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Appealing Denial of Unemployment Benefits

Cleveland, OH |

Four years ago I was promoted to a sales position. I accepted with the mutual understanding that I could have every other weekend off due to a custody agreement where I get my children every other weekend. Recently my direct supervisor had me on the schedule for a weekend that I had my kids. It was a common practice for me to put the dates on his calendar (which were marked on his calendar)for the weekends I had my children. I brought it to his attention a week before that he had me on the weekend I was to have my children. He responded "We'll get it figured out." I assumed he would straighten it out like he always had in the past. They waited until the Thursday before the weekend to try and get coverage for that weekend. When they couldn't find a replacement the general manager (the main boss) told me that I was scheduled to work that weekend and that I had to work. I told him I couldn't work because I had my children and did not have a babysitter. He told me if I didn't work I would be terminated for job abandonment. Needless to say I was terminated. My previous employer reported to unemployment that I voluntarily quit due to job abandonment. Unemployments ruling was that I refused a job assignment therefore they are denying unemployment benefits. Do I have any hope on an appeal? Thank you in advance.

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David Mallen

David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not intended to create an attorney-client relationship. If you need specific advice regarding your legal question, you should consult an attorney confidentially. Many experienced California labor and employment attorneys, including David A. Mallen offer no-risk legal consultations to employers and employees at no charge. David A. Mallen is licensed to practice law before all state and federal courts in California, as well as the California Labor Commissioner and the California Unemployment Insurance Appeals Board. Failure to take legal action within the time periods prescribed by law could result in the loss of important legal rights and remedies.

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