Employment Law

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Employment Law

I'm seeing a California Administrative Law Judge for an

Customer Question
I'm seeing a California...

I'm seeing a California Administrative Law Judge for an Unemployment Insurance Appeals Hearing. I have to defend against Unemployment Insurance Code 1256 - Did claimant voluntarily leave his most recent employment without good cause - Also possibly 1030/32 - but that's on employer, not me. Is someone knowledgeable available to help prepare me for tomorrow's hearning?

Lawyer's Assistant: Have you discussed this unemployment issue with a manager or HR? Or with a lawyer?

I no longer work with the company in question. I have not spoken to a lawyer yet. I have only spoken to EDD to request the hearing when my unemployment claim was rejected. I did try speaking to my previous employer but they would not go on the record in any satisfactory manner.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I did not belong to a union. I was a full time employee. I believe I was considered 'at will', if that means I could be fired at any time.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I did submit a letter of resignation but I am appealing the rejection of unemployment benefits because I believe that I resigned WITH GOOD CAUSE, meaning my employment had been threatened and I had to put in a LOT of unpaid overtime to try to meet the standards of the job...

Submitted: 2 months ago.Category: Employment Law
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Customer reply replied 2 months ago
One of the things I need to know is, what, legally speaking, is considered "Good Cause" for voluntarily resigning? My direct supervisor made it known to me when I met with her that the program manager was unhappy with me and that my job was threatened. Despite doing a lot of unpaid overtime, I was not meeting the billing standards of the position. A problem I see is that I don't have proof of my claims. Unless the alarm system logs were recorded or computer logins were recorded, I can't easily prove all the unpaid overtime I put in. I didn't put the extra time in on my timecard because I knew I wasn't usually one of the top performers.
Answered in 6 hours by:
12/21/2017
Employment Lawyer: Marsha411JD, Lawyer replied 1 month ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,612
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

Thank you for the information and your question. First, can you tell me if you were an hourly paid worker? Also, what did you try to do with HR to resolve the pay issue before you quit? Finally, why do you think you were targeted for termination versus a different employee and what did you try to do with HR to resolve that?

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