URGENT: Please help! Pole Emploi just denied my right to allocation chomage

General Discussion
1

Hello!

As my period d’essai was terminated on July 15, I’ve aplied for allocation chomage (unemployment benefits) from Pole Emploi. However, I just got an email from them stating that, they’re not giving a favorable decision for it. The reason is:

  1. either I’ve voluntarily quite my last job (not true)
  2. or I’ve not worked 91 days or 455 hours sicne my voluntary departure, since my vuluntary departure (true).

Now, I knew that if I quit a job voluntarily, I’m not eligible for chomage. However, I didn’t know the second condition, that I’ve to work 91 days or 455 hours since my voluntary quit. In fact, I quit a position (CDI) on August 31, 2018 during their probationary period, to start a new one (CDD) on September 01, 2018. However, quite unlickly, I was fired from this job after a month. After this I was 6 months unemployed, and started a new job (CDI) on April 23, from which I was fired again on July 16. After this, I applied for unemployment benefits, which was denied just now.

They’ll have a meeting with me on August 7, but any help in this regard will be sincerely appreciated! In all honesty, I didn’t know that I’ve to work 91 days or 455 hours to regain my right to chomage.

Please help!!!

Also, I’m urgently loking for a job as a data scientist, applied mathematician, or statistican, and I’ve a PhD and postdoctoral experiences, with 6-7 months in working in artificial intelligence industry as well. I’ve been looking intensively on all social media and job sites, but if you know of anyone hiring, could you please transfer my CV? Thank you so much!!!

2

Yep, all the info’s here This happened to me after finishing a CDD back in 2006. I missed the requirement by a matter of days and so got nothing. Fortunately, I found other work and I hope you do too: bonne chance :wink:

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3

If I recall your previous posts correctly, you have had all sorts of concerns about your employment…

Sorry that you seem to have fallen foul of the Law.

Good luck for the future.

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4

Thank you for your kind words, much apreciated!

5

@an_droo Thank you for the link and kind words! I’m glad you found other jobs soon!

Thanks for the link, and I did some search on my own. Here’s what I found (link: Démission | Unedic.fr), and it seems different from the email by Pole Emploi:

Thus, when an employee has resigned from a job previously to the involuntary loss of his last job, he must have at least 65 days worked or 455 hours worked since that resignation to fulfill the involuntary unemployment condition.

Unintentional unemployment condition example 1

On the other hand, the employee can fulfill the condition of involuntary unemployment if he justifies at least 65 days worked or 455 hours worked, without voluntary new departure, since his previous resignation.

PRECISION

One or more times of employment without voluntary redundancy can achieve 65 days worked or 455 hours worked to neutralize the effects of resignation.

image

But the Pole Emploi email says this:

vous ne devez pas avoir quitté volontairement votre dernier emploi salarié,
ou
vous ne justifiez pas de 91 jours ou 455 heures de travail depuis votre départ volontaire au titre
d’un ou plusieurs emploi(s) perdu(s).

Now, initially I said condition (2) was true for me, but I’m having questions:

  1. Pole Emploi says I’ve not worked for 91 days, but Unédic says I’ve to work 65 days. Am I missing soemthing here? N.B. 65 x 7 = 455, assuming we work for 7 hours a day.
  2. Both Pole Emploi email and Unédic website (linked above) mentions 455 hours of work since the last voluntary departure. But in my case, after I voluntarily terminated a job, I worked from September 1 to 30 in a job (CDD terminated by employer), and April 23-July 16 in another (CDI terminated by employer). When I look at the “Attestation Pôle Emploi” for the second job (April 23 -July 16), I note that I’ve worked for 492 hours alone there. What am I missing?

However, after I was fired on September 30 (the CDD after my voluntary termination), I submitted only the information of the employer firing me, and not the one of the employer I quit myself. This was really not to cheat the system, as I had no idea about the ongoing situation, and only recently, I voluntarily added it to my Pole Emploi profile. So, is the decision to termintate the allocatin motivated by that old decision, as back then I hasn’t satisfied the condition of working 65 days or 455 hours? Because right now, my documents show that I’ve worked for more than 455 hours or 65 days since my resignation.

Thanks to anyone who got the patience to read this :slight_smile:

6

You really do need to go and talk things through at Pole Emploi.

If you explain everything to them, as you have tried to do here on the Forum - you might well find they change their judgement.

We can talk round and round the topic but it will not get you anywhere. It is them you have to convince - so give it your best shot.

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7

@Stella Thanks again! So the thing is: this morning I did go to my local Pole Emploi, which is the one responsible for my allocation chômage, and talked to two officers in charge. From what I understood, they admitted it was a mistake, and that I’d be getting my first allocation on September, for the month of August, and not for July. Perhaps they explained to me why I’d not get the one for 14 days of July (as my last employment finished July 16), but I didn’t catch it.

So, they admitted it was wrong: they saw the email, and assured me more than once that I’d nto be deprived of allocations (I didn’t notice all the legal points above in the morning though, just did an hour ago). However, I’ve often noticed that in France, people working under the same authority have different opinions or ask to submit different paperwork, hence my concern is: if someone else comes up and say again that I don’t deserve a chômage.

However, I’ve been summoned to a meeting regarding the above on August 7, which I’ll attend. But these two officers I talked to today said I don’t need to go because I already came to Pôle Emploi and they’d correct their mistake. I’ll go nonetheless.

8

Changes are underway and the requirements are being lengthened (you need to work for longer in a given timespan to qualify) so get along to pôle emploi and they’ll give you the latest (what they said in the letter I presume) requirements and give them your whole employment situation (although they should have access to that anyway.

Oh, and for the record, France is a bit bizarre : I’ve run my business for 7 years now but have no entitlement to unemployment benefit should I go under, that’s just the way it is, well for the time being… Macron wants to change that too have a look at this for the proposed/acted changes https://droit-finances.commentcamarche.com/faq/62011-reforme-de-l-assurance-chomage-2019-le-projet-macron