loriaf 08-04-2006, 05:38 PM I quit a sales job a couple of months ago, after about 1 month, because of a Manger that was totally over the edge.....myself and the other sales executive left at the same time because of this person....and also, the job was not what we expected. There were lots of different reasons, too many to go into on this site, unemployment has not paid because I quit. I sent in a letter stating all the reasons why....they have set up an appeal date, where I show up and so does the company to state our sides. Does the employee ever win in these cases if there is good cause? Just wondering if I should follow this through or not? It just seems like the employer always wins?
Thanks
joe916 08-04-2006, 06:21 PM the job was not what we expected.
I would use the above as the major factor. I seem to remember reading somewhere that if a person quits because of misrepresentation it would be with cause. A lot may depend on the reasons you originally submitted.
follow this through or not?
The worst that could happen, in my opinion, is you still won't receive UI. And it's possible that the employer rep won't show.(wouldn't count on it though.)
Does the employee ever win in these cases if there is good cause?
Of course, with an emphasis on good cause. Ca. tends to be employee friendly.
loriaf 08-04-2006, 07:22 PM Thanks! Since the person I had trouble with, was the "Station Manager", do you know if he will be showing up, or do they usually send someone from the H.R. department? (Who is located out of California) Can the person who you had trouble with, be the one you have to deal with? Just want to prepare myself, in my 25 years of working, I've never have been in this situation before....
It's entirely up to the employer who they send. Usually it's someone from HR, but it doesn't have to be, and it's not limited to only one person; it could be the manager AND someone from HR.
joe916 08-04-2006, 07:48 PM With HR located out of California it will most probably be the "Station Manager". He's also the one most familiar with the situation. They could have anyone though.
I would try to get other sales executive to show up as a witness. I would contact EDD to get as much info as they will give you. Any other info or evidence could also help.
loriaf 08-04-2006, 08:54 PM Thanks for the information!!
It is also possible that the employer is represented by either an attorney or a person specializing in unemployment cases.
I would also emphasize the fact the the position was not the same as represented during the hiring process. However, do not totally dismiss the inappropriate manager.
ALJ's in CA are extremely claimant-friendly and generally sympathize with workers who are treated poorly and/or unfairly by management. Be prepared with specific examples of each.
If the employer is advised properly or knows anything about the process, they will bring the most first-hand witness(es) and a knowledgeable HR person.
An area of inquiry will likely be what, if anything, did you do as the employee to complain and seek resolution to the issues that caused you to resign prior to so doing. For instance, did you speak directly to your manager, his/her superior and/or HR?
loriaf 08-05-2006, 06:16 PM Thanks for the great information, yes I did talk to the H.R. Manager, who even said that "they had problems w/this manager before, but he has gotten much better", it was only myself and the H.R. Manager in the room....so its his word against mine? I guess I'll see what happens!
Thanks again,
You may consider subpoening the HR manager and/or the any disciplinary record that your Manager may have?
I would expect the employer to certainly fight the latter, but if they are unwilling to provide such records, then the ALJ may look disfavorably upon them for such a refusal.
kalindria 08-07-2006, 11:36 AM In the hearing I was involved with on the employer's side of the table, we were given the option to appear via telephone since the hearing site was quite a distance form our workplace. We appeared in person and won in a completely different type of case.
Whether or not your hearing is scheduled in-person or via telephone should have no effect on the issues in the hearing.
However, in certain northern California cases the hearings may be held by telephone for all parties if it would pose an undue hardship for either to appear in person.
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