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Unemployment benefits denial and confusing letter

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Shadax

Junior Member
I live in California and in December I had an issue with my workplace. I worked for a retail store in which I was a manager, but was terminated during the holiday season.

To make a long story short the chain of command above me is not the most professional. My managers have been in trouble for things ranging from using unauthorized vacation hours, stealing, and adjusting employees hours (against their hours worked) without their notice. My immediate manager started to dislike me for trying to straighten her out by reporting her negative actions to a higher up. It became an issue when I started to hear others say "she's trying to get rid of you." I guess I was intruding in her perfect little corrupt kingdom.

Early December I am working the store by myself and I am robbed at gunpoint. Very straight to the point, weapon in my face demanding money. I was fortunate enough to give him what he wanted and got him out of the store, and that's a whole different story. Safe to say I needed work and stayed with the company.

Anyway, a few weeks later I had a closing shift in which our front gate would not come down. I had to call a repair man who was over 2 hours away. I was terrified to stay in the store until passed midnight especially considering the previous circumstances!! So I had a loved one keep me company in the store, in cameras plain view, until he arrived.

I was terminated the following day for "having an unauthorized person in the store."

I claimed unemployment insurance as I felt it was completely unreasonable as I was a hard worker and never did anything against the company nor did I ever refuse to work.

I had been receiving benefits until this week when I received a letter stating (and I'm really cutting these down to simplify):

"Your former employer has appealed the decision to allow you to receive benefits"

then I also received another notice, but speaking in third person about me as if TO my employer stating:

"You provided information regarding the eligibility of the claimant named above [which points to my name] under California insurance code (CUIC) section 1256. We have considered all of the available facts and reached the conclusion below:

You discharged the claimant for breaking one of your rules. After considering the available information, the department finds the reasons for discharge do not meet the definition of misconduct connected with the work.

Your reserve account will be subject to charges."

Is this good news for me or am I understanding the verbiage incorrectly?

I also don't see anything that schedules a hearing as a previous letter stated I should get. It's dated over a week ago but I can't imagine I could have missed the hearing as it couldn't have been that soon.

Any advice would be wonderful.

EDIT: I read the dates and realize the first letter is actually appealing the second letter. This means I will have to attend a hearing.
 
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Beth3

Senior Member
Is this good news for me or am I understanding the verbiage incorrectly? This is good news for you. The State is saying you were NOT discharged for a reason that would disallow benefits.

If your employer appeals the determination and requests a hearing, you will be notified.
 

Shadax

Junior Member
Is this good news for me or am I understanding the verbiage incorrectly? This is good news for you. The State is saying you were NOT discharged for a reason that would disallow benefits.

If your employer appeals the determination and requests a hearing, you will be notified.
Well it looks like I read those letters in the WRONG order. The second letter came first so it looks like my former employer is definitely appealing it.

Do you think I have good leverage though? How can I go into this hearing prepared?

Should I get a lawyer?

I'm getting about 600 bucks a month. If I lose I will have to repay about 900 since it's only been about a month and a half, so obviously I wouldn't want to pay much for a legal representative.

Ugh.. I'm so stressed out about this. I did so much for the company and because of the manager I had I was constantly under her foot. Having a gun in my face scarred me and then I get fired because of my own paranoia. I think the least they could have done was granted me unemployment until I got back on my feet with another job and now that's been stripped from me AND they want me to pay back what I had.

I just don't know what to do.
 
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Willlyjo

Guest
Well it looks like I read those letters in the WRONG order. The second letter came first so it looks like my former employer is definitely appealing it.

Do you think I have good leverage though? How can I go into this hearing prepared?

Should I get a lawyer?

I'm getting about 600 bucks a month. If I lose I will have to repay about 900 since it's only been about a month and a half, so obviously I wouldn't want to pay much for a legal representative.

Ugh.. I'm so stressed out about this. I did so much for the company and because of the manager I had I was constantly under her foot. Having a gun in my face scarred me and then I get fired because of my own paranoia. I think the least they could have done was granted me unemployment until I got back on my feet with another job and now that's been stripped from me AND they want me to pay back what I had.

