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Denial of appeal, where do we go now?

by Anonymous

My boyfriend was recently denied unemployment benefits after his phone interview with EDD, and I am hoping to find some information on his qualifications for appeal. During the interview, the grounds that he was given for his termination was using company products for personal gain, attendance, and a mistake he made with a single client. He had worked for the company for 5 years, and I do not believe anything regarding company policy was signed by him at the time he was hired, or afterward.

Using company products for personal gain came out of left field, and neither of us can think of a single instance where that would apply (he worked at a window store).

He was written up about attendance two years ago, the specifics of which I'm not clear on. The company was open Monday through Friday, with a "rotating" Saturday schedule that was often decided among the employees spur of the moment. He was never required to work Saturdays, and rarely did. As of the past two years, he was also never written up or reprimanded for not coming in on a Saturday. The day before he was terminated, he called the shop to take a personal day (having not used any sick time, vacation, and wanting to be honest with his employer) and spoke to the only other person in the office (his boss was out, presumably with his newborn), who passes along the message. His boss called him that evening and left a message along the lines of "don't come in tomorrow until you call me back." He was given the option to fire or quit. Not feeling in the wrong, he chose to be fired.

The mistake he made with a client was that he forgot to call them back regarding their order. His boss now claims he mis-quoted their sale as well, which is inaccurate, although those files remain with the company.

My biggest concern is the unlawfulness of the company in general; often times my boyfriend would not get a lunch (despite working a minimum of 8 hours a day, often more)
because there was no one to cover him. his job description grew with every passing day, and often he was the only one in the office, juggling multiple positions. Is there any good way to approach an appeal to this denial? We just need a good jumping ground...

Chris's Response to Denial of appeal, where do we go now?

Hi Erica,

I do believe by focusing more on those reasons you think your boyfriend might of had good cause to quit instead of focusing from the beginning on something that might of been helpful to show the employer's burden to prove misconduct wasn't sustained at the lower level appeal hearing, there now, isn't much jumping ground.

Additionally, since you related circumstances that I think might of been a voluntary quit in lieu of being discharged, it would of been important to know that for purposes of adjudicating unemployment claims, the burden to prove is still good cause, or misconduct as the reason for discharge.

Additionally, what you've told me on behalf of your boyfriend is like accepting a version of facts told second hand,(hearsay) without direct knowledge. So, based on what your boyfriend has told you about potential unlawfulness by the employer isn't focusing on the burden, or the issue that denied benefits, but what might of been developed into good cause to quit a job.

Why complicate things to the point of cluttering the real issue and who has the burden to prove misconduct.

Being accused by an employer of stealing product for personal gain is theft .. but the question I think is important to ask is how, or even if, the employer's plan include proof of that, or the plan is to just suggest it as being a reason to fire him.

Either way you decide to take this appeal though, I would begin by requesting the state's claim file and/or going well in advance of the hearing to see what's in that file before hearing, so you can prep any argument you might spy in that file (contains employer's initial response and answers given during the interview/investigation phasse.

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