Hi I live in CA, My question is this? What sections do i use to appeal Section 1256?
Thank you for your help?
My girlfriend was found ineligible, for benefits, the edd based the decision on Section 1256. The employer stated that she was absent without permission. Some of the other factors, if they matter or apply i can state later. However this is all that was mentioned in Determination ruling paper.
Thank you for you expertice,
You are not appealing section 1256. You are appealing the determination made under section 1256 which is just the general disqualification statute with a few provisions, it states:
1256. An individual is disqualified for unemployment compensation
benefits if the director finds that he or she left his or her most
recent work voluntarily without good cause or that he or she has been
discharged for misconduct connected with his or her most recent
An individual is presumed to have been discharged for reasons
other than misconduct in connection with his or her work and not to
have voluntarily left his or her work without good cause unless his
or her employer has given written notice to the contrary to the
department as provided in Section 1327, setting forth facts
sufficient to overcome the presumption. The presumption provided by
this section is rebuttable.
An individual whose employment is terminated under the compulsory
retirement provisions of a collective bargaining agreement to which
the employer is a party, shall not be deemed to have left his or her
work without good cause.
An individual may be deemed to have left his or her most
work with good cause if he or she leaves employment to accompany his
or her spouse or domestic partner to a place from which it is
impractical to commute to the employment. For purposes of this
section "spouse" includes a person to whom marriage is imminent.
An individual may be deemed to have left his or her most recent
work with good cause if he or she leaves employment to protect his or
her children, or himself or herself, from domestic violence abuse.
An individual shall be deemed to have left his or her most recent
work with good cause if he or she elects to be laid off in place of
an employee with less seniority pursuant to a provision in a
collective bargaining agreement that provides that an employee with
more seniority may elect to be laid off in place of an employee with
less seniority when the employer has decided to lay off employees.
Do not try to prove the case with the appeal.
It should be simple, to the point, and just do the job of getting a hearing scheduled.
Something like ... I wish to appeal the determination (insert determ. date) The reason for my appeal is because I believe the determination erred in finding good cause for discharging me under section 1256.
If you care to elaborate with any details about why she was fired ... and discuss this further I suggest you take a peek at the California eligibility guide first. It' linked to on this page.