I just don't know what to do.
Based on the fact you said you were already receiving unemployment benefits, it looks like you got everything mixed up. This is how it usually goes in California.
1. You apply for unemployment benefits.
2. The employer opposes you receiving unemployment benefits.
3. The State sends you a letter either denying or allowing such benefits.
4. If the state denies your benefits, you have to appeal.
5. Fill out the appeal form the state sends you, telling your side of the situation and send it back.
6. You will receive notice of an informal hearing where you can bring witnesses and/or documents to substantiate your claim.
7. The Hearing Rep. makes a decision and sends his decision to the parties involved.
8. Then you live with the decision whether it goes for or against you.

It sounds like the employer provided information regarding your eligibility and the State made a decision in your favor based on that information!!

Congratulations!! I think no further action will happen from the employer which would take away your benefits before they run its course. You can simply call EDD and verify my suspicions to put your mind at ease. In other words, this is a meticulous answer that totally agrees with BETH!!
 
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Shadax

Junior Member
Based on the fact you said you were already receiving unemployment benefits, it looks like you got everything mixed up. This is how it usually goes in California.
1. You apply for unemployment benefits.
2. The employer opposes you receiving unemployment benefits.
3. The State sends you a letter either denying or allowing such benefits.
4. If the state denies your benefits, you have to appeal.
5. Fill out the appeal form the state sends you, telling your side of the situation and send it back.
6. You will receive notice of an informal hearing where you can bring witnesses and/or documents to substantiate your claim.
7. The Hearing Rep. makes a decision and sends his decision to the parties involved.
8. Then you live with the decision whether it goes for or against you.

It sounds like the employer provided information regarding your eligibility and the State made a decision in your favor based on that information!!

Congratulations!! I think no further action will happen from the employer which would take away your benefits before they run its course. You can simply call EDD and verify my suspicions to put your mind at ease. In other words, this is a meticulous answer that totally agrees with BETH!!
Ok, pardon me for being so paranoid and a bit ignorant. I'm just a bit mixed up!

It seems like there WILL be further action. I was given benefits, the state told my employer their reason for discharge was not good enough, then my employer appealed THAT and now I'm waiting for a letter to tell me when and where the hearing will be.

Sorry I'm being a pain, I really can't thank you enough though for trying to make sense of this for me. I guess I'll just have to wait for the next correspondence.

Again, thank you!
 
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Willlyjo

Guest
Wrong regarding State's Decision

Ok, pardon me for being so paranoid and a bit ignorant. I'm just a bit mixed up!

It seems like there WILL be further action. I was given benefits, the state told my employer their reason for discharge was not good enough, then my employer appealed THAT and now I'm waiting for a letter to tell me when and where the hearing will be.

Sorry I'm being a pain, I really can't thank you enough though for trying to make sense of this for me. I guess I'll just have to wait for the next correspondence.

Again, thank you!
Once the employer objects and the state finds for you, then the employer can appeal. Then you have to go to an informal hearing. At this hearing, the "Hearing Officer" listens to testimony and makes a decison based on such. This decison is FINAL.

Based on everything you posted, I believe you will get continued benefits. Also, my mistake with the previous post is that I inadvertently type in information showing that EDD had the final word when in fact it is the Hearing Officer in the Appeal Hearing that has the final word. I already knew that, as it shows with the guidelines I listed from experience.
 
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pattytx

Senior Member
Once the employer objects and the state finds for you, then the employer cannot go back and appeal. The state's decision is final!! Relax there is nothing more to do on your part!! Don't expect any Hearing Dates---it's over already. Ha ha.
Not necessarily. There can be multiple levels of appeal.
 

cbg

I'm a Northern Girl
Shadax, be advised that willyjo's advice is frequently wrong and cannot be trusted. He considers himself an expert but he actually knows zip about employment law. So don't trust his answers any farther than you can throw an elephant.

And don't bother asking him to back up his answers; he can't do so and so ignores any such requests.
 

>Charlotte<

Lurker
Shadax, be advised that willyjo's advice is frequently wrong and cannot be trusted. He considers himself an expert but he actually knows zip about employment law. So don't trust his answers any farther than you can throw an elephant. And don't bother asking him to back up his answers; he can't do so and so ignores any such requests.
Seconded for emphasis. Willyjo is an idiot who's probably going to do some real damage one of these days.
 

