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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5221
Experience:  Extensive experience representing employees and management
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Hello. I recently applied for unemployment. I had my phone

Resolved Question:

Hello. I recently applied for unemployment. I had my phone interview may 1. The interviewer asked me to turn in any doctors notes. I left work Due to a hostile work environment. I went to hr to complain and they did nothing. My health was being affected and my doc wrote a note. Edd said they wanted the letter. I also had two witnesses. Edd wanted to talk to them. Edd said they would call my work to verify. Edd never called my witnesses. It's now may 10. No letter, no new claim forms. ???
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.

Hello 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.
Would I have recieved a denial letter by now or does this seem like my claim is still being processed and I will get approved? I was told that I could file a claim especially if I had to quit because job was effecting my Health. I have a doc note and it was turned in. Do u think I have a good chance of being approved ?
Expert:  Joseph replied 1 year ago.

Hello Brian,

 

No, you wouldn't necessarily have received a denial by now, your claim could still be processed and you may still be approved. (EDD is very very overworked and understaffed, so oftentimes processing can take weeks and weeks if not months).

 

Yes, you can file a claim for unemployment benefits if you quit due to 'good cause,' which is defined as a reason that would make a reasonable person who wanted to keep employment leave his or her employment in the same circumstances.

 

It is not based on whether the workplace affected your health alone, the issue is also whether it would have caused a reasonable person in the same circumstances to also need to leave his or her employment.

 

You can read more about quitting due to a health condition (including a hostile work environment causing you stress, anxiety, etc.) here:

 

http://www.edd.ca.gov/UIBDG/Voluntary_Quit_VQ_235.htm#Quit Not on Advice of Physician

 

It would need to continue to be detrimental to your health or you had a reasonable basis for believing it to be so to get afforded unemployment benefits.

 

You can contact EDD online to find out about your claim at the Ask EDD site here:

 

http://edd.ca.gov/About_EDD/Contact_EDD.htm

 

Please let me know if you have any follow up questions.

 

If not, please remember to rate my answer positively so I get credit for my work!

 

Thanks and best of luck!

Customer: replied 1 year ago.
Thank you. Yes the doc and my therapist both wrote letters. They stated that my health was brig effected while working there and if I would have stayed my health would have been the issue. I suffered from high blood pressure and severe anxiety

The edd person said she would make a decision though by may 3. I wanted to know why she didn't call my witnesses.

Why do u think? The last question is my employer is know for approving all claims and I was told through the grape vine they are approving my claim. But can edd still deny me?
Expert:  Joseph replied 1 year ago.

 

Hello Brian,

 

They could be making an initial decision as of May 3rd, and then would decide whether or not your situation warrants a hearing. They also may be waiting to hear from your employer regarding whether or not they contest the benefits, and they may need to interview your employer and possibly they may not be available.

 

The EDD normally does not interview witnesses. That is typically done at the hearing stage. Unfortunately, I can only inform you based on my experience and knowledge of EDD, so I don't have any real way of knowing why they didn't contact your witnesses, but, as I mentioned, it would be very unorthodox for them to do so.

 

I think you have a very good case for receiving benefits, Brian, but I can't guarantee that that would happen. Unfortunately, only the EDD can approve unemployment claims. Your employer can only decide whether or not to contest your benefits. If they decide not to, it would definitely be very helpful to your case for benefits, but it doesn't eliminate the chance that EDD will independently decide you didn't have 'good cause' to quit.

 

All that said, you do seem to have a substantiated reason for leaving your job, so I think you should be granted unemployment benefits. (Even in the unlikely event that you are initially denied benefits and need to have a hearing before an Administrative Law Judge before you're granted benefits).

Joseph, Lawyer
Satisfied Customers: 5221
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you so much. This was helpful. Can I ask what is the usual time it generally takes to hear back ? I mean it was only may 1. And like I said my work is known for approving people. So is this a long amount if time I've waited ? That's the last question
Expert:  Joseph replied 1 year ago.

It typically will take at least two weeks to hear back from EDD after a phone interview, so, at the earliest, you should expect a response early next week.

 

Thanks again and best of luck!

Customer: replied 1 year ago.
Thanks again. Ok I just have one final question. You have been so great. Now I sent in the first claim form. I also applied to caljobs though I haven't uploaded my résumé yet. But they haven't sent me any new claim forms for last week and this week. I went to the automated system and it said I had to use the paper version but I don't get that. Does this mean I've been denied? Sorry I'm very stressed about this.
Expert:  Joseph replied 1 year ago.

Hello Brian,

 

You should ask EDD directly through the site that I gave you the link to about these questions.

 

They have more to deal with procedural issues than legal ones, as I'm not sure how the automated system operates.

 

I wouldn't assume that anything means that you've been denied, until and unless you actually receive a notification that you've been denied benefits.

 

(If you do, which I still think is very unlikely, you can and should apply for disability benefits).

 

 

Customer: replied 1 year ago.
Thank you very much. I didn't realized you can apply for disability after you quit. Thanks again. Ill let you knwinwhat happens. You are awesome. Great help.
Expert:  Joseph replied 1 year ago.
Thank you; pleas contact me if you need any further help!
Customer: replied 1 year ago.
Hey I wanted to let you know that I was able to access my edd claim account online and fill out the second claim form. I think that's a good thing that I'm able to do that. I'm very optimistic now. Happy Mother's Day to your family.
Expert:  Joseph replied 1 year ago.

Great to hear Brian!

 

Happy mother's day to you and yours as well!

Customer: replied 1 year ago.
Ok a letter came. It said that my first electronic benefit Payment has been processed. And my new edd debit card is being sent out. Does this mean I got it?
Expert:  Joseph replied 1 year ago.
Yes, that's what it means.
Customer: replied 1 year ago.
Yea but when I called the hotline it said that there has been no payment But the letter says I have it. Oh. Well. It's good.

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Joseph
Joseph
California Employment Lawyer
5221 Satisfied Customers
Extensive experience representing employees and management