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I was fired on August 21, 2018. My boss stated that I was terminated for not performing the work to his satisfaction. The Employment Development Department (EDD) approved my unemployment benefits, as they found that this does not meet the definition of misconduct(give judge evidence). Still unhappy with EDD's decision he wrote another letter. This time, completely contradicting what he initially said, he states that I was terminated for time fraud, noting that I had side jobs that I worked while under the payroll of the company.
It should also noted that on 6/12/18 I recieved a 23% increase, and was terminated. The reasons noted on the Termination Report include:
-Does not meet performance standards
-Failure to perform job duties
-Repeated Transgression of Company Policy
Yesterday we had our unemployment appeal. My boss brought computerized screenshots of my computer that showed me visiting sites travel websites(I was going out the country the following week) He is accusing me of misconduct saying that I was dishonest on my timecard, as I did not dedicate the entire 8 hour work day to his work. He said I do good work but I do not produce enough(I am a case manager at a law firm)
I screwed up at the hearing, as the judge asked does he have a policy book that speaks to this. My boss/ex-employer said he did not have the handbook. I chimed in that I have the handbook and there is no internet policy. My boss also had screen shots of me deleting my emails. He also gave those screenshots to the judge.
I told the judge this was an isolated incident as I was going out of town the following week.
Odds are against you. You had a great shot of winning based on your initial story of poor performance, but you messed up by admitting that you did the deeds the employer said. Once your employer told a story to EDD, it was your job to keep them to that story and prevent them from making a case for anything else. The simplest way was to tell the ALJ that you were terminated because you could not meet the performance standard the employer set and everything else they are claiming is either BS or made up after the fact because they were held liable for your unemployment.
However, you are in CA, one of the claimant most friendly states, so you may get it simply because the ALJ decide your ignorance of the process is being taken advantage of by your former employer and instead of dealing with all the garbage you admitted too, they focus on and only on the original poor performance. If the ALJ decides to look at everything else, your odds of winning are very small.
next time get help before you wing it. This was an easy win for you but by admitting and trying to justify your conduct, (lets not even get into not challenging the evidence) you may have thrown your future benefits away as well as having to repay everything back you received.
Thank you Rabrrita, I understand what you are saying. It was my first time. I even paid an attorney $900 to defend me. To say that the attorney was inexperienced is, to say the least. He literally went over my case the night before. I should have known that he was not that skilled when he asked me to use my pen before the hearing. My appeal hearing lasted 4 hours and 15 minutes. My nerves were all over the place. My case was on 1/24. How long will it take to get the answer?
It might take the full 10 days or more to get a decision. No appeal hearing lasts that long. An hour and a half would be tops. Your situation is atypical.
Actually, the longer it takes for you the better. Benefits cannot be stop until a decision is rendered against you. I hope tomorrow is your day to file so you can get that one last payment just in case things don't go your way.
Yeah, but they were supposed to do that when you first applied. Not weeks later after your benefits started and then they up their game. If they told UI in your hearing file that same story, it matters. If they CHANGED their story to make it worse, that's something to challenge, but the hearing was the better place, not to the board, if they even win at all.
The reverse is true when someone quits. If you quit and write a letter of resignation that you love your job, and then apply and get denied for UI. Then you have a hearing and say you quit because of a pay cut, well, you're unlikely to be believed or you'd have said that in your letter of resignation and when you first applied for UI.
Chyvan, I see clearly your argument. I hate that I found this after the fact. Also, my benefits will run out at the end of March 2019. He completely up'd his game and the story changed. I cannot understand why the EDD appeals judge didn't challenge this. As employees the employer[ in my case that is a lawyer] has the upper hand.
The judge might do your job for you, but you can't always count it. However, we've seen CA judges rigorously apply the "liberal to grant, narrow to deny" doctrine. Even if your judge does you wrong, you will come back, and we'll go to the board and hope to undo the damage.
Next time though, get help BEFORE you have the hearing because it is truly the most important part in the process.
Statistically, you have 2 of 3 chance of winning. Employer appeals don't usually succeed, but you say you worked for attorneys so maybe they knew exactly what they were doing.
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To Rabrrita
