How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joseph Your Own Question

Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4881
Experience:  Extensive experience representing employees and management
Type Your California Employment Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

EDD decided that my leaving the employer was neither a discharge

Resolved Question:

EDD decided that my leaving the employer was neither a discharge nor quit but instead it was due to a mutual misunderstanding. My employer is appealing this decision and a hearing is set next week.

I was hired as a full time employee but after the tax season (from Jan to April) my employer converted me to part time with working hours of 20hrs per week. As work became scarce towards the end of May, they told me that they will email me my work schedule as it becomes available. By this time, I'm just working for 8hrs per week. During the week of June 4, they asked me to work on June 7 and 8. I came to work on June 7(Thurs) but on June 8 (Fri), I emailed them that I can't work on that day for personal/emergency reasons but said that I'll make up my hours on the following Monday to Wednesday (June 11-13). I emailed them around 8am, Friday. Usually, I get a response right away from them confirming my schedule. But Monday came, still no response from them, this was about 1pm. So I assumed that they no longer needed me for work. I sent them an email again saying that since they never replied to my email for my work schedule, I am assuming that they no longer needed me. I also included the hours for my work done for the last two weeks which was for 16 hours. They never contacted me after that.
But my previous employer is claiming that they sent me a couple of emails but I never got it. They are saying that since I never responded to the emails that they sent after the fact, which I never received, they are saying that I quit.
What do you think about my case?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.

Hello and welcome to JustAnswer.

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

I think that you have a good claim for benefits, especially since you've been granted benefits and your employer is now appealing.

Since you sent an email to your employer stating that you were assuming that they no longer needed you and you did not receive a response back from them, this would demonstrate that your employer terminated you by not placing you on the work schedule.

Your employer is attempting to contest this by alleging that they sent you emails, but if the employer cannot prove (which it probably cannot) that you actually received these emails the employer would not have a valid contention against you.

Your employer would be alleging that you 'abandoned' your job by failing to respond to its emails and failing to contact the employer, but since you did send an email to your employer, and your employer won't be able to prove that you actually received the emails that it allegedly sent, that contention should be unsuccessful.

Customer: replied 1 year ago.

Hi Joseph,


Thank you for your quick response.


 


So you're saying that if I actually received emails from them after the fact, would that change the EDD's decision? They may show the Judge the email that they allegedly sent. I'm worried that they may throw that back to me?


 

Expert:  Joseph replied 1 year ago.
It depends on when you would have received the emails, but, yes, that could potentially change the EDD's decision.

However, it is very difficult for them to prove that you actually received any emails that were allegedly sent, so it's unlikely that your employer could actually prove this, especially since you did not receive the alleged emails.
Customer: replied 1 year ago.

I know that this kind of hearing does not need lawyer representation, do you suggest that I get one or is it better to just represent myself. I've asked around about lawyer fees, wow, it's expensive.

Expert:  Joseph replied 1 year ago.
No, it's not necessary to have an attorney at a hearing like this, and I doubt it would be helpful even if you were to hire one. If you actually lose on the appeal (which as I've stated, is very unlikely) then it would be advisable to hire an attorney.
Customer: replied 1 year ago.

Any other suggestions/comments/opinions on how do I go about the hearing? I would gladly appreciate it. I'm so nervous as I would be alone defending myself. My employer might get represented by a lawyer.


 


 

Expert:  Joseph replied 1 year ago.
No, nothing I can think of, but I'll be happy to answer any additional questions you have here.
Customer: replied 1 year ago.

Do you think the judge will rule for the EDD's previous decision which is leaving due to mutual misunderstanding?

Expert:  Joseph replied 1 year ago.
Yes, based on the facts that you've laid out I think that's the most likely decision that the judge will make.
Expert:  Joseph replied 1 year ago.
Please remember to rate my answer positively so I get credit for my work!

Thanks and best of luck!
Joseph, Lawyer
Satisfied Customers: 4881
Experience: Extensive experience representing employees and management
Joseph and 3 other California Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    845
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    329
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3365
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.