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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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In January of 2012 the company I worked for ended the job I

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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?

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 3 years ago.

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

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 3 years ago.

Yes.

I see. Then they are alleging you engaged in fraud. What misrepresentation do they claim you made? Are they correct?
Customer: replied 3 years 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.

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 and other California Employment Law Specialists are ready to help you

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.

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Thanks again and all the best to you.

Tina

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