Granted unemployment employer appealed no show now appealing again fired for misconduct
Basically was fired for misconduct related to my attitude towards employer for a text saying "you think a job that makes no money is a job opportunity for me? Wow"
The California EDD awarded me benefits saying the final incident did not fall under misconduct.
Previous to being terminated I was a caregiver. My shift did not start until 6pm, but I got a call from my boss asking me to go work for an hour, just to meet my client and go over a few things.
I was on my way to do as she asked, when I had a blow out on one of my tires. It was on a Sunday and I immediately called my boss asking for her to tell the client I'd be a little late.
My plan was to take the car home with the donut tire and get a ride. She refused and told me to leave my car on the side of the road and get a taxi. I told her I would not do that due to the fact it could be towed, or I could get a ticket.
She started screaming and told me to never come in.
The next day she started texting me saying I had been making excuses because I did not want to work ( I had sent her a picture of the tire even emailed her one) but that wasn't proof enough for her. I asked her twice, due to the fact she would not answer me, if I was employed still or not.
Later that day she sent a text with am attachment stating I was being terminated for misconduct - attitude towards employer.
When I was approved for benefits she appealed saying because I asked her about being employed I was asking for termination to apply for unemployment. ( I did not apply till 3 months after termination.) That appeal hearing was dismissed when the employer no showed.
Now she's appealing the ALJ decision. Any advice??
Before all this I'd never been warned, written up and there were no complaints at all about my work at all. In fact, she always told me I was a great employee till this flat tire. Help