CA - First Level Appeal Help (collect, file, receive, claim)

[MarkUEM]

I just received my determination letter. I am being disqualified because I "broke a reasonable employer rule."

To appeal, what should I write? I have read varying topics here, and it seems something like the following is preferred: "The determination dated 8/17/17 is wrong. I want to have an appeal hearing scheduled. Sincerely yours."

The reason for disqualification seems to be rather vague and general, and I am not sure I should comment on that or simply write the above. But, I would like to know what the actual reason was for my termination, according to my employer, and relayed to the EDD, so I can better rebut their claim(s).

Thank you very much,
Mark

[Chyvan]

Originally Posted by MarkUEM

To appeal, what should I write?

"The determination dated mm/dd/yy is wrong. I want an appeal hearing scheduled."

Originally Posted by MarkUEM

But, I would like to know what the actual reason was for my termination, according to my employer, and relayed to the EDD, so I can better rebut their claim(s).

After you get your hearing notice, you'll have access to a hearing file or packet, and then you'll know, and be able to start to prepare.

Just so know, that with most claimants, they disqualify themselves by what they write on their initial application, and the things or the way they say them during the telephone interview. Then come hearing day the employer is a no-show with nothing from the employer, and the claimant realizes they are fight their own words.

[MarkUEM]

Appeal Date set for 9/25/2017.

In person appeal.

When do I get to view the packet? One was not sent to me and I would like as much time to prepare as possible. The appeal states I can view it 15 minutes prior to the appeal. Is that the best I can do?

[Chyvan]

You want to wait for the employer to submit information. You should go pick up a copy on the 21st or 22nd. That will give you all weekend to get help based on what's in there. Then go a bit early to the hearing to see if the employer slipped in anything new at the last minute before the hearing.

[MarkUEM]

The appeal response states I have until the 18th to submit documents. Are the employers bound by this same requirement? I see you state they can slip something in late. Are there repercussions for doing so (judge deems them inadmissible, etc.)?

Further, my employer is to appear by phone, but it lists Equifax Workforce Solutions as a c/o. What is this?

Third, it states EDD is to appear by phone. What are the odds on the EDD person from the phone interview being available to answer questions?

[Chyvan]

These are great questions but what you are describing is irregular.

Equifax is just a ui cost control company. They just tell the employer how to best make their case. They aren't always that great.

Why is your employer allowed to appear by phone? That might be why the date of the 18th, but normally with an in-person hearing, you can bring things at the last minute to surprise the opposing side.

And EDD appearing by phone? That's unheard of. What in the world happen with your case? You might not know or might be holding back, but when you have those documents, it might make sense why EDD is being given a chance to appear.

[MarkUEM]

Perhaps I am not presenting this correctly. I received a yellow "Notice of Hearing."

On the left is a case number, followed by my name as claimant, and below it states my ex-employer xxxxxx c/o Equifax Workforce Solutions.

One the right top of the page is a box, and it lists Hearing, Time, and Place.

Below that someone with a red pen circled the part labeled claimant and put a check-mark by it. It states I am to appear in person at a local location, address shown below.
Next line says: "Employer: Appear by phone - Call Collect xxx xxx xxxx"
The next line says "Edd: Appear in person at the location below"

Then there are some bullet points:

First one states "Any additional documents must be received by the Office of Appeals at the address shown below on the attached page by 9/18/17. If you miss the deadline, the judge may exclude your documents."

Then just random bullet points about an interpreter, bringing witnesses, etc.

Near the bottom it states:

The following issues will be considered at the hearing:

1256 - Did the claimant voluntarily leave his or her most recent employment without good cause. Was the claimant discharged for misconduct connected with his or her most recent work (See UI sections 1256, 1256.1, 1256.2, 1256.5)

Then on the second page it states names and addresses of parties / representatives: the first one is my information, the second one is Equifax Workforce Solutions. There is no mention of my ex-employer on this page.

Thank you ~

[Chyvan]

I don't know why you're telling me this.

In the real world an "in-person" hearing means just that. EVERYONE appears in person. The whole point to an in-person hearing is so that EVERYONE is inconvenienced. In this case, YOU are inconvenienced, and your employer gets to show up by phone sitting at a desk. How easy is that?

You need to challenge that unless there is a good reason the employer gets to make a lazy man's appearance. You do NOT want the employer to attend. It makes your life easier.

EDD NEVER gets invited to a hearing unless the issue involves EDD. The reason you might have quit or been fired is between you and your employer. EDD has nothing to do with that and they shouldn't have been included UNLESS you know something.

Just go get the file, and read the paperwork. Maybe something will get you thinking about what's really up.

[MarkUEM]

I am just telling you what the hearing notice says. You said something is irregular.

The employer has a corporate office approximately 75 miles away, which would allow them an excuse to not attend in person. But, they have facilities here, so I do not know why that would not eliminate their ability to appear by phone.

As for the EDD part, I am just telling you what the notice said. Again, you said something is irregular, what is irregular about my hearing notice?

[Chyvan]

The whole thing is irregular.

You should be appearing in-person.

The employer should be appearing in-person.

There shouldn't be any cut off date on the evidence submission.

EDD shouldn't be an interested party.

Go get the file, and figure out what's up. You may or may not want to fight the in-person part on the employer's part. If you think they'll send a hearsay witness by phone, then I'd be ok with leaving it alone, but if it's to make it easier for a witness that will hurt me to appear by phone, then I'd make a stink.