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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5042
Experience:  Extensive experience representing employees and management
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At our appeals hearing, I presented what I thought were the

Customer Question

At our appeals hearing, I presented what I thought were the questions which the U.I. 1256-1256.5 asked. The witnesses who were district employees were supoepeaned yet the ALJ stated the District Human Resources Director could answer my questions. I immedidately informed the ALJ the answers I needed was required from those supoeaned. The ALJ supported the HR Director, by stating she may fill in as much but what since she is not at the site, she can't guess. This was my entire arguement, the ALJ totally blew me off.
Continuing my claim which included a hostile working environment and manager irreconsicable differnces. I introduced how since the Principal was out ill for 7 weeks, and during this time the Assistant Principals can and left when the wanted, delegated their workload mainly to me which included interpertations, parent conferences, suspensions, random classroom searches. All that is illegal because I am not a certificated teacher or hold an administrative degree.
My job suffered from these extra assignments, low job performance, high stress, ultimately I suffered a breakdown, and had to seek Psychiatric assistance. I took time off to adjust to the diagnosis and the medication, (2weeks).
Because of their continued misuse of staff I contacted HR Director Tresvant who sent Asst Superintendent to oversee, didn't stop.
I help meetings with immediate supervisor and union rep, presenting my views, AP cocky as the day he arrived failed to show for meeting.
The HR Director admitted she couldn't be all places and some unfair practices may occur.
She didn't deny my contacting her for assistance, but it was the judge who kept saying why didn't I continue with my Union.
I informed to the AIJ that have dealt asked the union President XXXXX XXXXX for 2 years to file a greviance and he kept putting it off. He wanted me to keep him informed through our site representative, but I had already told Mr. Davis our site rep had been compromised, she was now the Office Manager and the Union Rep. I didn't trust her.
Question:
I showed the AIJ how many other duties which included interpretation, Campus Security, Receptionist, Teacher Substitute.
All these position per the HR department were alright with the union contract as long as they didn't exceed 15 hours a week, which they were smart not to exceed.
I was deniel for; Failure of a claimant to request a leave of absence negates good cause for leaving work if the claimant was offerered leave, or knew, or should of known, of an established leave policy, and an effort to preserve the employment appeared reasonable in the circumstances (Precendent Decision P-B-256).
They are claiming I did nothing before quitting, I contacted HR, contacted the Union, got "butkus" on both.
As the extra duties took its tole, I became sick and was diagnosed with Major Depressive Order, still during my sick time off my supervisor would blow up my phione with questions, whats on schedule, what appointments, and my comment was "dude", you never check my emails to you, all rescheduled, "got it covered".
Please help me, have 2 days to write an appeal to the denial for benefits. Will consider any suggestions.
Sorry for the long letter instead of draft, key point, I believe I showed good cause, the AIJ felt I didn't investigate all my options.
Please advise,

Respectfully,

Jose A. Galvan
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.

Hello Jose and welcome to JustAnswer.

 

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

 

What question do you have regarding your situation?

Customer: replied 1 year ago.
In the above writing what more can I state I can put on the appeal letter to show my due diligence before I quit. ALJ keeps stating I didn't seek all other alternatives before I quit, the ALJ refused to listen that my Union reps suck.
Expert:  Joseph replied 1 year ago.
Hello Jose,

You do need to demonstrate that you tried to resolve the situation with your employer through HR and/or your union. This is called your 'duty to preserve the employment relationship,' and would include complaints about your increased and unfair workload.
Any documentation and/or testimony that you would have from HR or your union would definitely assist you in appealing the ALJ's decision.

You can read about the duty here:

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


Another thing to consider is filing for State Disability Insurance. Since you have been diagnosed with Major Depressive Disorder you would be eligible for State Disability Insurance if you lose your unemployment insurance appeal, and since you receive partial income replacement, it typically pays consdierably more than unemployment (although only lasts for 52 weeks) so you would likely receive (at least) the same amount in benefits.

You would just need a doctor's note stating that you cannot work due to your disability. Once your period of disability has eneded, you could have the doctor release you to work at long as you are ready and able to work again. You could then reapply for unemployment benefits or seek alternative employment.
Joseph, Lawyer
Satisfied Customers: 5042
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Expert:  Joseph replied 1 year ago.
Hello Jose,

Please remember to rate my answer postively so I get credit for my work!

Or please ask me any follow up questions that you have here, as I want to ensure that I provide you with the best customer service.

Also, please ensure that you give me a (very) high rating when you fill out your customer survey as it ensures that I can continue to provide help and assistance to other customers here on JustAnswer!
Expert:  Joseph replied 1 year ago.
Hello Jose,

I noticed that you only rated my sevice as "OK." Is there any additional information that you'd like or any follow up questions I can help you with?

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