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Denied in CA for Section 1256

by anon
(ca)

I have an appeal hearing tomorrow and have just stumbled across your website while completing my research. I was terminated by my previous employer at the end of November 2008. I had worked there just short of 1 year and was given no reason from the office manager at the time of my termination other than, "It's not working out."


When I received my phone interview from EDD, the interviewer stated that the office manager had heard from other employees that I was "trying to be terminated so that I could collect unemployment and not work." I explained to the interviewer that this was completely untrue and that there was no way that I could survive on EDD income as the single mother of three children.

I believe that the true reason for my termination was that I had sent written responses to two prior written warnings provided to me by my employer at the end of October 2008.

I was ill the day prior to my termination and had provided proper notification to my direct supervisor. I received an email from her stating, "Hope you feel better. See you tomorrow."

During my time home sick, I was able to complete my responses to my warnings. I was delayed in preparing them due to the fact that I was carefully researching each allegation. (basically they were warnings to be more concentious in entering data, etc. Typo's, etc. Nothing intentional. I also provided documentation that one of the incidents occured on a day that I was on vacation and the office manager, my boss' wife, was sitting at my computer receiving and sending emails from my company email.)

When I arrived to work the next morning, I was called into the conference room and immediately dismissed because "It wasn't working out."

I feel that I have a pretty clear cut case but am a bit concerned due to the fact that there had been prior written warnings. Please advise. Thank you!


Hi Anon,

Had there been a final written warning?

Do you have three copies of the documents you'll be submitting? Is there anything in the rulebook that would be useful to prove the employer has not followed their own rules as far as discipline, investigations?

Did the employer submit the written warnings?

A hearing is unlike a claims interview. I quite frankly am surprised by some of the determinations and wonder always about how some of them are arrived at. I suspect, there are many new and inexperienced new hires at the EDD, just as there are in most states nowadays and I also wonder if there are some federal mandates I'm not aware of with regard to determinations.
In addition I wonder if a state's insolvent fund has any bearing on initial determinations.

The employer has set the stage. She is claiming she discharged you because your co-workers accused you of trying to be fired, but why wouldn't she speak to you about an allegation? What she did not fire you for was "poor performance".

The allegation she chose to fire you for has nothing to do with poor performance. She has chosen something that has the ability to provide good cause for a one time act.

So she needs to now prove it in front of an ALJ. What does the employers rule state about the procedure for handling this type of situation? I believe a reasonable person could first expect some type of investigation from their boss, not just to take the word of an angry? or jealous? co-worker.

In addition, if she presents this information without benefit of testimony from the people that actually told her .. that's hearsay and does not carry as much weight as your "direct" testimony denying it.




Have you read the CA Determination guide?CA Determination guide? If you have, you know it's good stuff and really does a good job of how determination are supposed to be arrived at.

The ALJ that hears your case will be a lot more thorough than the interviewer. Raise your reasons why you think the employer discharged you. Just be completely honest and factual.






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Apr 15, 2009
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Denied in CA for 1256
by: Anonymous

There was not a final warning...the last "warning" I received was 11-20-08.

I will be making 3 copies of all documents that I may need to submit prior to my hearing, including a letter written by primary care physician stating that I was seen on 09-12-08 for depression and stress and was advised to take a medical leave of absence which I refused.

I am unsure what documents the employer submitted to the EDD. I truly believe that the reason that I was terminated was that I wrote written responses to my warnings. She never stated what my termination was for, just that "It's not working."

I feel that the letter from the doctor and my refusing to go out on medical leave (due to the fact that I could not survive on 1/2 my normal and customary income) would prove that I was not intentionally trying to lose my job.

I plan to be honest and factual...I have done quite a bit of research and have several emails, etc. I will let you know how it goes...wish me luck!

Any idea how long it takes in CA to get your decision? How long for retroactice pay?



Hi,

I do wish you luck, but you sound prepared which I think is commendable.

Hearing decisions don't take too long. I think you should get it sometime next week.

Thanks for stumbling by:)
Chris

Apr 16, 2009
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Hearing over
by: Anonymous

My hearing ended up lasting almost 3 hours today...ugh! The employer showed up with about 8 employees and an attorney. (even though my previous employer was a law firm)

The employer's contention seemed to be that I was discharged due to the fact that they had written me up 4 times due to inattention to detail. On one of the written warnings (not the last one), I was advised that my job could be in jeopardy unless I paid more attention to detail.

The ALJ seemed to really be pressing them for the reason I was not discharged the day of my last two written warnings. Their answer was that they discussed the following day, Friday, that they would discharge me on Monday. I was sick on Monday and instead discharged me on Tuesday morning when I returned to work.

My contention was that I was never given a written termination, verbal only. She had no reason as to why it was a verbal termination only. (I believe that it was because there was no intent to discharge me on Friday. I sent responses to two of my warning that Monday that I was "supposed" to be discharged at 3:45 PM and I don't believe that she had time to prepare anything before I returned the following day at 8:30 AM)

Also, when the judge asked if my final check was sent within 48 hours I told her that it was but that I was told during my verbal termination that they would pay me through the end of the week. They did. As a matter of fact, I was discharged 11-25-08 and paid through 11-30-08.

I'm hoping that I will hear soon! I'll let you know what the final outcome was!

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