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Old 01-29-2014, 01:57 PM
 
3 posts, read 8,949 times
Reputation: 11

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I had my EDD hearing yesterday in CA. I showed ready to go, waited and waited, did not see my Employer. When I was brought back to the hearing room, the judge started a voice recording thing on her computer, figured they would be on the 'phone'. She said they were not coming, but requested the hearing via letter/fax or some crap. Is that fair? Basically they wrote why they denied my claim, and added they did not know I was on-call the weekend in question. (they said I had abandoned my job on friday 11/1. I left as one of the onwers yelled at me for 20 minutes. If left at 4pm with an upset stomach and eventually got sick outside my car. I went home and was on =call starting at 5 pm friday night , through the weekend and showed up on monday morning.. I was fired for insubordination (leaving) and job abandonment.
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Old 01-29-2014, 03:07 PM
 
13,038 posts, read 19,425,599 times
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Did you object? You could have. You can't cross examine a piece of paper. If you let the judge get away with that, that's on you.
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Old 01-29-2014, 04:44 PM
 
13,038 posts, read 19,425,599 times
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Since I didn't have the whole story, this situation involved an issue of a potential "quit." In that instance, it would have been appropriate to continue because in a quit the burden is on the claimant. The employer doesn't usually have to participate. A high percentage of claimants will fail in a quit case all by themselves.
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Old 01-29-2014, 07:33 PM
 
3 posts, read 8,949 times
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Chyvan, I worked for a home care agency, I did the scheduling and home assesments and pretty much ran the office. I had never been in trouble ever. On a Friday afternoon 11/1/13, I was doing a schedule change and the owner was not happy with the desicion I made (I split a shift on a Sunday as both of my caregivers wanted sunday off). She called me into her office and yelled for about 20 minutes, thought we were done so I left to finish my schedule for the rest of my 90 caregivers for the next week in my office. my co worker came in to see if I was okay as the whole office heard it. While she was checking on me, the owner then, came into my office, told co-worker to get the F out, slammed the door behind her and yelled some more.. I left for the day at 4 pm as I threw up in the parking lot as a result of the verbal attack. I went home and was on call 24/7 that same day (one hour later) for the whole weekend. I came in that monday ready to work, I took 2 calls and then was called into her office and was fired for insubordination. The EDD interview went well over the phone. Then was denied due to job abandonment. I did not abandon my job, I only left to go home sick and went on call for 2 days after that. I don't know why the judge continued with the hearing ? I've never been to an EDD hearing. Did not know what to expect.
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Old 01-31-2014, 05:06 PM
 
3 posts, read 8,949 times
Reputation: 11
I won !!!!
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Old 01-31-2014, 05:09 PM
 
Location: Wisconsin
21,538 posts, read 44,002,416 times
Reputation: 15140
And, yet another win. Congratulations.
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Old 08-09-2016, 01:50 PM
 
2 posts, read 1,828 times
Reputation: 11
Hello I have the same issue I was fired for misconduct I won my first level Appeals my employer was a no-show and submitted documents and lieu of their absence my question is can they appeal the decision again or is this final because they did not show up I was just advised that they can appeal my decision even though they did not show up?
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Old 08-09-2016, 02:04 PM
 
13,038 posts, read 19,425,599 times
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Quote:
Originally Posted by Msrozd626 View Post
I was just advised that they can appeal my decision even though they did not show up?
Yes. They can appeal to the board of review using the transcript of what you said to maybe find an inconsistence in your story, or they can request a reopening if they had good cause not to appear, but just know that it's not a sure thing they will succeed. The best chance they had was at the hearing. Afterwards, things are stacked in your favor. Statistically, only 30% of appeals after the hearing produce results.
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