How to word an appeal?

[ValleyVal]

In Virginia, I was working a long-term position (1-1/2 years) through a temp agency. I filed an unemployment claim in the Christmas week of 2003 when I was "laid off" for the holiday season, listing the temp agency as my employer. I worked somewhat steadily after the holidays with days off for inclement weather conditions, but not steadily enough. I never worked less than 24 hours a week, but rarely 40 hours from then until my last day on my long term assignment (3/26/04) which created a financial hardship for me. The (textile manufacturing) company I was working the long assignment for was steadily downsizing and my department was eliminated as of the beginning of 2004, but my immediate supervisors there kept me busy as much as they could while I looked for a full-time job, and they continually reminded me that they would have to reduce me hours to 24 or less a week shortly.

I notified my temp agency to that fact during the holiday 2003 lay off and asked them to keep me in mind for full time work and other long term positions. I checked in with them frequently while I used other sources to look for full time work. In that my agency (and I) was unable to find me suitable work and in that I knew I could not survive there without it, I accepted my family's offer of a place to stay in Los Angeles while I looked for work there. I timed my move to coincide with the end of my long-term assignment. And I let the agency know. When I got to LA, I reopened my Virginia unemployment claim with the help of the California EDD.

Virginia is contesting my claim on the basis that I left my job voluntarily without good cause. I consider survival good cause. I'd like to file an appeal, and I'd like to know if I have a case, and, if so, I'd love some advice as to how to word my appeal so that is legal and acceptable.

Thank you for your help.

 

[Beth3]

There's no magic legal argument you can make that will turn the decision in your favor. While UC regulations vary by State, they're pretty cut and dried. The questions the Administrative Law Judge will decide at the hearing are (1) did you quit your employment? and (2) did you quit for a reason that would allow benefits?

The answer to question #1 appears to be "yes." While your temp assignment was over, the agency presumbly could have sent you on another assignment. Your resignation barred that from happening.

The answer to question #2 likely is "no." Quitting in order to relocate in the hopes of finding more gainful employment makes long-term economic sense but very likely bars you from eligibility for UC benefits at present.

Each State's UC reg's have their own twists and turns (and some of them are a bit weird) so you have absolutely nothing to lose by pursuing this but don't get your hopes up.

P.S. It's a waste of time to make a legal argument in an appeal request. Either party (the employer and the employee) are entitled to a hearing as a matter of law. All either party has to do is inform the UC office in writing that "I want a hearing" by the required date and a hearing will be scheduled.

Whatever else you say in your "appeal" will be totally irrelevant and won't be taken in to consideration. The ALJ will base his/her decision exclusively on testimony and evidence presented at the hearing - nothing else.

 

[ValleyVal]

Thank you very much, Beth, for your response. I'll give it a go then, and I won't get my hopes up.

Sincerely,

ValleyVal