Unemployment appeal

CALIFORNIA

My pervious employer is appealing my unemployment benefits. I was on maternity leave and they did not have a position for me upon my return to work. They are appealing because they are arguing that it was my decision to transfer and I was aware it was to a temporary position. I was transfered by the employer because I whistle blew at my previous position. They transfered me to a temporary position, I did not know it was a temp until I agreed to transfer.
Should I get representation? will I win the case? do I have a chance against this big corporation?

Keep filing. When they have the hearing, they can present all this business, but even though you were transferred to a temporary position, and you were aware it was a temporary position, its temporariness has no effect on the fact that when it ends, you're still laid off due to lack of work, you are out of work through no fault of your own, and they have no further work available for you, and so you are still eligible for unemployment.

It will be a hearing with an appeals official, yourself, and the employer or their representative present. You can, if you wish, retain legal counsel to defend you, but frankly, in this situation you have a very good chance of prevailing even without legal counsel, simply because of the circumstances. It won't take brilliant representation on your part, because the argument your employer is making isn't a good one.

They'll present their argument first, then you'll respond with your side of the issue. What you can say is that while you were employed there, you were offered a transfer from the job you had previously held for (however long) due to an incident where you reported your supervisor or something going on in the department, causing it to be an uncomfortable situation for you to continue working there. You were offered a transfer, which you gladly accepted. Then you (after agreeing to it) discovered that the position you had transferred to was only a temporary one.

Then you went on maternity leave, complying with all the requirements and paperwork required by the company. When you were off maternity leave, you presented yourself back to the employer, and were told that your job had ended, that they had no further work for you. You are now fully able and available for other work and are looking for work as prescribed. This should be all it takes to get you and keep you approved for unemployment.

Just because they are the big company and may have a third party or an attorney to present their case, this protest reason still isn't in accordance with unemployment law, and so you have an excellent chance of being able to continue to draw benefits.

There's information missing here. How long was your leave? How did your employment end? Did it end, or are you claiming benefits because you went to part time?

The answers DO make a difference to the answer. Maybe not to the UI claim, but I see another potential problem here depending on the answers.

I agree, usually no "big corporation" is dumb enough to try to argue the "it was a temp job" thing any more.

cbg said:

There's information missing here. How long was your leave? How did your employment end? Did it end, or are you claiming benefits because you went to part time?

The answers DO make a difference to the answer. Maybe not to the UI claim, but I see another potential problem here depending on the answers.

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I went on leave for pregnancy disability on august 24 and had the baby oct 16 then took the standard 12 week leave for maternity.

I was sent an email on aug 10th by my employer saying that I would have no position, this was also the same day that I called to tell her I had been having early contractions and my doctor wanted me on bed rest.

The email which was sent said that they have done everything they can to find work for me, but I have no position promised to me. it also suggested to post my resume on line (which it already was). too bad there were no positions within 100 miles of where I live.

commentator said:

I agree, usually no "big corporation" is dumb enough to try to argue the "it was a temp job" thing any more.

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Their argument is that I knew I took a temporary job and since i knew it was a temp i should have tried to look for jobs within the corporation (there were no jobs in my state during my leave). so they are trying to take my benefits because they say it was my choice to leave/transfer.

That's a dumb argument even if you knew it was temporary. People get laid off from temp positions all the time and qualify for unemployment.

swalsh411 said:

That's a dumb argument even if you knew it was temporary. People get laid off from temp positions all the time and qualify for unemployment.

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haha thats what I thought... When I called unemployment after I got notice of the appeal, thats what the rep told me it was about, but didn't have al the details. I'm not sure what else they are going to try and pull during the hearing.