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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4974
Experience:  Extensive experience representing employees and management
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I was denied unemployment benefits, yet my colleagues who left

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I was denied unemployment benefits, yet my colleagues who left on the same package as me, are currently receiving unemployment benefits. How should I handle my appeal so that I can win this? Obviously, my company is paying benefits, if only I know how to word my appeal. I am in Concord, CA and I felt forced to retire due to my company being sold to a private equity firm. Do I need a lawyer? Is it affordable? My email address is:XXX@XXXXXX.XXX
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Joseph replied 2 years ago.
Hello and welcome to JustAnswer.

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

Unfortunately, you were denied unemployment benefits since EDD determined that you left your last place of employment by voluntarily quitting without good cause.

You can still obtain unemployment benefits if you left your last job due to a voluntary quit, but you would need to have 'good cause' to have done so.

Typically, the sale of the business to a private equity firm would not in itself constitute sufficient good cause for you to receive unemployment benefits, but if you were to receive a pay cut (normally over 20%) and/or a significant change in duties that could be enough to substantiate 'good cause.'

"Good cause" exists "when a substantial motivating factor in causing the claimant to leave work, at the time of leaving, whether or not work connected, is real, substantial, and compelling and would cause a reasonable person genuinely desirous of retaining employment to leave work under the same circumstances. "

You can read more about establishing 'good cause' online here:

http://edd.ca.gov/UIBDG/Voluntary_Quit_VQ_5.htm

Unfortunately, there's little an attorney could do for you if you don't have sufficient 'good cause' to have left your last job, and most people do not hire attorneys for unemployment hearings, but if you feel that you would benefit from discussing your case with a local attorney, I suggest you contact one here:

www.lawyers.com

Typically, an attorney would charge hourly, and the minimum for a case like this would be at least $1,000, and probably more in the neighborhood of a few thousand dollars.

Joseph, Lawyer
Satisfied Customers: 4974
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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