Complete Labor Law Poster for $24.95
from, includes
State, Federal, & OSHA posting requirements


No announcement yet.

Unemployment question California

This topic is closed.
  • Filter
  • Time
  • Show
Clear All
new posts

  • Unemployment question California

    I was just recently terminated from my job in retail that I had for four years. With less and less customers coming in, I could no longer make the sales goals and credit card openings required to keep my job. I tried all the way to the end to do my best at what they expected of me. Some days I wouldn't wait on any customers at all. I had to two reviews and then a month review till I was terminated. During my reviews I would improve on somethings and then others would fall. I always showed some improvement, but it wasn't enough to keep my job. I have been looking for work and did apply for unemployment, which I have never done before. I had my telephone interview the other day and they said that my work is contesting my unemployment because I broke an agreement with them. I think this agreement is the reviews I signed saying that I would make my sales goals. Here I am now worried, that I will not receive my unemployment because of their contesting it. I can't sleep at night wondering how I'm going to pay next months rent and car payment. My question is to you, will I be denied my unemployment? All EDD said to me was wait for a letter. I search for jobs everyday and no luck and I have to BA's. Does anybody know if they have a case against me. I was always a good employee. Retail sales are down. Doesn't EDD know that? Thank you

  • #2
    You would think EDD would know that (especially since it appears that state employees may not be able to buy much of anything in the near future, if they end up getting temporarily decreased to minimum wage) . However, if the employer is protesting, there has to be a hearing; they can't just ignore the employer's protest because they think it's invalid.

    Your argument will be:

    Based on the number of customers in the store, and the reluctance of people to buy in this economy, my sales goals may not have been met. However, when customers were in the store, I tried to the best of my ability to make the sale; I believe the sales quotas could not have been met by any salesperson--the potential business just was not coming into the store. Some days there were no customers to wait on at all.

    The fact that you signed a performance appraisal saying you would "meet your sales goals" is irrelevant if there was no possible way for you to do that. Better, of course, would have been "I will try my best to meet the sales goals set out for me; however, business is such that it may not be possible. I will do the best I can". Too late for that now, though.

    Unfortunately, with the unemployment rate what it is in California, the number of employers protesting, the 3-day-a-month furloughs, no overtime, etc., I would imagine it could be several weeks before you even get to the hearing.

    Good luck.
    Last edited by Pattymd; 07-04-2010, 01:44 PM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      Tell the truth, listen to the person at EDD, and appeal if you lose. Always appeal.
      Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

      I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.


      The forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on are opinions and suggestions of members and is not a representation of the opinions of does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.