by Anonymous
(Bonita, California, USA)
I was denied unemployment under code 1256. “Statement of: You quit your last job because of health reasons. You did not request lighter work or explore all reasonable solutions.”
The interviewer did not allow me to explain and would cut me off when I tried, she would only allow Yes or No, that’s it.
There were many reasons I quit my job, this was a part time position working in a Smog Certification Shop about 20 hours more or less per week.
First, I was having frequent headaches and eye irritations due to being exposed to large amounts of smog for several hours at a time 4 or five days a week. When I became pregnant I felt it was time to leave for my health and my baby.
The second reason was the lease on our apartment was coming up in a few weeks and we needed to move, we moved about 30 miles away. Due to the long drive and expensive gas at the time it was simply not worth driving to and from work because my husband needed the car all day for his work.
Before we moved we lived only 5 minutes away from work and I could just drop my husband at his work and pick him up after I was off. It was simply too expensive and too much time driving to work for just $10 an hour and only 4 or 5 hours per day. I would have to drive my husband to work 30 miles and either wait for 4 hours to start working or come home and drive back at noon. My work schedule was from 12:00pm to 4:00pm or 5:00pm depending on customer traffic for that day.
Please could you advise me on how to approach EDD and what I need to say to them on my appeal?
Thank you for your help!
Hi Anonymous,
First of all, I think you need to focus your appeal. You mixed issues and the adjudicator based her decision on what she believed was the proximate cause for quitting.
If you want to know why she denied California unemployment benefits to you because of health reasons read this. (opens in new window) Pay close attention to the third paragraph under B. Quit not on advice of Physician.
Now for your second reason. Quitting due to time, cost and distance to travel. This also opens in a new window.
Your appeal should focus on the reason you think offers the best chance of proving you had good cause.
If you’d like to read past decisions on these issues click here.
Your big hurdle to get over will be your failure to make any attempts to preserve the work before you quit. You didn’t leave on the advice of a physician and you chose to move thirty miles away, but as you’ll read there are a lot of factors that go into making the decision. Since you know your situation intimately you are the one who can best decide in which direction your strongest argument lies.
Please come back and update your post for future visitors.
Chris