I’ll tell you chris, what happened to me at my hearing.
(San Mateo Ca)
i filed for unemployment on april 23,2010 .on the claim form i told the truth that i had to take time off for various medical reasons and was not fulfilling all expectations. I was just thinking of my boss cause when he said that ****name deleted**** our boss in new York Had fired me that he had nothing to do with it, but was offering me either being fired or being laid off he said remember how long it took for unemployment last time when we did work sharing program. we had to take every other friday of a few months later unemployment paid us for just a few of the friday that we had been off. The other was being fired he said i would not have a problem collecting unemployment it would be faster. I knew that when you’re laid off you couldn’t collect so i took fired. None of this of course was on my claim form. A few days later i was denied. ****company name deleted**** is going through a lot of financial difficulties. Also their medical rates were going up especially because i had surgeries some epidurals therapy etc. My boss claimed i was fired for excessive amount of unapproved absences and insubordination. It also said clmt left on 041910 work for 1 1/2 hours unapproved and on 042010 called in late unapproved stating she was taking time of for her late sisters anniversary her death. clmt would leave the office or be absent unapproved it stated that i had several written and verbal warnings.sections 1256 and 1260 I filed an appeal the hearing was July 14 at 10:30. it said that 2 issues would be considered at the hearing . 1030/32 should the employer be charged for any benefits paid to the claimant. 1265 did the claimant leave her most recent employment with out good cause. was the claimant discharged for misconduct connected with her most recent work. I went only with 3 dr’s notes and some med papers . He went with all these warning letters a few he had givin me, alot i never saw before he had all these dates he says i didnt call in .or was sick absent didnt punch in etcmy mouth was opened wide i couldn believe all these accusations and of course i didnt know what i did on that day or ? so of course i couldnt even answer all i know is that he stated on the last 3 days of my employment he said o 4/19/10 i left work for 1 1/2 hrs with out punching card and didnt call in on 4/20/10 till 9:00 for services for my sister that i wouldnt be there till 1:00. I know i would never do that i have respect for my other 2 cowokers etc i said thats not true. whos gonna believe me. so denied again. i requested another hearing cause i found through my telephone co. That I had called 2 phone numers at 11:47 and at 12:59 the night before he lied and i have the proof. i got the court hearings cd with everything on it i compared notes with what i could use some of the stuff dosnt match hes a liar and a cheat.
I have big concerns for your appeal to the board Geni.
You knew that when you are laid off .. you can’t get unemployment??
Where .. please tell me .. where did you ever hear that? A layoff is the only thing that comes close to a guarantee of collecting unemployment benefits.
If you have all this proof that you were fired for some other reason than “misconduct” you should have used it at the first hearing when you are able to submit evidence.
Further appeal is based on the record created at the first hearing.