How long does it take to receive a California Unemployment decision and the the benefit check?

I filed for unemployment in ca had my phone interview today is
My job wrote the reason I quit was because I moved out of state which wasn’t true I quit due to a lot of stress from the job and constantly being watched all the time it was too much and I didn’t want to work there anymore my question is this will I be approved I just did my phone interview so I’m hoping it went okay.

Hi Charlene,

Did you move out of the State of California? I can’t tell for sure, but I know why it’s important to ask the question, because if you didn’t actually move out of state .. it would be as if you created an additional issue that asks if you gave a false statement in an effort to obtain benefits and few like my answer when I discuss the potential consequences of doing that.

However, when someone is compelled by valid necessity to move out of the state, or far enough away from a job, to make commuting no longer practical, the fact may provide for the possibility of moving to be found as being with good cause in California.

But, then there’s proving good cause for the other reason you mentioned.

If it were me, and I could legitimately choose one, or the other reason when applying for benefits, and I thought I could win an appeal hearing for either reason, I’d definitely choose the less stressful path to say I voluntarily quit to move for good cause.. even though I know that still means I have something to prove about the reason I moved and HAD to quit my job.
Chris

My hearing appeal got denied, so i sent in another appeal to that detail and i just received the letter letting me know that it was received and they sent it over to be reviewed. how long does that take?

If by an another appeal you mean an appeal to the board of review, I can’t really say, except to tell you, if I hadn’t received anything in 4 to 6 weeks from the date of the appeal acknowledgement received, letting me know what had been decided about my appeal, I’d only then start wondering if it might be time to contact the proper appeal authority and find out what the hold up might be.

Chris – Unemployment-Tips.com

PS .. my concern is if your first level appeal for a hearing was denied, I would suspect you might of appealed untimely, and if you didn’t provide legitimate good cause in your second appeal to the board of review for an untimely appeal of a claim determination, the news might not be any better in 4 to 6 weeks.

I can tell you’re frustrated, but your unemployment advice for others, “I mean lie , cheat, kill, what ever you have to do will be justified.” is some really bad advice.

You voluntarily quit your job because you say a Home Depot in the controlling state of California (EDD) wouldn’t let you take breaks. But then you stated “They break the law, if I stay, I break the law.

I do not concur with that assessment, either way, it would be the employer breaking the law if they don’t allow non-exempt employees to take breaks mandated by California labor law, or if an employee works through breaks they are in fact entitled to by legal right.

Due to CA’s labor laws, (other states may only offer the minimum protection of the federal FLSA ..Fair Labor Standards Act) it’s still an employer, who indeed may abuse this power over subordinates to work unpaid through a required break (whether paid, or not) who is still held at fault for stepping all over a labor law.

Which is why in the end .. I believe your problems with the EDD, still being denied 21 weeks in and later .. began when you became the voluntary leaver (moving party) from the at-will employment relationship, before you had evidence to support the burden of quitting with good cause attributable to the employer.

It’s the problem because there is this concept that a moving party .. regardless, must make problems and issues known so the party breaking a rule can correct the problem within the working relationship .. before ending it.

Good thing too, or employers might think they can fire at-will, even without good cause and not even have to document toward a proposed theory for misconduct to be based on.

I’m sorry, but quitting with good cause .. isn’t any employee’s legal right .. unless they make it so, by documenting to show they forced an issue out into the open with the employment.

Generally speaking, an employee is expected to do this via the recourse made available to ANY EMPLOYEE TRYING TO PROTECT AND PRESERVE THEIR EMPLOYMENT .. BY FIRST GIVING AN EMPLOYER THE OPPORTUNITY .. TO ADHERE TO A STATE, or FEDERAL LABOR LAW.

It’s how one shows they would of preferred to continue working .. if not for the unreasonable employer.

Title 22, Section 1256-3(c) provides: Prior to leaving work, the claimant has a duty to attempt to preserve the employment relationship. Failure to do so negates what would otherwise constitute good cause.

21 weeks into to battle, i quit because home depot wouldn’t allow me to take my break. Idiots. They break the law, if I stay I break the law. Yet 21 weeks no pay for me. Thanks Edd. My wait is ending some day lucky my ol lady loves me and works, what would i do? To every one going thru this go to hearing employer dont show up 50% of the time and you win. Fight for your money. I mean lie , cheat, kill, what ever you have to do will be justified. I’m exhausted from it all and a bit depressed. I need a rich uncle
Sorry for spell errors all

