WORLD Law Direct Forums  





Go Back   WORLD Law Direct Forums > Labor & Employment Law > Other Labor Law Matters
REGISTER FAQ SEARCH Today's Posts Mark Forums Read
Personal Lawyer Legal Forms Calendar

How do I prove lack of demand for job skills?

Consult Your Own Personal Lawyer Now!
Reply
AddThis Feed Button
 
Thread Tools Search this Thread Rate Thread Display Modes
Old May 26th, 2007, 10:26 AM     #1
Unregistered
 
Unregistered's Avatar
 
Posts: n/a

Question How do I prove lack of demand for job skills?

I live in California, and have been receiving unemployment benefits since December 2006. In January, I attended a workshop at the One Stop Career Center where I was informed about extended training benefits, and spoke briefly to a counselor regarding this.

After five months of finding absolutely no job openings in my regular line of work, I considered returning to school for retraining. I tried very hard to get an answer from EDD as to whether I would be able to receive extended training benefits while I was in school, but the answer (if I got one) pointed back to "check off on your claim form if you returned to school and you'll have a phone interview".

So, I started a training course with a 'approved training facility' as listed on the EDD website, and had a phone interview a few weeks later (on May 10)

Today, I was informed that I was not eligible for extended training beneifts because "there is a demand for your job skills in your area of expertise in the marketplace". This is very frustrating, because, as I stated, I have not been aware of even one job opening inspite of checking job boards, websites, newspapers, etc. I have networked with everyone I can think of to "keep me posted" of any openings. If there is a demand for my job skills, I'd sure like to know who is demanding it.

I will appeal this decision, but does anyone have advice? Is there anything I can do to prove my position?

Thanks in advance for your help.
  Reply With Quote
Sponsored Links
Powered by U.S. Legal Forms
Old May 27th, 2007, 09:40 AM     #2
Top Level Member
 
randalljd's Avatar
 
Last Online:
Jul 11th, 2008 12:49 PM
Join Date: Mar 2007
Posts: 694

Default Re: How do I prove lack of demand for job skills?

You could also show search results at the major job sites; or even take an expert opinion in from a recruiter or other gov official.
randalljd is offline   Reply With Quote
Old Jun 11th, 2007, 08:51 AM     #3
Bryan
 
Bryan's Avatar
 
Posts: n/a

Exclamation Re: How do I prove lack of demand for job skills?

To the original poster,

FIRST, keep job looking while you are in school until this is finalized one way or the other. If they don't change their minds you need to show you were looking for work all along.

SECOND, the folks at the One-Stop don't have a clue about Unemployment Benefits procedures. EDD and UI are very separate departments now. Be nice to your One-Stop folks, they really do not know.

I just went throught this exact scenario. You want to start by determining what job they have identified for you. This may not be your problem but I was misclassified for the wrong job which is why they said there was plenty of work for me. The person who spoke to you on the phone is the one who made the decision about what you do and what work exists. Once you find out what job title they have classified you as doing, go to the 2 websites below and rummage around to see what the statistics are for your work (both what they classified you as and also what you really do if its different)...

http://www.labormarketinfo.edd.ca.go...ID=3&SubID=139

http://online.onetcenter.org/

I did appeal and fortunately the Administrative Law Judge did see that I was misclassified so he reversed the decision. You need to be well organized and show the judge you know what you are talking about. Treat it just like a interview. Dress well, be polite, no kids, no emotions, no accusations, just facts. Be prepared.

You will get a date for your appeal hearing, you will go to an office that (in my case) resembles a doctors office and sit in a waiting room. Go early because a clerk will hand you a file with all the documents in your case for you to review and being early gives you some more time to look through this. A lot of it is in EDD-speak abbreviations like CTB, TE, and the dreaded AA (Able and Available to look for work).

You will be brought into an office that has a big table with the judge behind a desk or on the far end of the table. The judge will turn on a recorder and ask you questions. WAIT for your turn to speak, the judges hate it when the recording has two or more voices at once.

IMPORTANT: The judge will be probably be very calm and will not give you any clues what he is thinking during the hearing. He will later review the tape, and check facts then make a decision and type it up. DO NOT EXPECT TO KNOW THE RESULTS until you get a letter from the judge's office in a couple (few) weeks. Read it carefully because sometimes it says "the claimaint is not ineligible" ... note the double negative grammar - it means you can be eligible if everything else is ok. The judge does not presume to know if you are 100% eligible, just if you are eligible for the particular issue at hand in front of him.

LAST BUT NOT LEAST... Be prepared to answer "Why do you think you have been unable to find employment?" ... Do ***NOT*** say "Because there are no jobs." Find out ***WHY*** there are no jobs and tell him that. Have facts if you can. Things like "the factory moved" or "the industry has changed and I am no longer qualified" are what they are looking for ...
*** be specific! ***

Also, what reason code did they quote in your denial letter (some number like 1234AB) ? I am also concerned because the "CTB" benefits you are refering to require you to "inquire" inside the first 16 weeks of benefits. If you didn't do that you will not get the "TE" (training extension - extra 6 months) benefits.

There are other rules too, like is the training for something in high demand and can the training be completed within 1 year. The key is they want you to get training that IN THE END will result in you getting work RIGHT AWAY in the field you are getting trained for.

Good Luck.
  Reply With Quote
Reply


Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:

Add Forum to Google Toolbar | Format Your Messages

Posting Rules

Similar Threads
Thread Thread Starter Forum Replies Last Post
Demand Letter to Bad Realtor/ Broker Eurick Landlord vs Tenant Issues 3 Jun 13th, 2008 11:47 PM
China rebukes west's lack of regulation FT_news China News 0 May 27th, 2008 07:20 PM
Got Fired for theft Civil Demand Notice inquiry Barb Small Claims Courts 0 Feb 22nd, 2008 05:18 PM
TRADEMARK INFRINGEMENT...$2.5 MILLION FORMAL DEMAND FOR DAMAGES ..PLEASE HELP!!!!! pepper Copyright, Trademark, Patent 2 Jan 22nd, 2008 06:09 PM
Frozen Accounts Lack of Communication Angel Miscellaneous Topics 1 Dec 9th, 2007 09:48 PM


All times are GMT -5. The time now is 04:45 AM.


Powered by U.S. Legal Forms

Subscribe

Use of the Forums is subject to our Disclaimer which prohibits unapproved advertisements, solicitations or other commercial messages, and false, harassing or abusive statements. All postings reflect the views of the author but become the property of WORLD Law Direct.

Questions and information submitted in the Forums are assumed inquiries for general information and not legal advice.

Copyright 2000-2008 by WORLDLawDirect.com, Inc.