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California EDD denial Section 1256 advice on appealing

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  • California EDD denial Section 1256 advice on appealing


    I was recently denied CA Unemployment because of voluntarily quitting without good cause as detailed in Section 1256. I had to relocate to Utah due to family issues which my husband and I felt constituted an emergency, but there are several factors, and I am wondering which to highlight in my appeal. We had to suddenly leave because:

    1) My husband had to withdraw from school because of health problems and so his funding was withdrawn, leaving us unable to pay rent so we had to leave immediately and without any funds for a new apartment. There were no relatives or friends in CA we could stay with; the only friend who could offer us a rent-free place to stay for a couple of months was in Utah.

    2) Our car suddenly broke down and was not worth the expense of repairing, leaving us in even more financial straits, and so we would need to stay with a friend who could help take us places until we could afford to buy another car.

    3) My husband's son who lives with his grandmother several hours away became ill and my husband felt the need to spend some time with him, in a city in CA several hours away but on the way to Utah. So we spent a couple of weeks with him before leaving the state of CA.

    4) My husband has been unemployed for over a year and had been unable to find work in CA, but a friend offered him a full time position in UT, which would also provide health insurance to address his health issues.

    When I left my job, I spoke with my manager and human resources in person. They suggested a leave of absence but because I would not be returning to CA they said I would not be able to do that. I asked if I could transfer to another location, as it is a retail store which is in many parts of the country, and they said they could not help me with that. I told them I was leaving due to a 'family emergency', and seemed to accept that on good faith without question, and did not ask me to explain the circumstances.

    When I had my EDD telephone interview, I was told that my former employer had informed them that I had told some fellow employees that I was leaving. This is untrue; I may have mentioned that we were thinking about relocating to my home state of North Carolina sometime in the future because I miss it, but nothing more than that. I have the impression that my former employer misinformed EDD about my leaving; and that instead of asking me for reasons why they rather trusted rumors.

    Its a complicated situation, and I know that for an appeal they will want simple, straightforward reasons. Any advice would be greatly appreciated, thanks!

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