Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law
This answer was rated:

EDD decided that my leaving the employer was neither a discharge

nor quit but instead it...
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?
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 9 minutes by:
10/4/2012
Joseph
Joseph, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,299
Experience: Experienced employment lawyer, representing both management and employees
Verified

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.

Ask Your Own Employment Law Question
Customer reply replied 5 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.
Ask Your Own Employment Law Question
Customer reply replied 5 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.
Ask Your Own Employment Law Question
Customer reply replied 5 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.
Ask Your Own Employment Law Question
Customer reply replied 5 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.
Ask Your Own Employment Law Question
Please remember to rate my answer positively so I get credit for my work!

Thanks and best of luck!
Joseph
Joseph, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,299
Experience: Experienced employment lawyer, representing both management and employees
Verified
Joseph and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Ask Joseph Your Own Question
Joseph
Joseph
Joseph, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,299
5,299 Satisfied Customers
Experience: Experienced employment lawyer, representing both management and employees

Joseph is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

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:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
In the state of Ca, if we have a terminated employee filing
In the state of Ca, if we have a terminated employee filing a claim for unemployment that we are requesting a ruling against, should we include history with the claimant post their employment? For exa… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I just receive a notice of determination by edd. The code
I just receive a notice of determination by edd. The code 1279 … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I was fired by my employer after 42 years. I need to
i was fired by my employer after 42 years. I need to continue to work and am going to file unemployment while looking for another job. However, I am eligible to collect a pension from the company. Wil… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,316 satisfied customers
I wanted to know why my reason for being denied unemployment
I wanted to know why my reason for being denied unemployment was different than the reason i was terminated … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I separated from my employment on 9-12-2017. Thinking that I
I separated from my employment on 9-12-2017. Thinking that I would get another immediately, I did not apply for unemployment benefits until 10-10-2017. EDD started paying benefits one week after 10-10… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
I have employment law related question from an employer
I have employment law related question from an employer point of view. This is to do with California EDD.… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,003 satisfied customers
I got a letter from EDD saying there was an overpayment. I
Hi, I got a letter from EDD saying there was an overpayment. I remembered for a few months I did continue receiving unemployment but I don't remember filling out the certification, and my previous cer… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,393 satisfied customers
I've been missing work a lot due to chronic migraines. They
I've been missing work a lot due to chronic migraines. They are notated due to a head injury but they haven't tied the two. I've been in the E.R twice within a two week so and and one they thought it … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My daughter was denied unemployment for she was terminated.
My daughter was denied unemployment for she was terminated. She made a copy of some notes that her boss had in her desk. I believe she was under emotional distress and had a monetary loss of judgment.… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
I worked two jobs, one I had for many years and was part
I worked two jobs, one I had for many years and was part time 920-22 hrs a week) the other was over 60 hrs a week, the full time job I lost due to client entering a nursing home so I filed for unemplo… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I am fired. Applied for unemployment. EDD has asked to
I am fired. Applied for unemployment. EDD has asked to answer the questions below: 1. Why are you not working at the current company? 2. Were you given warning? 3. When were you given warningNeed help… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
I work full time for a big company---having SDI benefits in
I work full time for a big company---having SDI benefits in California. I also own a business - S Corp - sole ownership --no benefits or pay checks. I am ill...cannot work. I filed for medical leave o… read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
I had a business 2 years ago and own EDD money for the
I had a business 2 years ago and own EDD money for the taxes. I just got a notice from my work that they will be garnishing my wages at 25% every payperiod. I am barely making ends meet as it is. How … read more
KLAW
KLAW
Juris Doctorate
1,773 satisfied customers
I was terminated due to downsizing on June 20, 2017. I was
I was terminated due to downsizing on June 20, 2017. … read more
socrateaser
socrateaser
1,031 satisfied customers
I'm 64 years of age, and I'm in search of an executive
I'm 64 years of age, and I'm in search of an executive Engineering management position. No one is anxious to hire 64 year old executives, regardless of their elevated expertise. I am receiving unemplo… read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
Just finished talkin to an EDD representative for the
Just finished talkin to an EDD representative for the scheduled unemployment claims interview and it seemed one sided where the guy is siding so much in favor of my employer and was not in the intenti… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My former employee had just appealed the EDD decision and
My former employee had just appealed the EDD decision and changed her response from "being fired" to now "NRS 612.380 whether the claimant voluntarily quit with good cause""NRS 612.551 whether the emp… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,547 satisfied customers
I was on EDD disability due to having surgery on my knee. I
I was on EDD disability due to having surgery on my knee. I had surgery October 2015. I have been receiving benefits through out this time. In February 2016-May-2016 I sent paperwork explaining myself… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x