Laid off while on leave, denied unemployment in California...
January 14, 2010 12:24 PM Subscribe
(Asking for a friend). My friend was laid off from his salaried job in California last year (employer ran out of money, usual story). He was on vacation at the time and had had to take unpaid leave to go on the (long ago arranged) vacation, as the employer did not offer any paid leave. He was told in his last week off that he didn't have a job to return to.
posted by crabintheocean to work & money (5 answers total) 1 user marked this as a favorite
He was denied unemployment by CA EDD, and given the reason that he had left his job voluntarily. That's not true, as he had been expecting to return and his employer wanted him back on a set and pre-arranged date. The ex-employer is not contesting the claim.
The only thing I can think of as a lay person (who deals often with labor issues but not EDD) that makes this sound tricky is that his last paycheck was for July, and he was laid off effective the start of September, meaning perhaps that he was not technically on payroll when he was laid off. Is this an issue?
Now his appeal is coming up, he has a letter of support from the ex-employer, and a couple of emails from the original arrangement of the leave, although not many. He does not have any documentation of the lay-off, it all happened verbally and he didn't push as he was hoping at the time to be re-hired in a month or two.
This all seems crazy to me, you lose your right to unemployment because you were away at the time you got the news? Can anyone tell me if this is correct in California, if my friend has any chance of winning his appeal, and if there's anything else that might help him win his case?