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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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EDD decided that my leaving the employer was neither a discharge

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EDD decided that my leaving the employer was neither a discharge nor quit but instead it was due to a mutual misunderstanding. My employer is appealing this decision and a hearing is set next week.

I was hired as a full time employee but after the tax season (from Jan to April) my employer converted me to part time with working hours of 20hrs per week. As work became scarce towards the end of May, they told me that they will email me my work schedule as it becomes available. By this time, I'm just working for 8hrs per week. During the week of June 4, they asked me to work on June 7 and 8. I came to work on June 7(Thurs) but on June 8 (Fri), I emailed them that I can't work on that day for personal/emergency reasons but said that I'll make up my hours on the following Monday to Wednesday (June 11-13). I emailed them around 8am, Friday. Usually, I get a response right away from them confirming my schedule. But Monday came, still no response from them, this was about 1pm. So I assumed that they no longer needed me for work. I sent them an email again saying that since they never replied to my email for my work schedule, I am assuming that they no longer needed me. I also included the hours for my work done for the last two weeks which was for 16 hours. They never contacted me after that.
But my previous employer is claiming that they sent me a couple of emails but I never got it. They are saying that since I never responded to the emails that they sent after the fact, which I never received, they are saying that I quit.
What do you think about my case?

Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

I think that you have a good claim for benefits, especially since you've been granted benefits and your employer is now appealing.

Since you sent an email to your employer stating that you were assuming that they no longer needed you and you did not receive a response back from them, this would demonstrate that your employer terminated you by not placing you on the work schedule.

Your employer is attempting to contest this by alleging that they sent you emails, but if the employer cannot prove (which it probably cannot) that you actually received these emails the employer would not have a valid contention against you.

Your employer would be alleging that you 'abandoned' your job by failing to respond to its emails and failing to contact the employer, but since you did send an email to your employer, and your employer won't be able to prove that you actually received the emails that it allegedly sent, that contention should be unsuccessful.

Customer: replied 4 years ago.

Hi Joseph,

Thank you for your quick response.


So you're saying that if I actually received emails from them after the fact, would that change the EDD's decision? They may show the Judge the email that they allegedly sent. I'm worried that they may throw that back to me?


It depends on when you would have received the emails, but, yes, that could potentially change the EDD's decision.

However, it is very difficult for them to prove that you actually received any emails that were allegedly sent, so it's unlikely that your employer could actually prove this, especially since you did not receive the alleged emails.
Customer: replied 4 years ago.

I know that this kind of hearing does not need lawyer representation, do you suggest that I get one or is it better to just represent myself. I've asked around about lawyer fees, wow, it's expensive.

No, it's not necessary to have an attorney at a hearing like this, and I doubt it would be helpful even if you were to hire one. If you actually lose on the appeal (which as I've stated, is very unlikely) then it would be advisable to hire an attorney.
Customer: replied 4 years ago.

Any other suggestions/comments/opinions on how do I go about the hearing? I would gladly appreciate it. I'm so nervous as I would be alone defending myself. My employer might get represented by a lawyer.



No, nothing I can think of, but I'll be happy to answer any additional questions you have here.
Customer: replied 4 years ago.

Do you think the judge will rule for the EDD's previous decision which is leaving due to mutual misunderstanding?

Yes, based on the facts that you've laid out I think that's the most likely decision that the judge will make.
Please remember to rate my answer positively so I get credit for my work!

Thanks and best of luck!
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