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lovelygurl · Oct 27, 2007, 05:17 PM

I'm sorry, but I don't know where to put this and I'm sort of desperate right now.

Cali unemployment sent me a determination that they're going to cancel two to ten weeks of my benefits, because I turned down work with a temp agency in the earlier part of the year.

First a little background. The agency in question only sent me out on ONE assignment which I accepted. They said they called me for a second assignment in which I told them that I wasn't interested and to only call me for permanent positions. I honestly don't remember this conversation taking place. Also, this probably explains why they consistently take my weekly availability and NEVER call me. I'm very disappointed with unemployment for punishing me like this, because in actuality, I don't believe I did anything wrong. I don't even remember this conversation taking place. If I did say no, it was probably because I had an interview to go to.

I'm going to be appealing the decision, but I need help in what to say. How can ONE agency that I only worked with for FIVE DAYS mess up my benefits like this? What about the other agencies I've work for? Why don't they call them? It's like they WANT to take my money from me.

Has anyone here ever won a UEI on appeal?

Fr_Chuck · Oct 27, 2007, 07:47 PM

Part of the requirements to receive unemployment in most states ( each state has their own laws and requirements) is that you are available for work, and also that you do not refuse any work ( within the hourly wage that you have to accept) if you refused any work, this is grounds to be denied for the time that job may or would have worked normally.

And you would have course have to report all of the incomes.

But often appeals are won if you can show some good evidence of why

lovelygurl · Oct 27, 2007, 08:16 PM

Originally Posted by Fr_Chuck

Part of the requirements to recieve unemployment in most states ( each state has thier own laws and requirements) is that you are available for work, and also that you do not refuse any work ( within the hourly wage that you have to accept) if you refused any work, this is grounds to be denied for the time that job may or would have worked normally.

And you would of course have to report all of the incomes.

But often appeals are won if you can show some good evidence of why

They want to fine me up to 5 weeks for not accepting 3 days work! That's horrible no matter how you cut it. I don't even remember talking to this agency about this so-called assignment and I have no proof that it didn't take place.

How am I supposed to pay my bills? I don't have any "evidence". What if I turn down an assignment for a PERMANENT JOB interview? Is that still bad? Of course, I don't have it written down, because I didn't think something like this was going to happen. I've been honest with ALL of my temp assignments. I find this ridiculous. I really, really hate TEMP WORK in Los Angeles. It's very few and far between and completely not worth the effort.

I've decided to work retail and call it a day. Trying to get an office job here is just too much to go through at this time. :(

lovelygurl · Oct 28, 2007, 08:10 AM

You know what? Forget it. I don't want to know how to fight it. If they want the money that bad they can have it. Two to five weeks of lost benefits is extremely harsh for turning down three days of work.

I thought Unemployment was something I had a right to. It's not like I'm asking for public assistance. To hell with it. Let the state of California rot.

s_cianci · Oct 28, 2007, 08:22 AM

Contact your unemployment office and inquire as to what the appeal process is. Document everything you've told us here. Keep in mind that you are expected to accept any employment that becomes available to you and that can result in a reduction of your benefits. Keep careful records of what hours you're offered to actually work. You should be able to collect benefits for the times when you're unable to work due to lack of availability. You should get the agency to give you something in writing that any employment offered will be temporary on strictly a week-to-week basis. Also, when you go for interviews, if you don't get hired or the position, ask the prospective employer to give you a written "rejection notice." Same goes for any inquiries you make but it turns out that there are no positions available ; get t in writing. That way you can document your job search and prove that you've been attempting to find work.

lovelygurl · Oct 28, 2007, 10:11 AM

Originally Posted by s_cianci

Contact your unemployment office and inquire as to what the appeal process is. Document everything you've told us here. Keep in mind that you are expected to accept any employment that becomes available to you and that can result in a reduction of your benefits. Keep careful records of what hours you're offered to actually work. You should be able to collect benefits for the times when you're unable to work due to lack of availability. You should get the agency to give you something in writing that any employment offered will be temporary on strictly a week-to-week basis. Also, when you go for interviews, if you don't get hired or the position, ask the prospective employer to give you a written "rejection notice." Same goes for any inquiries you make but it turns out that there are no positions available ; get t in writing. That way you can document your job search and prove that you've been attempting to find work.

Thanks s_cianci for the wonderful information, but I've decided not to appeal.

For one, I know if given a hearing date they're going to ask me for everything you just listed - PROOF. And I don't have any. Not only that. I don't want them digging with any other agencies if I've ever refused work, cause truth be told, I have refused a few jobs. Mostly due to distance (2 hours) or very low pay.

I'm sorry, but I didn't know California's employment situation was so horrible. No wonder there's a flux of retail jobs available. Trying to get an office job is like hitting the freakin' lottery. Well, I shouldn't say California as much as LOS ANGELES. It really is who you know here, whether you can handle the job.

bearfoot4 · Apr 10, 2009, 08:57 AM

I was a cocktail waitress at the Sands Casino for 26 years. When the closing was announced, Unemployment held classes there for us to explain the process. And when I collected, the rate was $425/wk. In April, I got a job as a restaurant hostess at $10/hr. When I was a CT waitress, 30hrs/wk. was full-time. So I thought 25-30 hours a week for this job was full time. In Dec. my hours were cut and I again received $425/wk. When my hours were reinstated in April, I again mistakenly thought I was full-time. The same thing happened in Dec. 09. Mid Dec. Unemployment said I had to file a new claim. Now instead of $425/wk. I'm getting $167/wk. Besides misunderstanding "full-time", I thought the same money would be there each time I opened a claim if I didn't claim the whole amount. Like rollover minutes. So I've cost myself that money not to mention the extensions I would have been elibile had I done things properly. First I appealed to Unemployment. A woman called me and asked if I'd read the Blue Book that comes with each work packet unemployment sends out when a new claim is filed. I admitted that I'd not as I thought I had full knowledge from those sessions at the Sands. She said by admitting to not having read the book, I've pretty much lost my case, but that I could appeal. So I wrote and faxed the Appeal Tribunal. And the results were the same. I told this woman that although I now know I'm at fault, I want to appeal the entire system. Now I have a telephone appeal scheduled on 4/16 with the Board of Review. By my stupidity, besides losing all this money, I am draining my bank account to pay for COBRA health insurance. Now I know you're thinking I'm dumber than dirt. I need a legal reason to base my appeal. Can I use hardship? Can I say I misundertood the meaning of full time? Or is there anything legal that I can claim?