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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5048
Experience:  Extensive experience representing employees and management
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I was promoted and I requested directly to my AD, that I needed

Customer Question

I was promoted and I requested directly to my AD, that I needed training, and he personally would see to it. It never happened. I chose to terminate my job (18 years in the business) do to being singled out and harassed and was setup to fail. Is this considered Constructive Termination? I filed a complaint four months in advance to Human Resources 7 issues regarding the management style of the AD, and nothing ever happened. I was forced to to be put in a position to meet with the AD directly and discuss the issues. I was basically forced to resolve the issues myself with no backing from HR or no written documentation of improvement about my AD. I was under so much stress, my health was deteriorating. My AD knew I had knee surgeries and was in excruciating pain and could hardly walk. This was witnessed everyday both by my team members and clients. My regular hours were 40 hours per week, but I was working way over that, many weekends and was never compensated or paid overtime, my AD new this. I applied for EDD and was denied. I am trying to write a letter of appeal but need help. Can you please help me?
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.

My goal is to provide you with excellent service today.

Can you tell me if you believe that you were discriminated due to a protected characteristic (such as race, gender, sex, national origin) or were you harassed and singled out for other reasons?

Also, can you tell me if you were an hourly or salaried employee?
Customer: replied 1 year ago.

Hello, I don't believe I was discriminated, however, I strongly believe I was singled out and put into a position to fail as I am a long time employee. I was a salaried employee.


 

Expert:  Joseph replied 1 year ago.
Hello Kiah,

I would be happy to help you with your letter. I cannot actually draft it for you, but I can suggest things that you can include and can look over the final product for you and make edits, etc.

Unfortunately, this is unlikely to constitute a constructive discharge, but it's difficult for me to tell without knowing more specifics about your situation.

The standard for constructive discharge in California is that the employer "either intentionally created or knowingly permitted working conditions that were so intolerable or aggravated at the time of the employee's resignation that a reasonable employer would realize that a reasonable person in the employee's position would be compelled to resign."

However, this is more difficult than the standard you need to prove to get unemployment benefits due to a 'voluntary quit.' In order to receive unemployment benefits due to a voluntary quit, you only need to prove that a reasonable person in the same position who wanted to stay employed would also have left his or her job.

From what you've said, it definitely seems that you would have sufficient evidence to demonstrate that your working conditions (not receiving promised training, being harassed, singled out, and put in a position to fail) would have caused a reasonable employee in the same position to also leave his or her job.

What you need to focus on in your letter are those working conditions and that you did make a complaint to HR detailing your seven issues with the management style of your AD, giving your employer the ability to try to fix those issues before it became necessary for you to leave.

In addition to unemployment benefits, if you developed work stress, you also may want to apply for workers' compensation benefits. Also, if your knee surgeries have made you temporarily unable to work, you may also want to apply for disability insurance benefits.

(Unfortunately, as a salaried employee, however, your employer doesn't have to compensate you for overtime and you can be required to work extra hours, including weekends, with no additional compensation).

I hope the above information helps. Please let me know if you have any follow up questions or if you want to attach your letter for me to review.

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

Thanks and best of luck!

(See subsection D on the EDD's website here for more information on establishing good cause:

http://www.edd.ca.gov/uibdg/Voluntary_Quit_VQ_5.htm )

Customer: replied 1 year ago.

Hello Joseph, thank you for getting back to me. Let me draft a letter for your review. If I don't get back to you today, will I have to pay again for tomorrow?

Expert:  Joseph replied 1 year ago.

Hello Kiah,

 

No, you wouldn't have to pay again for tomorrow.

 

You can just respond to this question, before or after you positively rate my answer.

Expert:  Joseph replied 1 year ago.
Hello Kiah,

I received your letter and it looks great. The only corrections I have are the following.

It should be "I tried to get time off for numerous occasions DUE..." not do.

Eliminate the inquiry about workers' compensation and disability insurance.

EDD can't inform you about workers' compensation. It's entirely separate. And, disability is an alternative to unemployment insurance. You can't receive them at the same time.

As far as suggestions go, I would recommend that you add some details on the type of harassment that you received regarding your sales numbers. Additionally, it would be helpful to state why you believe your AD set you up to fail, if you believe that he or she had some motivation in doing so.

I hope this additional information helps.

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

Thanks and best of luck!
Joseph, Lawyer
Satisfied Customers: 5048
Experience: Extensive experience representing employees and management
Joseph and 3 other California Employment Law Specialists are ready to help you
Expert:  Joseph replied 1 year ago.
Hello Kiah,

I hope the above information regarding your letter was helpful. Please let me know if you need any additional information or have any other questions.

If not:

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

If you don't rate me positively the website recoups your entire deposit and I get nothing for assisting you. Since I need the money WAY more than they do, please rate my answer positively!

Thanks again and best of luck!
Customer: replied 1 year ago.

Attachment: 2013-06-26_223935_edd-letter_of_appeal.pdf

Hello Joseph,

 

I've gone through the letter of appeal and made changes per your advise. I also would like to ask if you could review it one more time and provide me your opinion.

 

I tried yesterday to send the attachment in pdf format, but could not though this way. I'm not sure how to go about in doing this.

 

Thank you kindly,

 

Kiah

 

Expert:  Joseph replied 1 year ago.
I'm glad my suggestions were helpful. You can send the new letter through customer service as you did before. (If it's a word doc, you could likely attach it, as PDF files are much larger and don't go through for that reason). I would be happy to take a look at it and give you additional suggestions.

As a good faith gesture, I would greatly appreciate if you rate one of my previous answers positively prior to me reviewing your updated draft.

Rating my answer does not close this question and you can continue to reply to me here (and I will continue to answer you).
Customer: replied 1 year ago.

Hello Joseph,


 


I responded with high reviews.


 


Kiah


 

Expert:  Joseph replied 1 year ago.

Hello Kiah,

 

I think you made some great additions. I think the part about other managers also quitting due to intolerable working conditions is extremely helpful for your appeal.

 

I'd say it's good to go.

 

Best of luck!

Expert:  Joseph replied 1 year ago.
Hello Kiah,

Thank you for your positive rating of my service!

Please contact me on JustAnswer should you have any further legal issues.

You can contact me by placing ‘To Joseph’ at the beginning of your question and/or requesting me directly in the California Employment Law category.

Thanks again and best of luck!

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