Legal Question in Employment Law in California

My x-employer filed an appeal that I was not fired or laid off , employee quit his job voluntarily .

They filed the appeal a year and half after I filed for benefits and the judge ruled against me the I quit my job with no good cause .

Story ..... I was sent home by the general manager of this car dealership due to my poor performance .

Two days after I went back to the dealership and quit because sending home by the general manager means you,re history .

I even told the EDD my story six months after I filed unemployment when they set a phone interview ,but they still qualified me for benefits .

Now the EDD is asking me to repay $28000.00

for overpayment !!!!

I my situation called << Constructive Wrongful Termination >> ?

Thanks


Asked on 3/14/11, 8:13 pm

2 Answers from Attorneys

Nope, your situation is called "you quit" and pulled one over on the EDD until the employer brought it to their attention and provided evidience. Quitting when you know you're going to be fired is about the stupidest thing you can do as far as collecting unemployment. The actual stupidest is collecting unemployment after quitting.

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Answered on 3/14/11, 10:13 pm
Terry A. Nelson Nelson & Lawless

Oh, you quit. That is what you told the company, what they told EDD, and why you lost the appeal. It is too late to argue the facts, that is what the appeal was about. What I don't understand is how this took so long, allowing a huge repayment obligation to run up. IF, IF, there was some kind of serious procedural error by EDD in delaying the proceeding and hearing, you might be able to argue against repayment. But, you'll have to make those arguments in your defense of the lawsuit they can bring against you. If you decide you need to hire counsel to help you argue, defend, negotiate, or try this case, feel free to contact me.

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Answered on 3/15/11, 11:44 am


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