CA EDD Claim Denied Section 1256 Advice on Appealing

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Latest post 03-23-2011 2:31 PM by Raven777. 7 replies.
  • 03-22-2011 9:41 PM

    • Raven777
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    CA EDD Claim Denied Section 1256 Advice on Appealing

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    Hi,

    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    1) My husband had to withdraw from school because of health problems and so his funding was withdrawn, leaving us unable to pay rent so we had to leave immediately and without any funds for a new apartment.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!

  • 03-22-2011 10:00 PM In reply to

    Re: CA EDD Claim Denied Section 1256 Advice on Appealing

    The best advice I can give you is stick with number 4.  The trailing spouse payment of UI would hold up if the reason you left was for valid employment for your husband.  

    UI will not care one bit about the other three reasons.  NONE of them are good cause to quit a paying job and collect UI benefit.  

    1)  has nothing to do with you or your job.

    2)  transportation is NEVER the employer's problem.

    3)  in order to qualify for UI benefits you must be available and looking for work.  If you were caring for an ill relative then you weren't available for work.  Also your employer can make the arguement that your husband was free to go care for the son since he wasn't working while you continued to do so.

    If you can produce the employment offer for your husband and show that he is now working in UT you just might get this overturned on the trailing spouse position.  I don't see any other option but some of the other regulars here might.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 03-22-2011 10:43 PM In reply to

    • Cica
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    Re: CA EDD Claim Denied Section 1256 Advice on Appealing

    Raven777:
    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.

    So did you apply on your own?

     

  • 03-22-2011 11:18 PM In reply to

    • Raven777
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    Re: CA EDD Claim Denied Section 1256 Advice on Appealing

    Thanks for taking the time to respond. 

    Well if I had stayed in CA we would be homeless right now, as my former job was only part time and not enough to pay the rent; we would have been evicted with nowhere to stay.  If CA regulations would not consider avoiding homelessness 'good cause' to leave employment, then it is a seriously flawed system! 

    But thanks for clarifying how they might interpret things, I appreciate it.

     

     

  • 03-23-2011 11:13 AM In reply to

    • cbg
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    Re: CA EDD Claim Denied Section 1256 Advice on Appealing

    The thing is, unemployment is not a needs based system. It's not granted on how badly you need it; it's granted on the basis of your having good cause ATTRIBUTABLE TO YOUR EMPLOYER. California is one of the very few states that will even CONSIDER a trailing spouse provision as a valid reason for benefits - if you were in almost any other state it would be a flat, No.

  • 03-23-2011 12:53 PM In reply to

    • Raven777
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    Re: CA EDD Claim Denied Section 1256 Advice on Appealing

    Ok I see.  Perhaps CA could make that more clear in section 1256, which I did read.

    Thanks for the advice!

     

  • 03-23-2011 1:49 PM In reply to

    • Drew
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    Re: CA EDD Claim Denied Section 1256 Advice on Appealing

    It is an extreme long shot--but a compelling family medical need that required YOUR being there is a tiny shoe -if it fits.

    Care of Others

    In some cases, a claimant may refuse work because the prospective employment would prevent the individual from providing what he or she considers necessary care for a relative or friend.

    The illness of anyone who is not a close relative or member of the immediate family does not usually constitute good cause for refusal.

    Cases involving the care of an adult member of the claimant's family, in some respects resemble cases involving child care, but there are significant differences. The responsibility for care and the relatives' dependence upon the claimant is usually less direct, less urgent, and usually can be met without the continuous presence or supervision of the claimant.

    In considering cases involving care of parents or relatives, the following factors should always be considered:

    • The degree of the claimant's obligation.
    • Whether the claimant's actual presence was required.
    • The amount of care necessary.
    • Whether the claimant investigated all alternatives.
    • Whether the available alternatives were reasonable.



  • 03-23-2011 2:31 PM In reply to

    • Raven777
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    Re: CA EDD Claim Denied Section 1256 Advice on Appealing

    Ok, thanks for the info.  I really appreciate your taking the time to reply.

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