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California to Oregon Unemployment ordeal

On Lawyer & Legal » Employment & Labor Law

9,152 words with 4 Comments; publish: Fri, 01 May 2009 15:18:00 GMT; (80062.50, « »)

Alrighty, 1st post, how's it going?

Need advice.

---Well I worked for this big corporate parking company for about a year in california, grunt work. My girlfriend found a school in washington so I put in for a transfer with the california employer to officially relocate somewhere in the new area. Only once been to the new city but wanted to find a transfer first. Same company, different job site. So my old boss in california puts in for the 'transfer' apparently with the new boss in the new state that he apparently knew before hand. OK all gravy, I get the 'transfer', they sign away the paperwork and make it sound to me like I was a good employee, and they were making a good 'transfer'. Well two and a half months in at the new job site, the particular site has a lay off of about 5 people. Me being the last. OK well oregon has 1 of the worst unemployment situations. I couldn't bounce back, I'm a young guy, 20 years old with experience and college training. No work. OK the "economy" ,that's been the damn situation for ever. Well ok I'm out of a job, so my fellow employee's tell me to get on unemployment at least until work becomes available. I first try Oregon unemployment who twice(two different people) tell me I have to file through California given the time I had gained down there. OK so I file with California, I have the phone interview, everything is gravy. I get the UI benefits. They were ok'd and I have been collecting them for about 3 months. My last check, the one that I was going to be paying the rent with some how got "protested". I was thinking what the hell is this? This became a long week process of figuring out who was stopping my check. After getting in touch with the unemployment people telling me I have to wait til May 21st to get an interview!! I finally found someone nice enough to tell me who was actually making the protest, I contacted this individual and they told me it was my old boss down in california. I explained to the individual my situation and she agreed that I should have my benefits. SO I finally called my old boss and politely ask what the hell? (didn't use that word) I ask him if has record of my transfer, because someone told the protester I quit. He starts flipping around saying, "ahh well I don't know if we filed the paper work like that...hmm I don't recall". I'm pissed at this point but I don't let it slip because this man made the "transfer" happen. I never willingly "quit" my job and never would have, the deal was a transfer not a quit to relocate. He is saying, "well I don't know if a transfer was available at that time." I told him, "no, sir, you made that transfer happen. I never quit my job." I never had even been to the new location, he set it all up. I finally get him to say that he will look through his emails to find record because they felt like it was a good transfer, as I was a good employee. So he used that word but his actions are speaking different to me. I'm thinking he filed it that I quit. I'm afraid this is going to stick. When I got to the new location, I'm trying to remember if I had to fill out a new application. Would this make a difference? Where is this going? I know I never quit that job. That 'relocation', 'transfer' whatever never would have happened had it not been for the efforts of the california boss...

What can I do?

Worst case, I can live with them discontinuing my unemployment. BUT someone let me know if they will try to get their money back through collections. I can never pay that if I wanted to. I never worked on the side or nothing like that while on unemployment. Why are they protesting so late?

Please and thank you.

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  • 4 Comments
    • Please edit your first HUGE paragraph into several. It's very hard to read that big block o' text and many responders, including me, won't even try. It makes my eye buggy. Thanks. :)
      #1; Fri, 01 May 2009 20:53:00 GMT
    • I think the edit capability is time sensitive here...

      ---Well I worked for this big corporate parking company for about a year in california, grunt work.

      My girlfriend found a school in washington so I put in for a transfer with the california employer to officially relocate somewhere in the new area.

      Only once been to the new city but wanted to find a transfer first. Same company, different job site. So my old boss in california puts in for the 'transfer' apparently with the new boss in the new state that he apparently knew before hand.

      OK all gravy, I get the 'transfer', they sign away the paperwork and make it sound to me like I was a good employee, and they were making a good 'transfer'. Well two and a half months in at the new job site, the particular site has a lay off of about 5 people. Me being the last.

      OK well oregon has 1 of the worst unemployment situations. I couldn't bounce back, I'm a young guy, 20 years old with experience and college training. No work.

      OK the "economy" ,that's been the damn situation for ever. Well ok I'm out of a job, so my fellow employee's tell me to get on unemployment at least until work becomes available. I first try Oregon unemployment who twice(two different people) tell me I have to file through California given the time I had gained down there.

      OK so I file with California, I have the phone interview, everything is gravy. I get the UI benefits. They were ok'd and I have been collecting them for about 3 months. My last check, the one that I was going to be paying the rent with some how got "protested". I was thinking what the hell is this? This became a long week process of figuring out who was stopping my check.

      After getting in touch with the unemployment people telling me I have to wait til May 21st to get an interview!! I finally found someone nice enough to tell me who was actually making the protest, I contacted this individual and they told me it was my old boss down in california.

      I explained to the individual my situation and she agreed that I should have my benefits. SO I finally called my old boss and politely ask what the hell? (didn't use that word

      I ask him if has record of my transfer, because someone told the protester I quit. He starts flipping around saying, "ahh well I don't know if we filed the paper work like that...hmm I don't recall". I'm pissed at this point but I don't let it slip because this man made the "transfer" happen.

      I never willingly "quit" my job and never would have, the deal was a transfer not a quit to relocate. He is saying, "well I don't know if a transfer was available at that time." I told him, "no, sir, you made that transfer happen. I never quit my job." I never had even been to the new location, he set it all up. I finally get him to say that he will look through his emails to find record because they felt like it was a good transfer, as I was a good employee.

      So he used that word but his actions are speaking different to me. I'm thinking he filed it that I quit. I'm afraid this is going to stick. When I got to the new location, I'm trying to remember if I had to fill out a new application. Would this make a difference? Where is this going? I know I never quit that job. That 'relocation', 'transfer' whatever never would have happened had it not been for the efforts of the california boss...

      What can I do?

      Worst case, I can live with them discontinuing my unemployment. BUT someone let me know if they will try to get their money back through collections. I can never pay that if I wanted to. I never worked on the side or nothing like that while on unemployment. Why are they protesting so late?

      You're welcome...

      What you can do is wait until the denial letter comes... file your appeal, in writing... and use the proper sentence structure... I'm a young guy, 20 years old with experience and college training....sorry, but I think you can do better...

      The decision will be made in Calif. You'll know soon enough...

      #2; Sat, 02 May 2009 09:19:00 GMT
    • Thanks,

      Yeah I rushed the post. I appreciate the editing. Haven't received a letter as of yet, someone at EDD told me I'm going to have to wait until next month just for a phone interview. Well I got in touch with the protester. I got them to fax a document saying that I was laid off, too continue my unemployment checks, and to contact the california fools if there is any problem.

      The appeal process may just stick a thorn in my side for a bit.

      #3; Sat, 02 May 2009 09:38:00 GMT
    • Did you work at the new site in OR?? If so, all you will need as proof of the "transfer" is your pay stubs from the OR location. If you have those, I believe you will easily win the appeal.

      If you are scheduled for a telephone hearing (and you should be due to your location) read the hearing notice carefully. You will have the opportunity to submit exhibits but they must be sent before a certain date. The form will have that information on it. Submit your pay stubs as evidence.

      Good luck!

      #4; Tue, 05 May 2009 12:58:00 GMT