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What is the best way to appeal this unemployment benefits case where the boss says I quit, but actually I was fired?

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What is the best way to appeal this unemployment benefits case where the boss says I quit, but actually I was fired?

Post by orlyorly33 on Wed Mar 06, 2013 6:19 pm

My boss was my Cousin. My Cousin had always treated me differently as a "family member", but not in a good way, i.e. I was always "expected" to stay late when other non-family workers were allowed to leave early for their own activities.

In short, I approached my boss to enquire about 'compassionate extended leave of absence' and was putting the request to him with a reasonable three weeks notice, as I would have liked if possible to accompany my boyfriend to London for three weeks, to support him as his mother was having a mastectomy and his father recently suffered a stroke and heart failure. I wanted to continue my main project remotely, using 'LogMeIn', which is something the company already set a precedent for allowing. I also discussed my desires to get "another job", meaning weekend/nights.

After 5 years loyal service, my Cousin/boss blew a fuse and told me to empty out my desk on the spot. To clarify, he clearly fired me. He stood over me whilst I did so, meaning I could not even get all my belongings and had to return another day outside office hours where a co-worker friend met me at the door with a box.

When I applied to the EDD I stated that I had received "several verbal warnings", but to put this in context I had been told by my Cousin a number of times verbally (maybe 3) that a project I was working on would be given to another worker if I did not complete it. I actually felt this year-round accountancy/commission calculation task was out of my remit as the receptionist, but I continued to work on it. My boss however used this during his firing of me as a reason. In reality his pride was hurt that I was choosing to be with another person in London, rather than with him and his company. He saw it as an insult to my family loyalty - but it was just a request.

When the EDD phoned me to interview me, unbelievably my phone lost service for a minute, and all I got was their voicemail. I tried in vain to reach the interviewer, and left her 2 voicemails. (I had to find a special Vietnamese phone number loophole in order to even get through at all (as an American born citizen).)

The next I heard my case was denied for the following reason:

"You quit your last job ... to take care of personal, legal or business affairs. You did not explore all reasonable solutions before you quit ... Section 1256 provides - An individual is disqualified if he voluntarily quit his most recent work without good cause or was discharged for misconduct..."

I believe my Cousin severely misled the EDD and I feel their reason is grossly wrong on two counts. I had no way to argue this due to the EDD's ridiculous "one phone call attempt and you're out" policy:

1) I did not "quit", I was fired on the spot after asking for extended leave on compassionate grounds.
2) I *was* exploring "all reasonable options" at the moment my boss/Cousin blew a fuse and fired me.

What is the very best thing I can say in my letter, from a legal perspective, to persuade the adjudicator and/or Judge that my case should be approved?

(Also, I have not been receiving weekly forms from the EDD for me to return. Can I still claim for all the time since I first applied, if my appeal is granted?)

orlyorly33
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Re: What is the best way to appeal this unemployment benefits case where the boss says I quit, but actually I was fired?

Post by DesperateInRI on Sun Mar 10, 2013 1:32 pm

APPEAL! You were denied because you did not disagree with the employer's reason for termination. Not being available for a phone or in-person hearing is an automatic denial. Make sure you have access to a landline the next time!

_________________


“Everyone's moving on without me, into a world I don't understand.”

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Re: What is the best way to appeal this unemployment benefits case where the boss says I quit, but actually I was fired?

Post by elvis44102 on Sun Mar 10, 2013 8:11 pm

DesperateInRI wrote:APPEAL! You were denied because you did not disagree with the employer's reason for termination. Not being available for a phone or in-person hearing is an automatic denial. Make sure you have access to a landline the next time!

appeal appeal appeal

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Re: What is the best way to appeal this unemployment benefits case where the boss says I quit, but actually I was fired?

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