Labor Code, Sec. 1257(A) Used for Appeals Process

[leis]

My question involves unemployment benefits for the state of: California. Employer was outsourcing corp. that hired me for law firm that per the appeals notice and request for same, say that my claim be lodged as misconduct, as they indicate I was late for work and fired for same.

LC 1257(a) defines more over as willfully false statement or failure to report fact in order to obtain bens.

Well, on my u.i. app. I have used simplist reason "in my own words" as it asked, for separation reason of employment to be "fired/job terminated or ended" and they are using this as a means to say I lied.

In all honesty, the late or tardy arrivals resulted from my having trouble with the commute to work. On the report submitted with the appeals request, they use my exit-interview that I did sign-off on, but there is a descrepancy. They indicated they moved or adjusted my start up time twice, to accommodate me which, still I failed. They moved my start up time "once" for my accommodation +/or my request for same. A second time was mandatory when I was moved to a dept. that started at a one-hour-later time. That may seem moot or not of issue, but doesn't make it look any better on my part.

My question is: Is this a cut-dry case against me, as they have lodged. I do not feel or believe that the corp. (at least the personnel director and reg. manager who hired me) would label or use a misconduct to discredit or disallow my accessing u.i. bens. in this regard. I recently contacted them to inquire about job openings, and they courteously answered, but with no openings, still yet, I felt good that at least, I might be considered, if so. During the actual termination process, the site manager, as well, repeated that it had nothing to do with my excellent job performance, but was due to the late arrivals, of the corporation's policy to discharge me.

Other question is, in this regard, is if the EDD would permit or have the past claim forms that I might copy and present as evidentiary purpose, to show that I used the same answer on past u.i. apps. that sufficed. The appeals would assist, if necessary, in subpoenaing same, if docs. or papers wouldn't be accessible by simple request, etc...

Lastly, it would seem that the appeal is coming a bit late, since my original claim form was in Nov. 08. And doesn't that begin the process or the determination of benefits granted or not, start the claim's process? Overall, it seems like they are disputing their own decision, now.

Either way, thanks in advance for any information that might be helpful.

[Mr. Knowitall]

What exact statement did you make that they are alleging to have been a lie? Or, in the alternative, what didn't you disclose that they claim triggered this sanction?

[leis]

On my application, I said that job ended/laid off and that was what the EDD-guy told me when I called to asked about my application and what exactly I put on it for the reason. I thought if I get a copy of my past applications from the EDD, I had said about the same thing or when answering the reason of separation or termination of employment. The EDD guy seemed to say that he couldn't really provide copies and didn't think it was necessary. hmm

He said that the employer answered and said that I lied because I was fired. Now, the bottom line's they fired me for lateness, but I am contesting that because I don't see it as misconduct on my part for being late, and the reg. mgr. said I could maybe reapply in a few months, during the termination process. Due to the hardship of commuting, and either way, we all have to get to work, but I feel like this was a lot of the trouble was only in getting to work, because my performance was excellent, they even said, and I loved the job, what's more. So, in the way of making it seem that I was negatively fired or whatever, that's what I'm trying to fight. And unemployment is only now, what I have as far as anything. The claim's paid off, already. I was anticipating getting the extension next month.

[cbg]

A layoff means that there is a very real possibility of being called back to work. It is not a layoff unless the INTENT OF THE EMPLOYER is that it be temporary. "Maybe you can reapply in a few months" is not an intent that it be temporary. That is a firing. "You should be back to work by May 15" is an intent that it be temporary. That is a layoff.

You were fired. The fact that you do not see it as misconduct does not magically turn it into a layoff.

[leis]

I see (from your response).
The thing is too, I didn't really remember, until I went to the ctr. to speak to someone about my app. what I actually put down on the app. for the reason, and the laid-off then is what I did put, but at the same time, I didn't really consider the difference, I just applied and that's that.

So, in the interim, I wanted to ask your opinion, while we're on the subject of my having been misconducted...On exit intrvw.-rpt., there is an error of the start up times, and so long as I'm being pointed out as having said or done something in the guise of a lie, then I believe that that error should be considered and worth noting inasmuch.