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  1. #1
    Join Date
    Sep 2010
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    Default Changing Termination Reason at Appeal

    My question involves unemployment benefits for the state of: CA

    Quick question: In California, if unemployment benefits were denied and the employer gave a specific reason for the termination, can the REASON for termination be CHANGED during an appeal?

    Situation: Friend was terminated with the reason from the employer being incarceration. Incarceration was due to a CLERICAL ERROR and friend was released after proving the error. This makes him eligible for benefits. When he proved the error to the appeals board and employer - at the hearing (today), the employer tried to CHANGE the reason for termination to not being honest about why he missed work. Saying now he was terminated due to misconduct.
    Can they change the reason in this way and will the appeals board take it into consideration?

  2. #2

    Default Re: Changing Termination Reason at Appeal

    Quote Quoting ciemma
    View Post
    My question involves unemployment benefits for the state of: CA

    Quick question: In California, if unemployment benefits were denied and the employer gave a specific reason for the termination, can the REASON for termination be CHANGED during an appeal?

    Situation: Friend was terminated with the reason from the employer being incarceration. Incarceration was due to a CLERICAL ERROR and friend was released after proving the error. This makes him eligible for benefits. When he proved the error to the appeals board and employer - at the hearing (today), the employer tried to CHANGE the reason for termination to not being honest about why he missed work. Saying now he was terminated due to misconduct.
    Can they change the reason in this way and will the appeals board take it into consideration?
    The only thing your friend can do is appeal and be honest. They will get a chance to go over everything in the file before the hearing. The employer will have the burden of proof showing misconduct......like you were warned, it was company policy, etc. If the employer can't prove it, your friend will more than likely prevail. But it's impossible to say anything for sure.

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