Filing an appeal

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Filing an appeal

Post by Archived Topic » Wed Jan 02, 2002 6:03 am

I J.C. want to appeal a Department determination made by the Employment Developtment Department. I received a notice of overpayment through mail on 6/17/04, given the option to file my appeal within twenty (20) days of the mail no later than 7/7/04. An overpayment in the amount of $5272.80 has been charged to my account in connection with a claim for unemployment insurance. The Employment Developtment Department (EDD) claims that my benefits were paid before it was known that I had quit my job without good cause. My unemployment includes a penalty added in accordance with section 1375.1 of the unemployment insurance code which provides that when an individual has been overpaid benefits either because wilful false statements were made or relevant information was withheld, a penalty equal to 30% of the overpayment must be assessed. I am liable to repay this overpayment. Section 12419.5 of the government code provides that the state controller may collect any amount owing a state agency by deducting the amount owed from any amount, including a refund of tax or lottery winnings, that the state owes the debtor. I J.C. do not agree with the Employment Developtment Department's determination. I worked at Global Security as as a vital participant in the management process that help to prevent theft as a security officer. Everyone at work knows I am an independent, reliable hard worker; I was always on time, I never missed a day of work, and I was always at working on the days I was scheduled to work. Some of my duities consisted of supervising and patrolling a retail store or company against burglary theft, and attending to customers needs before and after emergencies. My supervisor and fellow co-workers knew I loved my job and that my work was always taken seriously. I have been trying hard to find employment before my benefits began on 05/25/03 and when my benefits ended on 05/08/04, I was unsuccessully still unemployed so I decided to file for extended benefits. After requesting an extension for benefits with (EDD) I was asked to fax EDD my California ID, Social Security, a Bill, and my last pay check from my last employer which was Global Security. I didn't hear from (EDD) after I faxed them copies of the three paper work they wanted so I called the EDD department to see if they received my fax with their three (3) request and it was at this point I was informed that I was being falsly accused of lying on my application with EDD. They claim I had quit work at Global Security when in fact I didn't. I know a co-worker who knows I didn't quit rather laid-off by Global Security. EDD claims they contacted Global Security and Global Security said I had willfully quit employment there. (EDD)claims to have contacted Global Security and a supervisor from Global Security is making false accusations on my behalf claiming I signed a document declaring my own termination for employment with Global Security, on the contrary, I never signed anything declaring I quit employement at Global Security. I remember a few weeks before I had been informed I was laid-off I had personally spoken with my supervisor informing him that I may not work as many hours as I have in the past because a friend of the family was offering me a temporary position at his store, although, it was not a for sure thing. I never told my supervisor I was quitting employment at Global Security, my only request was to not work as much hours as I did before because of another employment proposition that was pending, however, in the meantime I would still work for the number of hours I was given in the past. I am strongly aware there is a misunderstanding. I didn't sign a documentation declaring I quit Global Security, the only paper work I signed aside from the actual employment application for employment at Global Security was the day I given my uniform and after I was laid off from Global Security. I never quit from Global Security. There is definitely a mix-up. The only verbal request I made was to not work as many hours as I have because of another temporary employment opportunity that was pending.There has defintely been a great misunderstanding and I am very upset with what Global Security is saying about my own termination with them and the denied extended benefits from EDD. Never did I quit Global Security. I am still currently unemployed with bills to pay and now since my unemployment benefits have finished and my request for an extension for benefits was denied I am struggling in paying my bills. I am very upset with this matter and I don't understand how a department or supervisor can accuse someone without proof while at the same time misinterpreting a simple request from his employee declaring cutting down a few hours a week. If proof is what they want I know a co-worker who knows I was laid-off rather than quitting like the supervisor from Global Security is claiming I did to EDD.
Submitted by jacqueline chavez (daly city - U.S.A.)
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Filing an appeal

Post by Archived Reply » Wed Jan 02, 2002 6:17 am

Jacqueline, what did your separation/termination paper say when you left the job? If it indicated that you were laid off then you have no problem in collecting (assuming that our Canadian rules are similar in some ways). Also, do you have an Employment Standards office? This type of an office usually ensures that employers treat their employees in a fair way and ensure that their rights as employees are followed by the employer. If you feel that you were unjustly let go with out any reason you need to connect with such an agency if you have one.
Ahmed
30 of June,2004

Reply from Ahmed ELNamer (Dawson Creek - Canada)
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Filing an appeal

Post by Archived Reply » Wed Jan 02, 2002 6:32 am

Hi

This site might help
http://www.weblocator.com/attorney/ca/law/b22
May I also suggest you ask Global security for a copy
of the paper you were supposed to have signed.

Good Luck
Reply from Gary Wallington (Akolele - Australia)
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