I was denied for unemployment insurance. In what terms I should write my letter of appeal.Not sure who is contesting the UI

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My letter from the UI Department reads: YOUR ARE NOT ELEGIBLE UNDER CALIFORNIA UNEMPLOYMENT INSURANCE (UI) CODE SECTION 1256 BEGINNING 2/12/12 AND CONTINUING UNTIL YOU RETURN TO WORK AFTER THE DISQUALIFYING ACT AND EARN $2250 OR MORE IN BONAFIDE EMPLOYMENT, AND YOU CONTACT THE ABOVE OFFICE TO REOPEN YOUR CLAIM.THEN THE LETTER ADDRESSES CODES 1256 AND 1260A. I quit my job because my employer made my life miserable after filing a written sexual harrassment complaint with my HR department. I am very confused about this letter.I worked for 3 years and 2 months for this company. After 2/12 I made like 1400 dlls. Why do I have to justify making extra 2250 DLLS ?? How can I defend myself? I'd appreciate some advise Thanks, Candace

Attorney Answers

2
Andres Riveraortiz ·
Generally, the document that informed yopu of the denial should have the infoirmation about how to appeal. In Florida, for example, you have 20 days to appeal. As to language, usually a sentence should be sufficient Ex: To: [address to submit your appeal Re: Appeal of Denial Unemployment Benefits Case Number : _____________________ I hereby appeal the determination dated _________denying me unemployment benefits. Make sure that the appeal is timely and that you send the your appeal with receipt notification, such as certified mail return receipt requested. Also noite, that you may be able to appeal thru the internet if the unemployment agency in your state has such a service. If you are unsure what to do contact an lawyer in your state. You need to talk to an employment lawyer in your state to look at your specific situation . A good source to find on one is the National Employment Lawyers Association ( google NELA), they have a feature on their web site to find employment lawyers that represent workers in your state. NELA has a California affiliate, the California Employment Lawyers Association (CELA). To find a plaintiffs employment attorney in California, please go to the CELA web site. CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org, and you can search for attorneys by location and practice area. Good luck
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Michael Kirschbaum ·
Employees who quit there jobs are almost always going to be denied unemployment benefits, at least, initially. The burden will be on you to convince an administrative law judge that you quit with good cause. Here is a quote from the unemployment insurance code: "Title 22, Section 1256-23 (b), provides: . . . An individual who leaves work due to mere personal dislike, distaste, or minor inconvenience caused by working conditions leaves without good cause. If the working conditions are so unsatisfactory as to be intolerable to a reasonable person genuinely desirous of retaining employment and prior to leaving work the individual has taken steps to preserve the job . . . there is good cause for leaving the work. An individual who has good cause to leave work for intolerable working conditions is not required to seek an adjustment from the employer prior to leaving work if the employer is unable to remedy the working condition or has previously refused the individual's request for adjustment, or the individual knows that the employer has refused the requests of other employees for an adjustment of the same working condition." You should draft your appeal accordingly. You do not have to go into detail and tell the whole story. Keep it short and simple. That will be sufficient to get your appeal hearing. Save the evidence for the hearing itself. After you submit your appeal, obtain a copy of the entire appeals file from the UI Appeal office and be well prepared for the hearing. Make sure you bring with you 3 copies of all documents you wish to submit as evidence and have an outline of the testimony you intend to give so you do not forget anything. If you do not feel you can do this on your own, consider hiring an attorney to represent you. Good luck.
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