Granted unemployment employer appealed no show now appealing again fired for misconduct

by Katrina
(Rosamond California)

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

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Sep 09, 2017
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starstarstarstarstar 		Help
by: Anonymous

Were you still able to receive unemployment benefits while waiting for an appeal hearing? I recently was approved and already got 2 payments, now they are appealing it and I'm not sure if I will continue to receive benefits or not.


Hi,

When someone is initially allowed to collect benefits, but their employer appeals, benefits do not stop while waiting for the appeal hearing to take place.

This is a result of a Supreme Court decision from 1971 resulting from the St. of California halting benefits, just because an employer appealed.

You can read about the Java Decision here.

However, the reason it's important to prepare for this hearing, is that all the benefits received up to the time the hearing is finally held, are also subject to repayment, if the initial determination is reversed at the lower level, or tribunal hearing.

Chris - Unemployment Tips
Nov 17, 2014
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starstarstarstarstar 		my appeal
by: katrina

Im going to call today and see what's going on. How much would it cost for a hearing representation?


It's up to the hearing rep .. and whether they will even accept a case for representation, or coaching .. after a free case evaluation.
Nov 17, 2014
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starstarstarstarstar 		Do you think your texts to her will hurt your case is the question
by: Chris

Because I don't know precisely what is contained in the text and because this is now getting very specific, which is why I advise hearing representation, so they can make the call on what hurts and what helps .. I'll have to rely that you're going to be a good judge of what will hurt, or help.

As for not yet having received a hearing notice yet .. maybe you should just call the appeal section of the department and ask when they think the hearing will be docketed.
Nov 16, 2014
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starstarstarstarstar 		my appeal
by: katrina

I still haven't received my appeal hearing date. Seems this times taking longer.
Nov 16, 2014
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starstarstarstarstar 		my appeal
by: katrina

Yes in her first appeal she put that I asked her many times about being fired and that she believes that it was my intent inorder to collect unemployment.
Which is completely untrue. She told me the day of my flat tire to never come in. When she started texting me the next day I asked her if I was working for her or not sure wouldn't reply to that so I asked her again and then she sent me a termination notice through text.
My question is could that hurt my case I have no proof she told me to not ever come in because that was over the phone conversations I only have my word.
Nov 10, 2014
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starstarstarstarstar 		A couple answers
by: Chris

I can refer you to a coach for your appeal who will take the time to find out and then explain what you need to know .. and briefly, I can answer a couple more questions.

1.
I guess what you need to know is the point of the quit and discharge questions and answers.

The charging issue is of interest to the employer and if you win again .. their account will be charged for the benefits you're paid.

The reason the quit and the discharge issues are both listed .. is because many states list both to make sure there is jurisdiction to address either and avoid the need for continuances.

However, .. it seems to me your employer raised the issue of a quit in the first appeal letter. Didn't you tell me it stated something to the effect of ..

When I was approved for benefits she appealed saying because when I asked her about being employed I was asking for termination to apply for unemployment.

I'm unclear what this question even means .."Could she try using the same issues from my first appeal?"

What issues would she try using other than those?
Nov 10, 2014
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starstarstarstarstar 		my appeal case
by: Katrina

Yes it's been reopened. I received the notice that my employer was appealing and I would be receiveing another appeal hearing date. The two issues that were going to discussed on the first hearing were

1030/32 should the employers reserve account be charged for any benefits paid to the claiment
1256 did the claiment voluntary leave his or her most recent employment without good cause. Was the claiment discharged for misconduct connected with his or gets most recent work ( see UI 1256, 1256.1, 1256.2, 1256.5)

This was my first appeal could my second be the same issues and what exactly do I need to know?

I would think the 1256 would explain itself with my termination notice she sent me in text and through email?

Any advice on these two issues would be greatly appreciated once I receive the new hearing notice I'll post the issues.
Nov 10, 2014
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starstarstarstarstar 		So, it's already been reopened?
by: CK

Then it's probably going to be the same issue which is whether the discharge was for misconduct, or something other than it.

And possibly, an additional issue for the employer to show good cause for the non-appearance.
Nov 10, 2014
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starstarstarstarstar 		my appeal case
by: Katrina

Hi. I'm not sure what she's using to reopen the case I should be receiving the new hearing date in the mail any day now I've tried calling the board of appeals in Pasadena but they advise me I have to wait to find out what it is that reopened the case. As soon as I find out what it is that she's using to reopen the case I'll post it. Could she try using the same issues from my first appeal?
I haven't read that yet but in going to right now
Nov 10, 2014
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starstarstarstarstar 		Employers appealing ALJ decision
by: Chris

You should know by now, appeals to a board of review, aren't the same thing as appeal of an initial claim determination of benefits.

You're in California .. so you probably just received an acknowledgement notifying you the employer has appealed the ALJ's decision.

Can you tell me, or find out, what reason, or cause she is using to get this hearing remanded back down to the lower (tribunal level) for an additional, or new hearing?

This is what is important at this point in the game as some employers are just as ignorant of what board appeals are for .. as their opponent, the unemployed claimant.

Did you read the information about differences in appeal levels?

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