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Notice Of Hearing For Unemployment Appeal

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  • 05-31-2008, 12:55 AM
    emrc1978
    Notice Of Hearing For Unemployment Appeal
    My question involves unemployment benefits for the state of: California

    My 64 y.o. mother-in-law was "fired" from a Dept Store company after almost three months of employment. She didn't even made it to her 90 trial period. She was told that she's not doing her job well and that she don't do what she's told to do. I asked her if she was warned before the termination, she said once but was only told to focus more on a specific task. After a couple of days they fired her. As we speak a different language, I don't have specific information of the reason for her termination.

    With the help of her sister, they filed for Unemployment Insurance and got denied. My aunt-in-law filed for an appeal. The she received the Notice of Hearing saying:

    The following Issues will be considered at the hearing
    1253(a) Does the claim for benefits comply with regulations.


    I don't even know where to start. Her sister who helped her filed all paperworks went away for a vacation and didnt left any copies of paperworks that could help me with the case. All I have was The employers Handbook, which doesn't say anything about procedures and anything about termination or warnings. I dont even know what reason my aunt-in-Law wrote on the Appeal. And I dont have any copy of the Form EDD sent her stating why she was denied benefits. My Aunt-in-law might have the copies but she's out of the country and so hard to communicate with.

    The Hearing is on Wednesday... and my poor mother-in-law is almost breaking down. She was interviewed a couple of times for possible jobs, but never got the call for employment. She trying to support a family of 5, (excluding me and my husband) and is so weakened by all of theses processes.

    She said it never occurred to her that they are firing her. She's dedicated to her work, despite some of her personal faults (which I dont think jeopardizes her ability to work properly). I dont think she's ever been absent. She even went to work when she was so sick.

    I believe she was fired unfairly but I dont even know how to defend her without anything to prove or even investigate with.

    I'm planning to see her employer to request copies of her personal file. I dont know if its a good start but atleast its a start. Do I have a defense? Please, I am desperate for expert legal opinions and advise.
  • 06-01-2008, 08:13 PM
    LawResearcherMissy
    Re: Notice Of Hearing For Unemployment Appeal
    Quote:

    I'm planning to see her employer to request copies of her personal file.
    They're not going to give it to you. They can give it to your Mom or her lawyer, but you don't stand a chance of getting it.

    Your Mom was likely denied benefits because she had not worked long enough to qualify for them. Read the fact sheet here.
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