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Old 08-20-2012, 04:10 PM
 
193 posts, read 458,564 times
Reputation: 214

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Worked for the State of California, my dept made an assumption, a bad one, terminated me with absolutely no inquiry or investigation and they could not convince the EDD that their accusation amounted to anything close to misconduct in their phone interview. I received a notice that the employer has appealed the decision that was in my favor, attached was a copy of what EDD sent to the state dept I worked for which states in short "You discharged the claimant for breaking one of your rules. After considering the available information, the department finds the reasons for discharge do not meet the definition of misconduct connected with the work" then goes on to describe how the employer can appeal the decision, which they have chosen to do. Since I have never had to deal with unemployment, let alone an appeal hearing for one, do I just need to bring my documentation showing I followed departmental policy and leave it to the employer to prove their allegation? should I make a bullet point list and address each statement made by the employer or does the ALJ really just want to see the meat & potatoes i.e allegation/policy related to the allegation... thanks guys. I find it nearly impossible for the employer to have it overturned considering they couldn't even do it over the phone and they provided EDD with whatever documentation they had to support their frivolous assertions. I see it more or less as just an attempt to make things more difficult, knowing they are going to lose their case before the state personnel board which will result in reinstatement and back pay. Any tips would be great, thanks.
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Old 08-20-2012, 04:23 PM
 
14,500 posts, read 31,083,682 times
Reputation: 2562
It would help if you gave more details. If you're absolutely positive the employer has no case, then you don't have have to go to the hearing.
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Old 08-21-2012, 02:26 PM
 
234 posts, read 686,441 times
Reputation: 42
fired on the spot from the state seems like a serious issue so i can understand why you want to keep it personal. it could be a hard case to win a appeal if that's what you asking advice on.
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