You said that you would not be able to comment without more info. Well here we go. I was a union steward and because I was a union steward that pissed of a surgeon that works with the hospital that I used to work for. We had to file a ULP against the hospital because they made it a point not to give me a full time position that I applied for because of that. In the week that I was put on leave I had an interview with HR about a corporate compliance phone call I made about a hostile work environment. There was an error done by another employee and my manager blamed it on me. I said that I did not do it the other employee admitted to messing up and I was put on leave while they investigated this error. I then was gone for a full day from work for bereavement leave. I came back to work on Friday and was told to do a certain task. I did this task the same way I have always done this task for the last five years without incident. At one pm that day I was told to low census. I left and when I got home I called hr and told them that again they were in violation of the contract because they had other non union employees working doing my work. I told them that we would be filing a grievance. I got a call an hour later saying that I was put on paid administrative leave. The day that I was discharged from employment we asked them for proof in the way of pictures they were unable to provide us with pictures of the work that I supposedly did wrong. We asked them what instruments did I not clean correctly they said lumen style instruments. We asked them what trays do they belong with what type of surgeries are these instruments used on. They still could not answer that question even when we met with them on October 2, 2012. I asked those questions of my manager over the phone while I was in front of the judge at my hearing. My manager had no response to the questions I was asking. That is when the judge stopped me and said I can appreciate what you are doing but we need to continue on. I answered everything completely and honestly and the hospital was short tempered interrupted all the time. Now knowing the facts what do you think my chances are?

Tysha,

It sounds good for you as you tell the story, but as you must know .. administrative law decisions are in the details that are weighted with documentary evidence .. and in your case, your chances are all about the employer’s ability to prove the burden that sustains willful work related misconduct was committed by you.

Did the employer do anything, other than being rude, short-tempered and interruptive at the hearing, that has you concerned the decision might not go your way, or do you think the judge, given the employer had no answers .. just got the point you were making?

I went before the judge last Wednesday. I am waiting to hear the decision. I think that it went well. My former employer could not remember the date that I was dismissed on. They said it was August 17th however that was the date that they put me on the beginning of a three almost four week paid administrative leave. The judge seemed quiet surprised when I mentioned that I was on. Three week paid administrative leave. My former employer kept on interrupting me while I questioned my witness. When questioning my former manager about how things are done in our department the common response was I am not sure and I don’t know. When questioning my former manager the judge stopped me and said I can appreciate what you are doing here but I need to ask you to stop and move on because we are limited on time. They were late getting on the phone and they did not have their facts straight and they could not answer the questions that I was asking them. What do you think the likelihood is that I won my case?

I’m going to have to pass on taking a guess because I have no clue as to what the purported misconduct was and what I assume put you on the paid administrative leave.

I have called edd numerous times and never reached anyone. Is there a trick to this? I CA so behind it takes three weeks+ to get a determination from a phone interview? I have emailed edd and got a response for claim forms and did receive them does this mean I was awarded the claim?

Although I no can no longer recall the hold music of any one state’s unemployment department, I’ve been told that one trick that’s worked for others is to choose a foreign language option, as these people receive less calls, but are also happy to help in English as well.

I had my phone interview feb 23 and have not recieved my decision letter how long does this take?

You need to call as you should have it by now.

My guess is that they’ll tell you the determination has been sent. If so, you now need to make certain you document who you speak with and the date and time .. because if you need to appeal .. you could have a timeliness of appeal issue to deal with and you want to be proactive now about getting over that hump.

Chris

I haven’t received an EDD decision from hearing

Hi I resigned my job, due to a hostile environment. I appealed edd decision and went to the hearing, I told the judge that I resigned for so many reasons, and that included the unjustify warning letter that was given to me two days before I resigned. I believe it was an unjustify letter because what it says in it it not correct. The letter was given to me for failing to pay attention to details. This is what happened, The supervisor told me to withhold an isurance fee from each employee check, and I did not do it. Yes it is true that I didn’t do it because he failed to give names of the employees that approved it, therefore a week before he gave me the letter I reminded him that he has not given me the names that I was waiting for those names for me to start deducting those amounts, he told me that he was going to get back to me on that matter and all I got was a warning letter.

Here are the documents that I provided to the judge.
1. resignation letter-I spoke in regards my and other employees complaints that were given to the manager and he never did anything to resolve the problem, also I talked about how my supervisor make fun of me and my family because of my heigh. I also, mentioned that my supervisor’s attitude it is causing me to be under stress and can’t sleep at night.
Here are the evidence that I provided;
1. resignation letter
2. doctor’s note(talked to him about how stress I felt in my job)
3. email from me to another employee talking about my supervisor telling another co-worker about my family heigh and my height.
4. a letter to a manager signed 4 co-workers telling the manager that the supervisor was telling all of us that we all can be replace without cause.
5. also, at hearing the manager accepted that I complainted to him about the supervisor calling me midget, the judge asked him what he did to resolve the issue, and the manager said that he asked the supervisor and the supervisor denied everything.
I would like to know what do you think?
My hearing was on December 7, 2010 and I haven’t heard the decision.

