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I filed an appeal in California and my employer didnt show.

by J. O.
(Mission Viejo, Ca USA)

I work and live in California and I was fired from my employer in what they stated "Substandard Work Performance."

EDD classified it under section 1256 as misconduct after my phone interview and my employers phone interview. I was denied benefits under that section code. I filed for an appeal and when I showed up at my appeal and read all the information and was called into the room to see the ALJ, My employer did not show and I went through the "recorded deposition" by myself with the judge and answered all the questions, he then asked if I had anything to add or any questions. I explained to him that I had 2 reams of papers with copies of all my emails concerning my case and that I had copies of the most important emails on the subject of my "termination" (only 7 pages) to admit as evidence and he said he didn't want that, And said "you will receive a letter concerning my findings in a few days."

I just received my decision and won. I see that with the paper work that was sent to me from the Orange County Office Of Appeals, indicates to read the "Notice to Parties" for further information on how to follow an appeal.
These are my questions and I hope you can answer them;

1. If I filed and appeal and the employer does not show,and I won, does the employer have another
chance to appeal it since they didn't show?

2.Will I receive benefits at this point?

3. I received vacation pay with my last check which I know is an earned income, But a couple of months later, I signed and received a severence package for 6 weeks, but on the EDD bi-weekly forms it states "did you work or were paid for work" and I put no because I did not "EARN" it, will that be counted against me?


Hi J. O.

I removed your last name because it is not a good idea to have your name attached to this question.


Oh my, oh my, oh my!!!! If you haven't reported severance that is usually seen as wages .. you are going to be in trouble .. maybe not now .. but one day.

Personally, I would rather try to solve this problem now before any benefits are received .. Is it fraud .. or will it be a non fraud issue .. that is the question. If you try to take care of your "mistake" .. maybe they will just postpone payment of benefits for whatever number of weeks you didn't report the money you received.

Yes, you should be cleared for benefits now.

Yes the employer can appeal, but there appeal would be on the issue of their non-appearance. If they can show good cause and the board allows the hearing decision could be vacated and remanded back for re-hearing.

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Jun 26, 2010
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vacation pay......??
by: Anonymous

Chris,

It was my understanding that vacation pay does not have to be reported as earned wages for California. Is that true?

But definitely his Severance package would need to be reported a.s.a.p.

Thanks!


Hmmmm. Let's see. I guess that seems to be the case See this section of the guide.

Here is the statute.

1265.5. Notwithstanding any other provision of this division, payments to an individual for vacation pay which was earned but not paid for services performed prior to termination of employment shall not be construed to be wages or compensation for personal services under this division and benefits payable under this division shall not be denied or reduced because of the receipt of these payments

My inclination is to be better safe than sorry. I'd still tell anyone to report the money .. because this is uncommon and I honestly was not aware of this. Most states .. vacation pay is wages and must be reported in fact they ask on the claim forms.


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