CourtClerk

Senior Member
Based on the fact you said you were already receiving unemployment benefits, it looks like you got everything mixed up. This is how it usually goes in California.
1. You apply for unemployment benefits.
2. The employer opposes you receiving unemployment benefits.
3. The State sends you a letter either denying or allowing such benefits.
4. If the state denies your benefits, you have to appeal.
5. Fill out the appeal form the state sends you, telling your side of the situation and send it back.
6. You will receive notice of an informal hearing where you can bring witnesses and/or documents to substantiate your claim.
7. The Hearing Rep. makes a decision and sends his decision to the parties involved.
8. Then you live with the decision whether it goes for or against you.

It sounds like the employer provided information regarding your eligibility and the State made a decision in your favor based on that information!!

Congratulations!! I think no further action will happen from the employer which would take away your benefits before they run its course. You can simply call EDD and verify my suspicions to put your mind at ease. In other words, this is a meticulous answer that totally agrees with BETH!!
Willyjo,
Where are the EDD offices in CA anymore? They shut them down years ago. Hearings are done by telephone...
 

pattytx

Senior Member
And, there is no appeal "form". The appeal must be made in writing, however.

And, if the employer's appeal is denied, the letter advising you of the determination will how you appeal that decision. It's not a one-shot deal.

Here, OP, just read it directly from the horse's mouth (instead of listening to the horse's other end).
http://www.edd.ca.gov/pdf_pub_ctr/de1275a.pdf
 

Dandy Don

Senior Member
While you may not need to hire an employment law attorney you may want to at least have a one or two hour consuultation with one so you can get information about what to expect in the hearing and find out if there is anything else you can do to shore up your case and prevent a defense when you go for the hearing.

Was there anything mentioned in the company handbook about who else is authorized to be in the store? Is there anything IN WRITING (a memo) about your reporting your manager's actions to a higher up and what the company thinks about this manager's behavior? Does company policy PERMIT you to hand over monies during a robbery to the robber or did they suggest an alternative way to handle this?

Looks like things are going well in your favor but the outcome of unemployment hearings usually can not be predicted in advance.
 

justalayman

Senior Member
Does company policy PERMIT you to hand over monies during a robbery to the robber or did they suggest an alternative way to handle this?
.
are you ****ing insane Dandy Don? A robbery is not one where permission is required to act in the manner the guy with the gun is telling you. Any suggestion to the contrary by the company can cause the company to become liable for any injuries (or death) caused by the companies recommendations or requirements.

apparently you have never been on the wrong end of a gun.
 
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Willlyjo

Guest
Willyjo,
Where are the EDD offices in CA anymore? They shut them down years ago. Hearings are done by telephone...
I really don't know where an EDD office is. However you can communicate via Website or telephone. I processed my disability claims this way as well as an unemployment claim. Type in CaliforniaEDD.com and you will get ahold of them.
 
W

Willlyjo

Guest
Shadax, be advised that willyjo's advice is frequently wrong and cannot be trusted. He considers himself an expert but he actually knows zip about employment law. So don't trust his answers any farther than you can throw an elephant.

And don't bother asking him to back up his answers; he can't do so and so ignores any such requests.
Stupid aren't you? I live in California, idiot! I am very familiar with EDD process. I've outlined very specifically the way to go about a claim. You should be concerned with your own posts rather than to continue nitpicking everything I post. Research my advice in this instance...go ahead pea brain. You would find I'm right on with the advice.

As far as "Shadax, be advised"...let me inform you that this is for sure, wrong advice to Shadax unless you can prove my advice is "frequently wrong"! You are talking nonsense again like others (Cyjeff) do in this forum. You stick together like birds of a feather whether you are right or wrong and so far, you've proven to be wrong in your judgements of me.

You need to research what I've said in previous posts and then prove me wrong. Anything I've posted can adequately be used to guide that particular OP who asks the question my particular posts responds to.

And how would it be possible for me to post anything that would be dangerous for any OP who may seek advice in this forum in the future? How can one give dangerous advice? I've done nothing illegal. But yet I've even noticed one case of plagarism from one of the socalled Senior Members. Isn't that illegal?

My best advice to you is: 1. Take a course in Reading Comprehension, 2. Learn how to rightfully interprete what is posted or get an unbiased consensus from a group of people off the street (for instance) to determine an accurate interpretation of what you've read and 3. Respond with or without approval of one's post.

As far as backing up an answer, some answers speak for themselves. If an OP were to ask if the color red exists and I said 'yes' then tell me, how would I back that answer up? Answer me!! Oh...I guess you can't can you?
 
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