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Fired wrongfully, denied benefits now appealing

by Melinda
(california)

Here is my story, I was text messaged to meet my manager at starbucks before my monday afternoon shift. Met her and she presented me with a paper stating they were putting me on a 1 week suspension for "poor attitude" . On the paper it also said not following policies but she didnt mention that to me at all. She said they supposedly received a negative comment card but did not produce it. I signed the paper only stating that I was being suspended from this date to that. My manager said she wanted me "to think about whether I wanted to still work there and we will meet in a week and discuss it". 1 week later we have meeting at the same place. She immediatly tells me that they decided to let me go, the salon is doing really well without me, didnt even ask if I thought about it and if I wanted to come back. She tells me however that she thinks that I'm great at my job and wants to hug me and wishes me good luck.

I file for unemployment that day. I have my phone interview which was very short, asked me why I was fired, I said my employer said I had a poor attitude. They ask if I had any words exchanged or confrontations and I say no. Asked if I had any warnings and I tell them no ( all the truth).
I call EDD 1 week later and they tell me I'm denied because my employers stated misconduct or confrontation with fellow employees! completely different from what they said from the beginning!
The only thing that would have been considered a "confrontation" was the Tuesday before my suspension another employee confronted ME about something and I text messaged my manager telling her what happened. She texts back that she knows the other employee was having an attitude with me and that if I wanted to confront her I can off the clock. Of course no other confrontation happened.
I still have these text messages on my phone too.

In this same week the manager wanted us to start doing some things that were against corporate policy and I told her that I didnt feel comfortable doing this. I also have this in a text.
How should I represent my case at my appeal?



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Or maybe you would just like to search the free Q&A's about getting fired.

I absolutely positive I provide links to the CA benefit determination guide which can explain to you that the misconduct issue is questionable at best .. at least per the information you have provided to me.

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