CA appeal help? (collecting, file, receive, claim)
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I've been searching everywhere online and this forum, but there's soo much out there and everyone's situation is different. Hoping someone here can help me out!
My husband was fired on 12/17 for making personal phone calls from work. He made the calls the week before and never received any type of warning (written or verbal) and was fired the following week. (If it matters, he was calling to check on me - I was 35/36 weeks pregnant and having contractions. I didn't have access to a vehicle, he had it with him. He needed to check to make sure I was ok and could not take a break.) In the 6 years he worked there, this had never been an issue before. Again, NO warnings were given.
He applied for unemployment that week, four weeks later he had his interview, and two weeks after that he got a notice of determination that states:
"You are not eligible to receive benefits under california unemployment insurance code section 1256 beginning 12/15/13 and continuing until you return to work after the disqualifying act and earn $1910.00 or more in bona fide employment, and you contact the office to reopen your claim.
You were discharged from you last job with (company) because you broke a reasonable employer rule regarding telephone calls. After considering the available information, the department finds that you do not meet the legal requirements for payment of benefits."
So... Section 1256... he was discharged for misconduct. If I need to type up more, let me know!
Questions:
1. Is this EDD denying him, or the employer?
2. Appeal letter...keep it simple? What wording do we use?
3. Can he push the whole "no warnings before being fired" in the appeal? Also, he wasn't trying to break the rules or hurt the company, just worried about family. (Not like the state cares heh..)
4. How long does this generally take? Does he stand a chance?
1. Is this EDD denying him, or the employer?
2. Appeal letter...keep it simple? What wording do we use?
3. Can he push the whole "no warnings before being fired" in the appeal? Also, he wasn't trying to break the rules or hurt the company, just worried about family. (Not like the state cares heh..)
4. How long does this generally take? Does he stand a chance?
EDD is denying him.
Appeal letter - "I disagree with the decision. I request an appeal." No more.
Read CA's UIBDG on misconduct, linked below. There was no willful disregard. Your circumstances absolutely do count in this circumstance.
Four - six weeks. He WILL WIN. Over 50% of CA decisions are overturned on appeal.
Also, what did you guys say when you applied for UI or what did you say during your telephone interview. Many times what you say is why you were denied. Could be the employer said nothing. Prior to your hearing you'll be able to see a file with the notes from the deputy and anything sent in by your employer.
It's not just the "no warnings" that can win this. The employer has to have a rule that says "no personal phone calls" and prove it. You have to know there was such a rule. Breaking the rule has to materially affect the employer's business. All these things have to be proven, and I suspect in your phone interview you were baited into admitting to things that probably weren't so clear cut to reach this denial.
Thank you thank you!! You guys(or gals) are awesome! I'm feeling a lot better about this.
Chyvan,
We said "company states not following department rules due to needing to make a couple personal/emergency phone calls during work hours" - they tried to make him sign the warning paperwork during his termination, but he refused ... he does not know of any rule regarding personal calls, no warnings, and other people make personal calls as well. In a call center of 100 people, I'm sure making some calls did not affect the business.
The lady that interviewed him was very rude and wouldn't let him talk. He tried telling her repeatedly he got no warnings. She said the employer claims he made 11 personal calls, but provided no details.
More questions:
1. So EDD denied him, but the employer will be at the appeal? (Well, hopefully they don't show... according to insiders, this company doesn't have a history of fighting unemployment claims)
2. He doesn't have a lot of proof for this? What points should he bring up? he was just promoted a month or so prior. He liked his job, he wasn't looking to throw it all away. Also, he asked his boss for extra breaks when he needed to call me...He was denied. Also denied time off work. Should this be brought up at all?
1. So EDD denied him, but the employer will be at the appeal? (Well, hopefully they don't show... according to insiders, this company doesn't have a history of fighting unemployment claims)
2. He doesn't have a lot of proof for this? What points should he bring up? he was just promoted a month or so prior. He liked his job, he wasn't looking to throw it all away. Also, he asked his boss for extra breaks when he needed to call me...He was denied. Also denied time off work. Should this be brought up at all?
As to 1., the employer has the right to appear, but they don't always. You'll have a much better feel as it gets closer to the hearing date. If the employer submits evidence, then chances are they will appear. If they've provided nothing more then they probably won't waste their time. You need to go view that file prior to the hearing so you have time to get more help. Once you're at the hearing, it's too late to ask us any more questions.
He doesn't need any proof. It's great when you can prove that you did NOT do something, but that's not how the system works. The employer needs to prove that he did. In the absense of anything proving misconduct, your husband needs to shut up. You don't want to make excuses for yourself because that requires that you admit to something that might be misconduct, and then justify that you did it for a good reason. Avoid the whole issue if at all possible.
It's not just the "no warnings" that can win this. The employer has to have a rule that says "no personal phone calls" and prove it. You have to know there was such a rule. Breaking the rule has to materially affect the employer's business. All these things have to be proven, and I suspect in your phone interview you were baited into admitting to things that probably weren't so clear cut to reach this denial.
That. ^
I was fired from a job last June under somewhat similar circumstances... My employer fired me for "using my cellphone."
1) There was no handbook and no documented rules
2) I had been given no prior warnings
The state of Washington approved my claim stating "my actions didn't materially affect his business." I got a job a few days later and worked for 7 months but was laid off a couple weeks back and am now collecting on the very claim from the employer that fired me.
EDD received appeal from 2/14 (sent it certified)... typically when would you expect to receive some communication from them?
Also, hubs only had to certify for one week instead of two... didn't receive a claim form either. Is this just the screwy system, or does it have anything to do with being denied/appealing?
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