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How much of this should I put in my appeal ?and can I win my appeal?CA

by SteveSandborn
(San Diego,CA)

I did work Room service for a hotel in San Diego. I was fired for poor work performance. I worked for the hotel for one year and did the very best job I could do for the entire time I worked for the hotel.


I was written up 3 times. Once for forgetting a salt and pepper shaker on an order. Second time for not giving enough notice when I called in sick before my shift started ( which my manager did not know the correct time I should have alloted). The third time for for talking to guest to long, when I took there order up to there room.

What started me on the road to getting fired was I went to lunch, but before I clocked out I went to the restroom. So my manager pulled me in to his office and said I clocked out ten minutes later for lunch. I was then suspended and then fired. My performance review was good a few month before I was fired. I then was told to file for unemployment. I filled out the paperwork and mailed it in. One month later I received a letter saying I was denied under article 1256.


Hi Steve,

Section 1256 is just the part of the California unemployment statutes .. specifically "disqualifications". I'd rather hear the interpretation as to why you were denied .. which should also be on the piece of paper.

As for what should go into an appeal letter .. see
this page at the EDD.

Notice the part that says "The reason for your appeal" I assume your reason is because
you disagree that you were fired for misconduct.

Steve,

An appeal is not that difficult. Preparation for the unemployment hearing requires a bit more thought. If you want to get the determination reversed, you will need to show that you were not fired for good cause.

Read the
Benefit eligibility guide. This link will take you to a very thorough discussionn of what California thinks is good cause and when they do not. You are lucky to have this resource.

Just from what you've said here .. I'm forced to ask as usual .. what does the employer's handbook say about rule violations and progressive discipline. Presently, I am questioning the wisdom of the employer's choice to mix policies.

I'm also questioning the pettiness of the events you related. Most of all, I'm wondering how the attendance violation has any bearing on performance issues. That is separate and usually has it's own separate requirements. Throwing it into the mix with other rule violations .. not a good idea.

The reason is that the state is largely interested in the "final incident" which we now know is because you went to the restroom before you clocked out for lunch. Unless the employer can prove this was a consistent problem with you and that you had been warned per the progressive discipline policy about general rule violations. They have a weak case.

So grab your handbook along with the eligibility guide linked to above and determine how it is the employer violated their own policy when they decided to discharge you and focus on why they did not discharge you for good cause ..

Chris

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