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This leads me to believe they will likely have the HR consultant (contracted, not their employee) attend the appeal.
The HR rep isn't the best witness. She really doesn't know what happened that day. Only what she was told by the husband - hearsay.
Quote:
Originally Posted by artzgirl18
Paying another month's rent is not an option, but we are moving to Nevada, 4 hours away so I will have no problem attending the hearing in person. I will come back for this as much is needed and can stay with family.
If you use the NV address on the UI paperwork, it will almost guarantee a telephone hearing because you are out of the area. That's why staying in the apartment is best, or if your family is in the same town and they will handle your mail, then you can do that.
Quote:
Originally Posted by artzgirl18
I will look into the food issue, but I heard it takes a month to get it (not sure if that's just rumor).
I only know how to get SNAP in AZ. It can take a month, but they do have an "emergency" application process.
I will look into the food issue, but I heard it takes a month to get it (not sure if that's just rumor). Thank you again for all your help, I truly appreciate it!
In California, 30 days is the standard. However, section 63-301.5 gives the standard for expedited services.
63-301 APPLICATION PROCESSING TIME STANDARDS (Continued) 63-301
.5 Expedited Service
.51 Entitlement to Expedited Service
The following households, if otherwise eligible, are entitled to expedited service:
.511 Households with less than $150 in monthly gross income as defined in Section 63-502.1
provided their liquid resources as defined in Section 63-501.11 do not exceed $100;
.512 Migrant or seasonal farmworker households who are destitute as defined in Section 63-
503.43 provided their liquid resources as defined in Section 63-501.11 do not exceed
$100; or
.513 Households whose combined monthly gross income and liquid resources are less than
the household's monthly rent or mortgage, and utilities.
For households entitled to expedited service at initial application, the CWD
shall make the authorization document, access device or coupons available to
the recipient either by mail or for pickup at the household's request, no later than
the third calendar day following the date the application was filed.
The HR rep isn't the best witness. She really doesn't know what happened that day. Only what she was told by the husband - hearsay.
If you use the NV address on the UI paperwork, it will almost guarantee a telephone hearing because you are out of the area. That's why staying in the apartment is best, or if your family is in the same town and they will handle your mail, then you can do that.
I sent the appeal request with a family member's address nearby so I will be able to get an in-person hearing. Getting used to the waiting now.
63-301 APPLICATION PROCESSING TIME STANDARDS (Continued) 63-301
.5 Expedited Service
.51 Entitlement to Expedited Service
The following households, if otherwise eligible, are entitled to expedited service:
.511 Households with less than $150 in monthly gross income as defined in Section 63-502.1
provided their liquid resources as defined in Section 63-501.11 do not exceed $100;
.512 Migrant or seasonal farmworker households who are destitute as defined in Section 63-
503.43 provided their liquid resources as defined in Section 63-501.11 do not exceed
$100; or
.513 Households whose combined monthly gross income and liquid resources are less than
the household's monthly rent or mortgage, and utilities.
For households entitled to expedited service at initial application, the CWD
shall make the authorization document, access device or coupons available to
the recipient either by mail or for pickup at the household's request, no later than
the third calendar day following the date the application was filed.
Thank you for the info! I'm going to go to the site and see what help I can get, even if it's just for the few weeks I'm still in CA.
But does EDD purposely not include the specific MC #? I tried to find he specific codes on my letter but it is pretty brief. I am guessing they would prefer to have us less informed vs prepared?
I know the initial hope is to make the HR rep prove I didn’t notify before my shift, but I have admitted to notifying late in both text and email. If they show up and show proof, seems like there are several examples/exceptions in my situation that will help make the case against misconduct MC 15 info in that link.
I’m glad there will be a while till the hearing now though...time to calm after the continuous blows.
Just because texts an emails exist doesn't mean they will be brought as evidence. Attending an in-person hearing for an employer that's probably paying $50 per hour and mileage is a pain. Never ignore the possibility of a no-show.
Before they get too old, try to print out your calls logs from 8/8 to document that you called so you can testify about your boss saying it was ok (if you need to) because then you can say, "if I knew my job was in jeopardy, I'd have come to work, but he gave me permission." Now, this is all verbal, and I'm positive the boss husband won't be at the hearing, and the HR person with her potential texts and emails won't be able to defeat the logs and your first-hand testimony of the phone call.
Finally got my appeal hearing date and it’s in less than 2 weeks. I’ve been in NV for a few weeks and my mail is going to a relatives in CA until I have a permanent address. There is a number I can call to get the file so I will call a few days before to see if I can get it by email. If not I will go in person to get it a couple of days before.
The info pamphlet is pretty basic. It says if I’m bringing documents to hearing, to try and bring 3 copies. I’m guessing that’s one for Judge, myself and the employer. Do I have to bring the extra copy for employer? I don’t want make anything easier for them.
At this point I’m bringing a copy of a screenshot showing the call log to boss that day. Even though it shows I called after my shift started, it serves as proof of call..
I also plan on bringing my review which was given one month before and it rates my attendance as ‘good’. There are a couple of other things I will print out but not sure I will need to present them, I guess depending on how hard employer attempts to fight this at the hearing. These are things like the full employee handbook which only states “exessive or a consistent pattern” of absences would be subject to disciplinary action” (not a single absence such as mine).
I suppose that’s neither here nor there but ultimately, I firmly believe they took my family tragedy as an opportunity to fire me because of my complaints about my paychecks being issued late several times and the ethical concerns I expressed to them regarding some of their practices.
Last edited by artzgirl18; 10-14-2018 at 06:19 AM..
These are things like the full employee handbook which only states “exessive or a consistent pattern” of absences would be subject to disciplinary action” (not a single absence such as mine).
You only need THAT page, or better yet that paragraph so long as anyone looking at it can tell where it came from. You don't bring the whole thing. You bring ONLY that which helps you, and leave the rest behind.
Quote:
Originally Posted by artzgirl18
I firmly believe they took my family tragedy as an opportunity to fire me because of my complaints about my paychecks being issued late several times and the ethical concerns I expressed to them regarding some of their practices.
You focus only on the denial as written. You're not trying to prove you were fired for some other reason.
artzgirl18--what does the employee handbook state about calling in late procedures (Are you supposed to call before shift, within an hour of shift, etc.)? Also, many employee handbooks state somewhere (in the intro or another general area) that "discplinary action" can mean anything from a warning up to and including termination....does yours?
Also, curious, did you happen to complain about your paychecks being issued late IN WRITING?
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