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Unemployment appeal hearing plz help California

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  • #16
    Just curious becuase I don't know... this is a student. What is the UI rule with full time students and UI in California?

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    • #17
      Originally posted by Rangeman View Post
      Just curious becuase I don't know... this is a student. What is the UI rule with full time students and UI in California?
      No different than any other. The claimant must be able to show that he can accept any reasonable job offer, school schedule not withstanding. Plus, depending on how part-time the employee was, and for what length of time, he may not even have the requisite weeks/quarters worked and enough wages in the based period.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #18
        Originally posted by cbg View Post
        In order to successfully contest unemployment benefits, the employer must show that there was a valid, disqualifying reason for the termination. However, from what the poster has presented to us, I don't think the employer in this case will have too much difficulty showing that.

        Stranger things have happened, however.
        I disagree, I think the employer shares the blame on this one. First of all, the employee discusses her inability to work weekdays prior to the schedule coming out. The employer agrees not to work the employee during the week, but will schedule him/her for the weekend and prints out a sheet stating the employee is unavailable on weekdays.

        The employee then comes in on a Sunday and notices he/she is scheduled for Thursday & Friday of the coming week. Employee attempts to call the employer, but is unable to make contact because the employer's is at the hospital with a dying parent, the employee then leaves phone messages .

        At least, the employee acts responsibly enough to find a replacement to work his/her schedule. Also, the employee calls the manager that night to inform them of what's going on and leaves a message.

        If I were the employee, I would bring copies of my phone records showing how many times he/she attempted to call the employer to notify them of the problem. I would also bring any other documentation supporting my position. I would also contact the coworker for a statement to present during the hearing.

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        • #19
          All of the above granted. However, we are talking a teenager who opted not to work those days so he could play sports, something the employer is not required to work around. He didn't have a second job, or have child care issues, or have a medical condition that limited his availability. He found something he wanted to do more than work, and chose not to work so he could do it.

          In order to qualify for UI, he has to be ready to work and able to accept work if offered. I'm seeing nothing in his post to suggest that he's now willing to put being on the team aside and become available for a new employer.

          And, of course, there is always the question of whether he's even earned enough in the base period to qualify since he would have been in school part of the day and playing sports the balance, not leaving much time to earn the minimum.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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          • #20
            I'm sure the poster has earned enough in the base period to qualify, there would not be a hearing if he hadn't. He would have been told beforehand that he didn't qualify due to lack of earnings.

            Also, the poster's ability to work has always been somewhat limited due to his school requirements. That alone doesn't disqualify him, he is available on weekends. He will have to show that he is actively looking, but ultimately it will depend on the type of jobs available that he's qualified for.

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            • #21
              theres alot of talk about me going on and there might be some key info i left out that might help. i have worked for my employer for 2 and a half years and have worked every holiday(without holiday pay) and have covered countless peoples shifts and have stayed late on almost every busy day. i havent once been written up or even late to work. and i most certantly never not shown up for work. and i was acctually working 28 hours a week before sports and during the short sport season that i had not working i worked 16 hours a week. sometimes more if practise was cancelled. it wasnt that i chose sports over work i have always chosen work before anything. ive missed out on so many things during my high school years this was my first time doing something for me.

              i should also mention that my boss is bi-polar and takes meds for it but with her father passing she didnt take them

              as for the documents she changed the availabilty sheet in her favor stating that i was available to work thursday and friday(which is 100 percent false)

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              • #22
                All you can do is apply and see what the state says. The only opinion that matters is that of the adjudicator who catches your claim.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                • #23
                  connell,

                  I believe you have a good chance of winning, and as I've said before - be prepared with all of your documentation.

                  I hope you've read DaSlapa's 7 rule test, I believe it supports your position.
                  Last edited by WorkHorse; 04-21-2010, 05:51 PM.

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                  • #24
                    thank you workhorse you seem to be the only one on my side and i just got all my phone records and i sent a request to the jusge for the real document i need that my emplyer has and changed

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                    • #25
                      tomorrow is the day of the hearing i couldnt get any good witnesses because my employer gave them alot of hours and they are affraid to loose them i got my phone records and some signed documents to help but i dont know how this is going to go

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                      • #26
                        Good luck to you.
                        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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                        • #27
                          I find it helps if I write things down beforehand. That way you have something to refer to and prevent missing any important points you want to make.
                          Good luck, please let us know how things went.

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                          • #28
                            I agree with Workhorse. I like to do a timeline with day/dates so I don't get confused and give the incorrect information.

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                            • #29
                              alright guys its been awhile since ive posted and i got the letter today in the mail regarding my case and i won im granted benefits at the court i held my stance and represented my case well and my employer cried which was weird saying how great of an employee i was lol anyways how long do i have to wait till i get my check from edd?

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                              • #30
                                Originally posted by connelll View Post
                                alright guys its been awhile since ive posted and i got the letter today in the mail regarding my case and i won im granted benefits at the court i held my stance and represented my case well and my employer cried which was weird saying how great of an employee i was lol anyways how long do i have to wait till i get my check from edd?
                                I am so happy for you, I knew you had a good chance of winning if you presented your case well. Good for you!

                                I would think it should be retroactive from the date you first applied(excluding the first week). I can't give you an exact time frame, why not call EDD tomorrow?

                                Comment

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