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  1. #1
    Join Date
    Jul 2010
    San Fernando Valley, CA (LA area)

    Default Appealing a Sec. 1256 Unemployment Denial in California

    My question involves unemployment benefits for the state of: California

    I am going in front of an Admin Law Judge next week code section 1256. The day before I got fired I had to leave work for an emergency medical heart procedure on my daughter Dad. I email my boss told he I was leaving. I have a co-worker as well (she is a paralegal). My boss told me if I got a hold of the client I was doing a copy job and they said it can wait one day that would be fine. I did this and left. I called and left voice mails with my co-worker to call me, she never did. The next morning. I came to work early to start this project first thing. I knew something was up because I did not receive any emails from the atty or co-worker. (three person office, we always cc each other so that we all know what is happening). I said to the book keeper, I have bad feeling, I think I will be fired today. When my boss go in she was upset, she also had a $30,000 tax bill on her desk. She hates paying anything. She said she was really upset with me and I jeopardize her practice by leaving. She told me to go home. Several times. I kept saying I have to much work to do. She said it one more time and I asked her if she was firing me. She then said, " You know what, yes, I didn't' want this to happen like this. I have a $30k tax bill to pay and I wanted you to do collections yesterday." (we are somewhat friends,) I pick up her daughter all the time and take her to wherever she needs to go. She then said go pack your things I will get your paycheck and give you an extra two weeks. (This was Thurs., April 15th). I did so, she came back with two envelopes, handed me one went to her office, I was visible upset crying. ( I am a single mom, getting no child support, have a mortgage, etc., all kinds of things were going through my head. I went to her office crying she stood up gave me a hug and again said I never wanted it to happen like this. She walked away and I never saw her again. I finished packing and left.
    She states, I failed to return to work after a day off, and failed to reply to her emails (sent to my work email) and my cell phone I did not get. She is an attorney and I feel I am already at a disadvantage. Why would I check my email from work? I never got a call from her. After I calmed down a couple of day later I did check my email to forward any business and set a reply message to contact my co-worker only. There was two emails. One asking where my stuff was and the other one telling me to get files ready for her for trial prep. What the heck??
    I actually went in the office early Friday morning thinking to write her a note but everything on my desk and cubby were empty. Nothing in my in box and there was a ton of stuff the day before. Everything was gone. I was devastated and left without writing anything. I would never think my desk would of been cleared that fast.
    What is the best strategy? I found a Precedent Benefit Decision (P-B-458 Case No. 87-4727) whereas there was a misunderstanding, and the moving party could not be determined. I do not know how to read law. Would this help me? I am desperate and have been looking for work with no results.
    I think within the few months I will begin to lose my house.
    How do I go up against my ex boss whom is an attorney? Please help!
    Thank you for your time.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Appealing a Sec. 1256 Unemployment Denial in California

    You state the facts of your case to the best of your ability, and see what happens.

    You seem to state that you did what your boss asked you to do before leaving, but then you digress into a host of other issues that may or may not be relevant, making it difficult for us to guess what actually is relevant.

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