unemployment hearing tomorrow

[criss h]

What is the name of your state (only U.S. law)? california
i filed for unemployment back in feb 2009, i was approved; after i got my 1st check unemployment denied my claim. because my employer protested.
i was coming back from my maternity leave in feb. i got the run around for almost 2 weeks about my schedule. i finally had it i called my boss superior numerous times i kept getting the voicemail (cell phone) i had no choice but to leave a message explaining the schedule situation there for i will be not be coming back(its a retial job we have different shifts i couldn't just show up for work), i felt like i was forced to not come back. and still no reply from the company.
when i got the denial letter in march i did not pursue to appeal because a few weeks after feb. i found a part time job.
a few days ago i got a letter from ui appeals board, that i have a hearing tomorrow. how can i defend my case? and can i also get partial unemployment because i'm only working part-time and my salary is much less than what i was getting from my former employer?

thanks for the advice in advance,
criss

 

[pattytx]

The employer does not deny UI claims. The employer may protest, but the state approves or denies.

All you can do is tell your side of the story. If you are approved, you should be able to collect partial benefits if you otherwise financially qualify.

Some capitalization at the beginning of your sentences would have made your post much easier to read. We're not texting here.

 

[commentator]

commentator

From what I can discern, you filed for benefits and were approved, drew at least one check. Then the employer appealed, saying you voluntarily quit the job. At this point, you stopped drawing and took the part time job. You were not denied at this point, the claim was stopped while they could investigate, but you stopped filing for weeks of benefits and went to work at the part time job.

Now the hearing has come up where they are trying to determine if you did, indeed, voluntarily quit your job for personal reasons. You definitely need to participate in this one, because if you don't, and the claim is denied, you will have to pay back the one (or how many ever) checks you did receive.

So what you will need to do is attend the hearing, either by phone or in person, and state that you gave up on returning to the job because you contacted the employer as soon as you were released by your doctor to return to work and could not get them to give you a work assignment or put you back on the schedule. Point out the number of times you called, and that in your final message you told them you would not call again, that you had to find another job because they wouldn't call you back. You did not quit the job until you had given them every opportunity to put you back to work.

Immediately, you will need to talk to the unemployment office and re-open your claim. Do this now, do not wait to see if you are approved. You won't be paid unless you are. You will need to state that you were let go by not being given a new schedule and that you are now working all the hours that are available to you and still making less than you could draw per week in unemployment insurance.

This is gross wages per week, regardless of how you get paid. They will verify this with your current employer, and if you get approved or win this appeal from the old employer, you can begin receiving partial benefits by filing each week showing how much you have earned at the part time job and receiving the difference up to your weekly basic allowance.

 

[criss h]

I'm able to get my old co-worker to be my witness, She was laid-off while she was on maternity leave. How strong is my case with her?
thanks for the advice.

criss

 

[pattytx]

Hard to say. It is not always illegal to lay someone off while on maternity leave.

What is she going to testify TO?

 

[commentator]

commentator

Right on, P.-tax, there's no advantage to having your friend testify, because what they are adjudicating is whether you quit your job or were terminated by not being put back on the schedule. She could only say she was laid off while pregnant, which has no bearing on your case, even if it sort of shows they have a habit of getting rid of people who are in the process of giving birth. This might be an EEOC issue, but very hard to prove.

 

[criss h]

I just found out that my hearing was cancelled. A representative told me that my former employer withdrew the appeal this morning. Also I will be getting a letter in the mail about the cancelation.
Should I go ahead and claim partial unemployment? My earnings from my part-time job is less than 25% of what I was getting paid at my previous employer.

 

[pattytx]

Absolutely, re-open your claim.