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Old 12-09-2013, 12:09 PM
 
2 posts, read 1,274 times
Reputation: 10

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Hi!
I need help. I was denied unemployment benefit in a letter from CA EDD with the reason stating that my employer said was "absent without permission" yet employer emailed me that I was terminated for lying about my personal life.

I was shocked at this decision because this is the first I had ever heard of this.

My employer had sent me an email stating I was fired for lying about my personal life. I was an office manager at a auto repair shop. I emailed my employer first thing that morning that I was not coming in that day because I needed the day to process the events of the previous day's meeting which I was being forcefully talked to about my personal life.

The termination email repeatedly stated that I was being fired for lack of honesty regarding my personal life- and that they didn't care about it, but felt because i wouldn't update them on it, they couldn't trust me. I was told over the phone by the shop manager at the end of the day that my boss had already decided to terminate me. I received the email the next morning.

Was that acceptable to the EDD that the employer stated I was absent without permission, yet my employer emailed me that the only reason i was being let go was lying about my personal life, therefore couldn't be trusted?

I had excellent attendance, worked massive overtime which my boss kept telling me to log all my overtime and when the boe audit was over, he'd pay me a bonus to more than cover the overtime and give me comp time as well. I worked there 14 months, given a raise in April, and was consistently told by my boss/owner that my job was secure.

There is no company employee handbook. No one (23 employees) had ever been terminated for being out for a day. Even employees who didn't show up without notice weren't fired.

I plan to appeal and include the email from my employer stating why I was terminated and also the email I sent to my employer at 8 am letting them know I was taking a day off because of the meeting which I found offensive and hostile.

Thanks for you help!
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Old 12-09-2013, 01:02 PM
 
4,201 posts, read 4,843,702 times
Reputation: 855
Don't include the email with your appeal REQUEST. That's all it is. Just write, "the determination dated MM/DD/YY is wrong. I want an appeal hearing scheduled."

Save the evidence for the hearing.

Also, it doesn't matter how great an employee you were or for how long. Get that idea out of your head.

It all comes down to is can the employer prove that you took a day off, that you didn't have permission, and that doing that one time for one day rises to the level of misconduct. I say no. You simply had a bad adjudicator that was intently listening to the employer to cherry pick a disqualifying reason, and hoping you won't fight it, or are so desperate for cash that you take the first mcjob that comes your way.

Stay focused. You don't have to try to prove everything out of the employer's mouth is a lie. Being able to substantiate that you had permission is sufficient. Heck, this would probably fall under the one-time, isolated incident rule, or it also sounds like you were never given a warning to never do it again.

You can submit the email about your personal life at the hearing. If nothing else, it suggests that your employer has no clue why they terminated you, and it makes them sound like they are making stuff up on the fly. However, keep in mind that the employer might not have said things the way that your decision reads, but that the adjudicator did that.

You'll know more after you get your hearing packet. You'll be able to view the file and the deputy notes prior to the hearing if it's in-person, or everything will get mailed to you if it's a telephonic hearing.
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Old 12-09-2013, 07:13 PM
 
2 posts, read 1,274 times
Reputation: 10
Default Very much appreciate your advice!

It's so difficult to know how to go through this situation.

Thanks so much for taking the time and providing valuable advice.
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