Search This Site.

Re-determination Hearing and Questions

Hello,

I was a 911 Dispatcher for 15 years and after allowing a renter to share my house with me I had a problem one evening with her wanting to bring a strange male into our home to stay indefinitely. I panicked because I have a child and when she contacted the police I yelled out that she had a knife. Police arrived and I admitted that I lied . I have now been fired for conduct unbecoming. I am wondering.... Is this considered to be 'connected with my work' in terms of 'good cause' for California Unemployment?

I have seen where EDD cites examples like a Pharmacist who is arrested for narcotics and is denied benefits because he directly injured his/her employer. Whereas, a janitor at the same business is given his benefit, although arrested for the same crime, due to his position with the company. Am I more the Pharmacist when it comes to injury to my company or the Janitor? I have also been charged with Filing a False Police Report.

Thanks for your time.

I was approved once but then after receiving my first check was scheduled for an additional telephone interview and I honestly felt that after that interview I would be denied but I have to wait for 10 days to find out.



Hi,

That's a good question .. and a bit different.

Some professions off the job conduct becomes very relative .. to your ability to do the job. There is
a trust factor .. training factors.

"Harm or injury to an employers interest" can extend beyond the monetary .. it can include behavior which draws into question your ability to do your job because of the level of trust that was placed in you and your abilities by the employer.

Although I feel like your job was more like the pharmacist, I still think at first glance there may be an argument to be made.

You acted while under duress (this is where I'm certain the employer would bring training into the picture), given that you must have felt threatened or felt things getting out of control and your choice to do what you did was not "knowing" or "intentional" .. but maybe .. parental instinct?

Some problems maybe?

First things first .. were there other "disciplinary issues"?

I did notice that you said it was your roommate who called the police .. this is the part that seems a bit confusing .. or at least open to speculation about what was really happening ..

I'm also a bit confused about the false police report charge .. because that would imply that it took you a while to tell the truth .. even after the police arrived .. That, you definitely should have known better than to do and would be hard to defend.

Mind you, I'm just rambling but .. you know the truth and the facts so you know best if you have a defensible position.

Comments for Re-determination Hearing and Questions

Average Rating starstarstarstarstar

Click here to add your own comments

Jun 07, 2010
Rating
starstarstarstarstar
Update: 7 June 2010
by: Anonymous

Just wanted to let you know that I was granted my benefit. Be true to yourself and others. Don't give up hope and as Chris says, "Think like a lawyer!" I cried like a baby but I believe Chris' advise is more suitable for situations like this!


Way to go!!

Chris

May 28, 2010
Rating
starstarstarstarstar
Very Insightful
by: Anonymous

Let's See. First, I appreciate your site very much. Thank you. As for answers to your questions. Nothing else occurred that evening other than me explaining to her that I could not allow a strange male into our home. I would have to say he was a trespasser. She then said, "you are violating my tenant rights... I am calling the police."I did not have a lease or rental agreement. I actually went to the police station for help and they turned me away. It was upon my return that she again initiated a call to them. Five years ago I had some disciplinary work related issues but those were resolved. and 27 days prior to this incident I was promoted to a Lead Dispatcher and on this very night I was given an a commendation prior to leaving work. I left work about 1130 pm and arrived home shortly after that. The central issue for dismissal is definitely that trust factor, conduct unbecoming and using my training and experience. Within, 5 minutes of police arriving and the first opportune time I disclosed what I did. It was turned over to the DA's office for review and turned down to file charges but subsequently amended with the charge after local police pressed the issue. I admitted that I knew better and what I did was wrong. I love my little one and I truly overprotect to a fault. I hope this gives a clearer picture.

Click here to add your own comments

Return to Unemployment Benefits Questions.

} }