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So I quit back on 12/7 after 21/2 years mostly for the general bullshit Fry's puts us all through; but the reasons I gave EDD were:
1."change in job responsibilities" - back in Oct. my position as Software Sup1 was dissolved
2."quit in lieu of fire" - after they got rid of my Sup1 position they threw me on an obnoxiously flooded sales floor, without training, in which it was nearly impossible for me to make draw
3."drop in pay, which wasn't disclosed to me before it happened" - the last week I was Sup1 they apparently changed the pay contract, I was not made aware of this until I picked up my check for that week and it was a whopping $225, and I was expecting my regular $500-$650.
I was denied UI under 1256 "not just cause." In addition to the reasons I gave EDD I also had several seizures due to stress (including a mini one AT work) in the days leading up to my VQ. I'm gunna appeal it because I've heard Fry's is notorious for not showing up and because I deserve it GODDAMMIT!
My Questions:
How true is it that Fry's doesn't show up, what are the chances they pull a no show?
If they don't show up will I automatically win?
If they don't show up, do I still have to present evidence and whatnot (I mean of course I'll go as prepared as possible)?
What things should I say on my appeal form?
Should I bring up the seizure thing (or any other stuff) even though I didn't previously disclose it, either on the appeal form or at the hearing?
What documentation would you suggest I bring to the hearing?
How hard is it to get my pay stubs and Employee file from Home Office and how long will it take to get?
Considering Fry's is currently being sued for violating labor laws, do you think I can somehow use that against them in MY case/appeal?
Any advice, comments, suggestions greatly needed and DEFINITELY appreciated!!
Thanks, former Cronies
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CommentAuthorSDCherryPicker
- CommentTimeJan 8th 2012
Why would you be allowed to recieve unemployment if you quit? Did you go look for another job before you quit? Did you have any sort of back up plan? Don't just do something without planning first. This is all on you. I got fired from frys for bullshit reason. You quit because you were dealing with bullshit. You are not gonna win. Even if they don't show up to contest this no judge in his right mind would let you recieve unemployment. Go start looking for a job. -
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I have been looking for a job. Been looking for one awhile before quitting even came into the equation. I did do research, similar reasons I listed were used as examples of "just cause" listed on EDD's website. Quitting DOES NOT automatically disqualify someone from UI, as long as the employee has "just cause".
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I wouldn't bank on winning the case....I don't see where stress could be concidered just cause. Seizures sound like a medical condition your employer couldn't possibaly be held responsible for.
I'd spend less time researching how to collect unemployment for quitting, and more time researching job openings that won't be quite so stressful on you. -
Double dittos on what the others have said about not getting unemployment because you quit. Quitting is almost an automatic reason to be denied unemployment benefits.
That said, there are several things you should talk to the EEOC about:
*Change in pay without being notified - that's a biggie. If Fry's didn't properly explain to you what your pay would change, that is something the EEOC needs to be aware of.
*Seizures caused by stress - if you have a doctor that can verify that your seizures were stress induced, and that your working conditions at Fry's directly contributed to this, the EEOC should also take a look at this.
*If Fry's is being sued for labor law violations, that may help. If the EEOC is already involved in this action, then they'll have the info on hand already. -
ObiWan:
That said, there are several things you should talk to the EEOC about:
*Change in pay without being notified - that's a biggie. If Fry's didn't properly explain to you what your pay would change, that is something the EEOC needs to be aware of.
*Seizures caused by stress - if you have a doctor that can verify that your seizures were stress induced, and that your working conditions at Fry's directly contributed to this, the EEOC should also take a look at this.
*If Fry's is being sued for labor law violations, that may help. If the EEOC is already involved in this action, then they'll have the info on hand already.
Very good advice. But again, there's the question of getting my employee file from them. Any suggestions on that?
And to everyone else: YES I AM LOOKING FOR A JOB! I'm not just sitting around waiting for free money; it's just a little difficult to live on $0 income until I do get said job. -
What you have to remember is that whether you get your unemployment benefits or not, largely depends on your LAST employer. If you can get someone to hire you just for a day or two of work...THEY become your last employer, and reason for unemployment changes from "quit" to "job over" or "lack of work"....making you eligible. When I moved here from another state, the unemployment office set me up with an inventory job that lasted only 2 days, so I could draw unemployment (and find a permanent job).
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CommentAuthorGuest 44342
- CommentTimeJan 20th 2012
Stress can be a winner.If it can be proven I know i won. get your self a work mans comp attorney and talk to him and present your case.I didn't think I would win but I did. But in the end they won they fired me after setting me up on different charges. -
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