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jenny415
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posted November 23, 2013 05:31 PM     Click Here to See the Profile for jenny415     Edit/Delete Message   Reply w/Quote
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Lioness
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posted November 23, 2013 06:53 PM     Click Here to See the Profile for Lioness     Edit/Delete Message   Reply w/Quote
I'm a mgr and have been to my fair share of EDD appeals..

It's all pretty standard... The company will "always" deny
The claim, because they don't want to pay for it..
The company in the "hopes" you won't appeal...

When you do, u still get the money (at least in California)
You will need to fill out papers, and be called to a hearing, between you and the employer.

What state are you in?
This process will vary from state to state..
In California, the employee wins 99.9% of the time.

I've as a manger have never seen the company win...
We have always had our t crossed and I dotted...

I have even lost a severe attendance case, and the guy didn't even show up for the hearing..

What you write down, will be given to the company at the time of hearing..
Both speak their sides in front of a judge, so to speak..
Then a decision is given a few weeks later...

The manger will go with your employee file, and will need to show your disciplinary action taken, write ups warnings etc... Also signed memos that you are aware of the policy... If you were fired for no reason, they won't have any of these things..
If it's a cardinal infractions, the company has to prove that you were aware of the policy..
Ie your signature acknowledging the policy.

My suggestion, don't stop the appeal, do everything exactly has the EDD request.. It's all just formality..

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Ellynlvx
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Posts: 4351
From: Mountain Gate
Registered: Aug 2013

posted November 24, 2013 01:39 AM     Click Here to See the Profile for Ellynlvx     Edit/Delete Message   Reply w/Quote
I won, too.

Just a phone interview.

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jenny415
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posted November 24, 2013 07:34 AM     Click Here to See the Profile for jenny415     Edit/Delete Message   Reply w/Quote
Thank you lioness for your thorough insight! Did you as a manager have negative feelings about someone after they applied for it? I guess I'm just worried that by doing this I may be blackballed by many restaurants/ social life in the city. I know it sounds lame but Ido t wanttobe hated for it. I really adored these people. Did you as a manager ever get reprimandedfor whatever was said (i.e. "my manager never warned me" etc.) Also, hey ellyn! Glad things worked out for you!

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Sandra018
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Posts: 277
From: Brooklyn,NY
Registered: Dec 2012

posted November 24, 2013 08:05 AM     Click Here to See the Profile for Sandra018     Edit/Delete Message   Reply w/Quote
I am an HR Manager and deal with unemployment in NY and tri state area all the time.
The only way your employer could win this is if you were fired for cause ( which seems like it for reading this), however you can always say that it wasn't communicated to you- the rules and regulations. Did you ever sign the company manual/handbook with policies outlined?
if no then you can say that the rules are not established..
The judge will lean towards you, as they always do,so use that.
Appear humble but prove your point.
good luck!!

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jenny415
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posted November 24, 2013 08:34 AM     Click Here to See the Profile for jenny415     Edit/Delete Message   Reply w/Quote
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Lioness
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posted November 24, 2013 11:16 AM     Click Here to See the Profile for Lioness     Edit/Delete Message   Reply w/Quote
quote:
Originally posted by jenny415:
Thank you lioness for your thorough insight! Did you as a manager have negative feelings about someone after they applied for it? I guess I'm just worried that by doing this I may be blackballed by many restaurants/ social life in the city. I know it sounds lame but Ido t wanttobe hated for it. I really adored these people. Did you as a manager ever get reprimandedfor whatever was said (i.e. "my manager never warned me" etc.) Also, hey ellyn! Glad things worked out for you!


No I don't have negative feelings.. It's expected..
It's all a formality..
Think of it this way.. What ever the person says, the judge will ask for proof with ur signature..
Meaning the mgr says she did this, and that..
The judge will then ask for a copy of the policy with your signature, then ask for copies of your write ups that you violated the policy.
Including verbal discussions in writing stating this is against policy. And that you violated it, and disciplinary action is being taken..
The words " up to and including termination" must be used..

Believe me, I've had every single firm, letter,notice, write up...
And the employee still wins...
I even had a small theft case, and the employee won..

If they set up an appt for a phone interview, then go with that....
Later on they may set up the office appeal... Just keep doing what they want...
Read all the papers, follow the instructions..


If you work for a big company most likely HR will go, but yes anyone can go..

As for when other companies call for reference..
By law employers can only answer certain questions..
Time with company
Rate of pay
Position
Rehireable. (Yes or no)
Can vary from state to state.
Anything other than that the x employee can sue
Plus they will want you to get off EDD.. So if you get a job, they won't have to pay for it anymore..

I work for a huge company, a Fortune 500 company and
We have a special number just for this, so no laws are broken...
So the person answering the phone is someone that has zero knowledge of the x employee...
They only have the info the law requires...

Just be honest and state your side, it's pretty much that easy..

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Lioness
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Posts: 6608
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posted November 24, 2013 11:32 AM     Click Here to See the Profile for Lioness     Edit/Delete Message   Reply w/Quote
I'll tell you a funny story...

The very first time I went, the employee didn't show up, it was just be and the judge...

We are talking, and all of a sudden, major alarms went off, bells were ringing... It was extremely loud.
I yelled (over the loud noise) what the heck is going on..
He said it's the quake out, we have to get under the table and wait...
I said what!! Are you kidding me!!!!
He said no.

So the judge and myself were sitting under the table in earthquake position for 5 mins or so....
Bent over with our hands covering or head...

It was California's very first quake out drill..
Basically ever government employee has a earth quake dill at the same time through out the entire state..
Like they do in elementary school...

Omg... Now that was embarrassing, and everyone laughed at that..

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jenny415
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posted November 25, 2013 12:19 PM     Click Here to See the Profile for jenny415     Edit/Delete Message   Reply w/Quote
Ha that's a funny story Lioness! I know earthquake drills all too well!!!! Thanks again for all the inside information. I'm filling out paperwork today for a new job so I'm calling the unemployment people after bc that's what they say to do after getting a job. So I am disqualified I think anyways.

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jenny415
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Posts: 372
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posted November 27, 2013 01:17 AM     Click Here to See the Profile for jenny415     Edit/Delete Message   Reply w/Quote
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Lioness
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Posts: 6608
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posted November 27, 2013 08:40 PM     Click Here to See the Profile for Lioness     Edit/Delete Message   Reply w/Quote
Just go with both, and accept the one that feels right for you..

Congrats...

That's awesome btw

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jenny415
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Posts: 372
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Registered: Aug 2013

posted November 28, 2013 05:27 PM     Click Here to See the Profile for jenny415     Edit/Delete Message   Reply w/Quote
Thanks, Lioness for your encouraging words! I think i am going to try and take on two jobs. I want to meet as many people as possible!

I hope you have a great turkey day.

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