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 Tina Your Own Question

Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 31910
Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
4460311
Type Your California Employment Law Question Here...
Tina is online now
A new question is answered every 9 seconds

In January of 2012 the company I worked for ended the job I

Customer Question

In January of 2012 the company I worked for ended the job I was doing as an HR Generalist in training. They tried to reduce me to a data entry clerk, but I am trying to pursue a career in human resources. I ended up parting ways with the company in April 2012. I filed for unemployment in California and my request was granted and I received about $20,000 in unemployment over the course of many months.

I then got a temporary job which ended three weeks ago, at which point I again filed for unemployment and had a phone interview with the California EDD. The EDD is denying my current claim and asking me to pay back all unemployment benefits I received previously, plus penalties. They are telling me that I was not fired and that I should have accepted the data entry job.

This strikes me as a failure or a mistake on their part, and in either case I do not agree with them that I must repay them the $20,000 plus penalties. They contacted my former employer in April 2012, but not since then, and I have verified this with my former employer.

I am working on writing an appeal, but I would appreciate any legal advice to help inform me of my options. I feel that the EDD is culpable (particularly since they checked with my former employer at the time my employment ended and approved my benefits).

What are my options here?
Submitted: 12 months ago.
Category: California Employment Law
Expert:  Tina replied 12 months ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Would accepting the data entry position have resulted in a reduction in compensation of 20% or more?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 12 months ago.

No it did not. i did hear rumors that my new supervisor wanted to reduce my salary but nothing ever actually changed.

Expert:  Tina replied 12 months ago.
I see. Thank you for clarifying that, Roseanne. Is the commission alleging that you misrepresented the facts on your application for benefits which you filed in 2012?
Customer: replied 12 months ago.

Yes.

Expert:  Tina replied 12 months ago.
I see. Then they are alleging you engaged in fraud. What misrepresentation do they claim you made? Are they correct?
Customer: replied 12 months ago.

Based on the phone interview and the letter I received from the EDD, they allege that I quit the company when in fact the position that was in was eliminated.


 


The Director of Human Resources informed me that the Vice President of Human Resources wanted to lower my hourly salary from $25 per hour to $15 per hour to be commensurate with the other data entry clerks that worked there.


 


In no way did I knowingly or willfully misrepresent anything to the EDD. If memory serves, I believe what I stated on my original application was that I left because the position I was brought in for no longer existed. That statement is accurate.

Expert:  Tina replied 12 months ago.
Ok, thank you so much for providing this additional information, this is precisely the facts you need to make clear on your appeal:

1. That your position was being eliminated.

2. That it was communicated to you by the Director of HR that the company intended to decrease your salary from $25 to $15 per hour if you took the clerk typist job, which would have resulted in a reduction in your compensation of more than 20%.

3. That at no time did you misrepresent the facts to the commission, but informed them that you quit because your position was being eliminated.

It would be wise to retain a local attorney to represent you in this case because so much is at stake. If there is a finding against you, you may be preventing from collecting unemployment in the future, ordered to repay the benefits received plus penalties and interest, and possibly fined and jailed. The stakes are high so I would retain an experienced professional to represent you although it does you have a good defense against the allegations.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina, Attorney
Satisfied Customers: 31910
Experience: JD, 16 years experience & recognized by ABA for excellence in employment law.
Tina and other California Employment Law Specialists are ready to help you
Expert:  Tina replied 12 months ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

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:

    849
    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:

    330
    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:

    3443
    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.