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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5126
Experience:  Extensive experience representing employees and management
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Hello, I am currently on unemployment, and my claim ends

Resolved Question:

Hello,

I am currently on unemployment, and my claim ends with the state of California at the end of November.

I am a veteran, and was offered a grant, from the state of California, to attend a Dialysis Technician class. I completed the class. I stuggled with the material for about half of the class. While I have two master degrees(one in Theology, the other in Special Education), there ws a conflict with the instructor, which effected most of the class. However, in my case, the instructor made me feel extremely unfortable. The instructor compared my looks in class to an older student, and got a class mate or two, to join in the comparison. On another occasion he made a pejorative comment about students with special education; we were not studying this area at the time. I then saw him hug a student in class;no other student was hugged, and we were not receving awards. On another occasion, the class was extremely loud, and a student in the class, formed a vodoo doll of the instructor. I then compalined to the Director and CEO of the company. She ignored it; upon the start of a new class, she received a complaint from a female student in the class. She then(about a month and a half after my complaint), asked me to note the incident in memorandum form; I complied. I asked why she had not addressed the issue earlier, and she replied;she thought it was a personality conflict.

Sorry for the background, but I thought it might be necessary in adressing this issue-

In any event, besides struggling with the first half of the class, I also had extreme anxiety, which impeded my ability to study as usual. In fact, I first failed the final exam, 76/80 and had to take it for a second time. There was a intense review class, going over the exact exam, question by question, with the answers. I received a 98 percent on that exam.

The class has been studing on their own(and there was some review by the CEO). The material was not discussed in depth, rather, the CEO would review practice questions with answers.

The class signed inofrmation for the satet exam, which will be held this Tuesday in Fullerton CA. One day in class, the CEO asked us, if we were ready, and indicated that we could take the exam at another time. Two days later, I emialed the CEO, asking to take the exam in September, 2012; I needed more study time. The CEO replied by e-mial, granting permission. I had previously discussed this issue with my unemployement advisor, and he was in agreement. I continued studying on Mon and Wed, from 8:00 until 12:00( the center was only open until 12:oo p.m. (there is documentation of this fact). I then told the CEO, that I would be taking a review class in Bellflower CA, which was $250.00; Ialso told her that I was outlining the book. This occured on last Wed. On Thur, of last week, the CEO submitted my name and paper work, for me to take the exam this coming Tuesday. I receved an e-mail on friday of last week( at night) informing me of the test date and time. I was alrmed, and wrote an e-mail to the CEO, asking for the situation to be rectified. The CEO repsonded on Sun that perhaps there was a miscommunication, that the CEO witnessed my study study patterns,a dn that I would go to a review class; she just decided, without consulting me( and I did not, in any way, state that I would take the exam in June). The CEO stated that I was ready.

On Monday, I went to the center, and studied from 8:00 until 12:00. The CEO asked if I had received her e-mail. I said yes, but I am not ready to take the exam in June. I had received her permission. She stated that she could not force me to take the dexam in June. I stated that, because the paper work was sent last Thursday, and the exam was on Tuesday, theer would not be enough time for me, to reschedule. The CEO satetd that she had sent the paper work about two to three weeks prior. The CEO left the room. I then called the exam center, and asked if there was any way that I could reschedule for September. The exam center staetd that because the CEO had sumittefd the paper work on Thursday of last week( which was not two to three weeksd prior, as the CEO had indicated sending the paper work.

I journaled the incident, with all communication, including e-mails, dates and times, and spoke to my unemployment advisor. He did not want a copy of the notes, but told me to retain it for my records. he then called the CEO, and spoke to the CEO, relating the incident. He said that The CEO stated that I was ready for the exam.

My question is, if I do not take the exam in June, will I negatively effect my unemployment? I will take the exam in September. I told the unemployment advisor that I was still not ready for the exam, and that if I took it in June, I would fail. He asked the area in which I needed review or assistance. I stated three areas: needle arm access; sign and symptoms of patient distress, and water treatment. He stated that well, we would see.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Fran-mod replied 2 years ago.
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 2 years ago.

Hi,

Yes, I am still waiting for an answer.

Expert:  Fran-mod replied 2 years ago.
Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.
Customer: replied 2 years ago.
Can you answer the question, or should I unsubscribe to the service?
Expert:  Joseph replied 2 years ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

No, this shouldn't negatively effect your eligibility for unemployment benefits, since you are still receiving training so you can find suitable employment, even though you need additional time to study for your exam.
Joseph, Lawyer
Satisfied Customers: 5126
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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