Hi,

If I had a hearing on December 7 and had yet to receive an unemployment decision for that hearing .. I would be calling the phone number for the appeal hearing office located on the hearing notice to inquire where it is.

Chris

my hearing on 8/25 my manager stated that i was insubordination toward the manager excessive absenteeism….i did get written up for absenteeism i did give reasonable notice to him and i was not insubordination toward him which is not true.. what can i do? help please

Hi,

That is what this website tries to do, provide information and links to information so that you can help yourself.

But when you ask me to personally, help you by telling you how to prepare for an unemployment hearing .. tomorrow, I have to wonder if you really read any of the information I preface the nearly three thousand pages of Q&A’s with.

It’s not that I don’t care or don’t want to help you or anyone, when I can, it’s that I can’t help everyone to the degree you want without knowing the details and that takes time .. my time.

Hi, I have recieved UI benefits for 6 mths. My employers say the initial claim went to an old address and they have decided to appeal.
I worked my job from 01/05/2007- 02/11/2010.
In December we got a new manager. On her first day she took office she brought me my 1st written warning, for me leaving work 30 mins, early to take my daughter to the emergency room after she fell off the monkey bars, I did have 3 Dr. notes I ? the warning because I had never been in any trouble before this. She told me in Jan. all attendance issues would start over. i was 1 hr late to work in jan. I was wrote up as a no call no show. these write ups did not go with the employee handbook. I signed it anyway, on Feb. 5 I left work early to see my Dr. On Feb. 11th I was called in to sign my final written warning, i gave them my dr. note and refused to sign, they told me i was terminated. The hearing lasted 20 mins. when the judge questioned my employers they gave him the wrong date of my termination. they also told him the meeting was held on Feb. 10th when it was Feb. 11th. the documents they turned into the judge stated that the meeting was held on Feb. 11th. Do I have a chance of winning this?

Yes.

I have not received a result from my appeal in almost a month. The jude began badgering my employer and employer refused to testify under oath when asked. My employer also gave wrong dates and became hostile with the judge because employer were being caught up in lies. In the hearing my employer offered me my job back after all of this.

Can someone tell me what they think my outcome will be regarding the loss of income suffered for being discharged.

Hi,

Let me tell you what would be a better idea than asking for an opinion on this site. Call the CA unemployment appeal board and ask them why you haven’t received a decisions yet A month is too long to wait for a hearing decision.

Then you come back here and tell us what the decision says .. which I would hope be favorable to you.

Chris

I was fired from work, i filed for unemployment and i was awarded it, my old co. to edd i wasnt eligible and the state said based on the information given that i was eligible. My old co. filed an appeal and I just got done im there, They burried me in there with all the evidence. Im scared that I will lose, anyone have any advice. Does the state of CA side with the employer or the claimaint

They side with the side that proves what they have to prove .. to win .. that’s what a hearing is.

hey chris i won!!!thanks alot for all your help buddy.also wanted to ask you if your checks dont come in about two weeks who is that i call to get it going?

Wow, it’s turning out to be a good day in the unemployed neighborhood. Two good news messages already this morning:)

Look at the options in the second drop down box.

the whole hearing was oral arguments and it seemed like the judge was kinda badgering them especially when it came to the warnings.the whole hearing took about 15-20 minutes.kinda quick when everybody else hearings are taking a hour or longer.what you think chris you have been a great help to me would appreciate a lil feedback.thanks

Hi Jim,

That’s what a hearing is .. oral arguments through testimony and documentation.

The judge was looking for information from the employer that you had been made aware that your job was in jeopardy.

It doesn’t sound too bad to me Jim. It’s never a good sign when the judge starts badgering the employer and in fact gets them to rebut their own previous testimony .. the fact is that they couldn’t produce documentation to support the discharge was with good cause.

Given what you told me .. I’m getting a “positive feeling” for you.

You be sure to let me know!

ok thanks one more question.i caught my employer and h.r supervisors in a couple of lies at the hearing and was wondering if they could determine the outcome or decision.the first lie i caught them in was that they stated what i got fired for was part of my normal job duties when it wasnt.the judge asked my employer what my main job duties was and he stated driving a forklift as well as the duty that got me fired.(loading trucks).the judge asked me if that was true and i stated no driving a forklift was my main job duties.the judge asked him again and he stated that forklift was my main job duties.not loading trucks.also the other lie was had i ever had any previous warnings before and at first he stated yes and later changed it to no.i had never been warned before this.they had no documents supporting there case and the one document they tried to submit the judge said it wasnt necessary.