weeks available to certify' again. Should I be submitting for certification before the hearing? I'm afraid that if I do and lose the hearing, I will have to pay an overpayment fee again.
If you don't file for you weeks of UI, if you win the appeal, then EDD won't pay you, and then you'll have to waste even more time getting the claim REopened.
EDD will NOT be paying you anymore UI just because you submit a claim form. You're currently disqualified. It's not going to increase your overpayment. You will only be paid for future claim forms IF you win the hearing.
and what do you mean by "again"? Did you pay EDD on the overpayment?
If it's NONfraud, NEVER voluntarily pay the UI people except maybe in NV. You make them get the money the hard way. You don't get any brownie points for paying up.
Did you not read the threads on here? Get help BEFORE you do something you can't undo. Depending on what happens in the future, you might have just given EDD money that you might have never had to give them. There's no upside to voluntarily paying. NONE.
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