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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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Im from California. I recently resigned my from my job due

Resolved Question:

I'm from California. I recently resigned my from my job due to the daily stress. I would have normally been the first person to think this was ridiculous until it happened to me. I was experiencing regular panic attacks brought on by the stress from the job as a claims adjuster. This was completely effecting my job performance as well as my personal life in numerous ways. I was denied unemployment under the EDD Sections 1256 and 1260A. I disagree with this decision and would like assistance on how it's best to file my appeal. I need to file my appeal by June 4th.

I took a Leave of Absence (LOA) for 4 months to try and resolve the panic attacks. I entered counseling with a licensed psychologist 2-3 X per week for months. After the LOA I was scheduled to return to work. Once I told my employers I'd return to work within 30 days, the panic attacks started occurring a lot more frequently again. It was recommended by my psychologist (in writing) that I should not return to the the position of a claims adjuster due to the problems I was experiencing brought on by the job; however, I am available for other full time work.

I contacted my employer prior to my return date from the LOA and advised I would need to resign unless I could be moved to another position. My employer called me two days later and informed me there were no other positions I could transfer into. At that time I resigned from the company.

*I took a LOA to try and resolve the panic attacks
*I provided my employer an opportunity to place me in another position
*I sought psychological assistance

Currently, I'm unemployed and exploring opportunities for a career change. It's critical for my family to receive unemployment benefits while I make this transition.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Hello and welcome,

I am sorry to hear of your difficult situation.

What was the stated reason for the denial of your application?

Customer: replied 5 years ago.
I'm scanning the rejection letter to attach and send to you right now
Expert:  Tina replied 5 years ago.
OK.
Customer: replied 5 years ago.
page 1 - Debra EDD
Customer: replied 5 years ago.
page 2 - Debra EDD
Expert:  Tina replied 5 years ago.
Thank you for providing that. When you quit your job, the burden is no longer on the employer to prove that there was good cause to terminate you. Instead, the burden of proof is on you, the employee, to prove that good cause existed for you to quit.

This is often a difficult standard to meet and typically requires that the employee provide ample and clear evidence that a reasonable person would have been compelled to quit and that all other options were exhausted, including requesting reasonable accommodations from the employer under the ADA.

That is the type of evidence the commission will be seeking from you in order to approve your application normally.

If the employer had terminated you, and you were still able to perform your job, then the burden would be on them. But since you ended the employment relationship, the burden shifts.

Because of the difficulty in prevailing on appeals in this situation, it would be best for you to retain a local attorney to prepare and present the best legal argument after reviewing all of the facts of your case. If you did make requests for reasonable accommodations and the employer denied such requests, that would typically aid you, as would evidence that you explored any other options available to you, and that quitting was your last resort.

I hope you found my answer helpful, even if the law is not in your favor. I would be happy to clarify my answer if anything is not clear or you are looking for additional information. All the best to you!

Customer: replied 5 years ago.
Our appeal needs to sent by Wed. June 6th. I am concerned that we may not have enough time to hire an attorney and have them draft a letter our behalf.

1) Should we send the explanation that we provided to EDD then seek an attorney?

2) Do you know of a website or resource for the Sacramento, CA area (specifically Roseville, CA) that we can find a qualified attorney?

3) What specificly is this area of practice?

4) If you were to give an educated guess on the information you have been presented on the chance we would recieve unemployment, if we hired an attorney, what percent would that be?

Thank you very much for answering these questions. Once we have received a response we will accept the answser.
Expert:  Tina replied 5 years ago.
Hello again,

1) Should we send the explanation that we provided to EDD then seek an attorney?

ANSWER: Yes, if you cannot retain an attorney in time, do not miss the appeals date. Send in what you have and the attorney can try to amend it later.


2) Do you know of a website or resource for the Sacramento, CA area (specifically Roseville, CA) that we can find a qualified attorney?

ANSWER: Here is a link to an attorney referral service for Roseville. The CA bar can also provide referrals at calbar.org.

http://www.roseville.ca.us/gov/city_attorney/legal_services_assistance.asp

3) What specificly is this area of practice?

ANSWER: This should be handled by an employment law attorney who handles unemployment appeals.

4) If you were to give an educated guess on the information you have been presented on the chance we would recieve unemployment, if we hired an attorney, what percent would that be?

ANSWER: I think you may have a better than 50% chance if you retain an experienced attorney since they will highlight the strengths of your case based on the regulations and recent case law. It does sound as though you went through a lot and did not quit until it was clear to you that you had no other alternative.

Good luck to you and take care!
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