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Can I win my appeal even if I was fired for misconduct due to a rule vilolation in California?

by RN
(San Diego, CA)

RN from San Diego, CA

I am an RN that was fired for personally accessing and rescheduling my son's pediatrician appointment in the computer system. There is a company rule that no employee may access their own medical record as well as their family members. I never accessed any medical information for my son, only the scheduling grid. Upon further investigation the company determined I had accessed both my own, my husband and both my childrens' appointments 12 separate times. My initial claim for UI benefits were denied. I'm getting ready to appeal, what should I write in the appeal letter or is merely writing I disagree with the decision sufficient without implicating myself? Do I even have a chance of winning my appeal? I didn't hurt anyone and I never accessed any medical information for both myself or my family members. I was confronted about this on May 19, 2010 and was still allowed to work with full access to all the computer systems until they terminated me on May 27, 2010. Even the EDD interviewer asked me why my employer allowed me to continue working and didn't suspend me pending the investigation. I was really hoping that the company would give me a second chance but unfortunately they decided to terminate me. Can you help me?

Hi RN,

Can I assume the employer has told the EDD you were discharged for a HIPAA violation or are they just calling this a rule violation?

Can I help? I can tell you what I would do if in your position. I can help you prepare a focused argument based on what this appears to be at first glance, an inadvertent mistake made in good faith due to your literal interpretation of the rule you were fired for. I can discuss what documents might help. I can get you mentally prepared for a hearing ..

I could even help you write an appeal letter, but my best advice on that subject is keep it simple and make it do the job it needs to do .. get a hearing scheduled.

There will be time to go into action and take care of preparing for the hearing after you send it off .. on time.

What I can't do is promise or guarantee that talking to me will bring about a win, only that I'll try my best to help you understand how you might win.

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Jul 01, 2011
claim denied
by: Anonymous

in may i was terminated for misconduct. meaning using profanity in the work place. 40 day prior to my termination it was brought to my attention that an employee was offended by a comment ive made three months prior. during a conversation i had with this employee i did mention the word bitch, this associate would constantly joke around with his supervisors and me his manager. i used the word bitch as a figure of speach and associate at that time took it as a joke and laughed. he never approached a member of management to speak his concern on this subject. prior to my termination i had spoken to this employee on regards his productivity and told he will be held accountible if continued with poor performance. thats when he decided to speak to the store manager. he brought up other aligations that i denied. i was asked to make a statement of my perspective. there was never especifc dates of when the comments were made or where they were made, no dates were given to me. there has been other managers make sexual related joke in the store to other employees and they where not subjected to the termination process. no follow up was done after i submitted my statements. process took more than 35 days just to terminate my position as assistant manager. even the store manager said this was not consistant through out our market team. how can i appeal?

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