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  1. #1
    Join Date
    Jul 2010
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    7

    Default Points and Authorities - Opening Brief

    My question involves unemployment benefits for the state of: California

    Writing pnts & authorities supporting writ of mand. the ALJ states that by me not disclosing that I was on probation makes me deceitful and not dealing fairly with my employer testimony by employer is the DID NOT inquire (not asked on app) and still would have hired me. Does this show bias/abuse of discretion, since I was under no legal or moral obligation to disclose? There are several other statements where he contradicts testimony to characterize me negatively
    The ALJ also makes statements in his findings that are not supported by the testimony such as " the employee also acted unprofessionally - he cursed at a female office worker on at least 1 occasion, where the testimony actually states "there was one instance where the gentleman next to wayne or maybe wayne i dont know who - said something to our secratry and wayne called me and said im not taking that fom that ****ing bitch. he doesnt testify to knowing "who" made the call or "what was said . this doesnt collaberate the ALJ's finding. how do i address this? One more thing, the ALJ also makes statements in his findings that there is no testimony to support - advice?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Points and Authorities - Opening Brief

    I cannot read the findings from here, so I have no way of telling you why the ALJ would find you responsible for not disclosing something in the absence of a question by the employer, save perhaps if your termination was directly related to your probation.

    Cursing at fellow employees would be an independent, valid basis to fire you.

  3. #3
    Join Date
    Jul 2010
    Posts
    7

    Default Re: Points and Authorities - Opening Brief

    i could post the decision. but basically I'm trying to find case law to cite consistent with the fact that since the employer did not inquire about any convictions that i was not being deceitful or outside the bounds of law by not "offering up that information. thank you

  4. #4
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    Sep 2005
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    98,846

    Default Re: Points and Authorities - Opening Brief

    You can look for case law on sites like LexisOne and Google Scholar.

    Effective research of case law requires knowledge of the relevant facts.

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