What is the name of your state (only U.S. law)? California
I need advice, please, on how to make my case with the EDD when my boss is telling them fabrications on how I was laid off.
I was hired in April 2009 to work 40 hours a week with full medical/dental benefits paid by the company.
At the end of May when my insurance was about to begin, I was given a review and told that my work was exemplary, but that my desk was too messy (my trash can was not emptied every day when I was not aware that was a requirement). At that time, my boss informed me that he was cutting my hours back to part time (30 hrs/wk) and that my medical/dental benefits would be cut.
Towards the end of June, he had a company meeting (2 of the employees and I) and told us that business was slow and that cut backs in hours may be needed but was not specific on who or when. The next week, he told me in person (unfortunately no one else was around to hear) that he did not want me to come in to work the following Monday but to come in Tuesday. This pattern followed for the next several weeks with my boss telling me (again without anyone within hearing range) that I was not to come in on certain days, each week being different days. There was no written schedule, just verbal.
The week before I was laid off, I worked one and a half days. I called my boss that week to see if there was any work for the next week (he was out of town) and when my boss and I talked on the phone, he told me to come in for a half day in the morning on Monday only. He told me that day that business was slow and that he would call me after that if he wanted me to come in if any business came in. Since I was well aware that business was very slow, when he did not call the next week, I gathered that no work had come in. When he still failed to call in the weeks after that, I then assumed that I had been laid off and applied for unemployment insurance. I have been actively looking for employment elsewhere ever since.
I just had a telephone interview with the EDD and while they would not tell me exactly what he has told them, they implied that my boss said I failed to show up as scheduled to work. They are considering denying my unemployment insurance benefits because I am guessing that he said I quit. At no time did I ever refuse to come in to work or fail to show up when I was told to.
My problem is this: his word against mine. It's been awhile, so I can't remember if there were any e-mails documenting his request that I not come in and I don't have access to them any more anyway. The telephone conversations were on the company phone at the office so I don't have telephone records either. Towards the end, a phone call I made on my cell phone to check if there was any work would be recorded but it's a pay-as-you-go phone, so I don't get statements and therefore probably no proof. I worked alone in the front office, where my boss always spoke to me about my schedule, so there are no other employees that can back me up. There was no written weekly schedule either. It was all verbal.
With his business being so slow, I can understand why he doesn't want to pay my unemployment, but it upsets me that he would lie to the EDD. The only thing I can think of that he might try to use to back up his claim that I did not show up as scheduled, is the schedule he set back in June in my review cutting me back to part time (30 hrs/wk). That is the last written document that I signed. Since the 30 hr week was not the case per his verbal instructions to me the last 2-3 weeks of my employment with him, I of course did not show up every day for work after that last half day just to be told that there was no work. I was waiting for my boss to call me in to work.
The EDD telephone interviewer seemed sympathetic to my case, but I am afraid that I don't know how to prove that he laid me off. Please help!
I have learned a valuable lesson not to assume anything. If this ever happens to me again in the future, should I have sent my boss a certified letter asking him for work and verifying that I was employed or not? Thank you in advance for any advice.
I need advice, please, on how to make my case with the EDD when my boss is telling them fabrications on how I was laid off.
I was hired in April 2009 to work 40 hours a week with full medical/dental benefits paid by the company.
At the end of May when my insurance was about to begin, I was given a review and told that my work was exemplary, but that my desk was too messy (my trash can was not emptied every day when I was not aware that was a requirement). At that time, my boss informed me that he was cutting my hours back to part time (30 hrs/wk) and that my medical/dental benefits would be cut.
Towards the end of June, he had a company meeting (2 of the employees and I) and told us that business was slow and that cut backs in hours may be needed but was not specific on who or when. The next week, he told me in person (unfortunately no one else was around to hear) that he did not want me to come in to work the following Monday but to come in Tuesday. This pattern followed for the next several weeks with my boss telling me (again without anyone within hearing range) that I was not to come in on certain days, each week being different days. There was no written schedule, just verbal.
The week before I was laid off, I worked one and a half days. I called my boss that week to see if there was any work for the next week (he was out of town) and when my boss and I talked on the phone, he told me to come in for a half day in the morning on Monday only. He told me that day that business was slow and that he would call me after that if he wanted me to come in if any business came in. Since I was well aware that business was very slow, when he did not call the next week, I gathered that no work had come in. When he still failed to call in the weeks after that, I then assumed that I had been laid off and applied for unemployment insurance. I have been actively looking for employment elsewhere ever since.
I just had a telephone interview with the EDD and while they would not tell me exactly what he has told them, they implied that my boss said I failed to show up as scheduled to work. They are considering denying my unemployment insurance benefits because I am guessing that he said I quit. At no time did I ever refuse to come in to work or fail to show up when I was told to.
My problem is this: his word against mine. It's been awhile, so I can't remember if there were any e-mails documenting his request that I not come in and I don't have access to them any more anyway. The telephone conversations were on the company phone at the office so I don't have telephone records either. Towards the end, a phone call I made on my cell phone to check if there was any work would be recorded but it's a pay-as-you-go phone, so I don't get statements and therefore probably no proof. I worked alone in the front office, where my boss always spoke to me about my schedule, so there are no other employees that can back me up. There was no written weekly schedule either. It was all verbal.
With his business being so slow, I can understand why he doesn't want to pay my unemployment, but it upsets me that he would lie to the EDD. The only thing I can think of that he might try to use to back up his claim that I did not show up as scheduled, is the schedule he set back in June in my review cutting me back to part time (30 hrs/wk). That is the last written document that I signed. Since the 30 hr week was not the case per his verbal instructions to me the last 2-3 weeks of my employment with him, I of course did not show up every day for work after that last half day just to be told that there was no work. I was waiting for my boss to call me in to work.
The EDD telephone interviewer seemed sympathetic to my case, but I am afraid that I don't know how to prove that he laid me off. Please help!
I have learned a valuable lesson not to assume anything. If this ever happens to me again in the future, should I have sent my boss a certified letter asking him for work and verifying that I was employed or not? Thank you in advance for any advice.
