My question involves unemployment benefits for the state of: California. I was fired from my job because I made a mistake in quickbooks. I was never told of the mistake until the day I was fired. I had a supervisor who was supposed to review everything I did in quickbooks however he did not. When I was hired they knew I was not well versed in quickbooks, in fact I was tested as part of my interview process, I failed the test miserably and left the office thinking I would not be hired. But the next day I was hired despite my lack of knowledge of Quickbooks.
I tried to obtain benefits but my employer now says that I was fired due to "gross misconduct" i.e. stealing from the agency! The mistake I made was an addition of benefit premium ($69) instead of a deduction. I did not know how to set up deductions nor was I ever trained. I thought I was doing it correctly as my supervisor (who was supposed to review everything) never told me otherwise.
I appealed the decision and had my hearing last month. I received my hearing decision stating I was still denied benefits. The judge said I was not convincing enough! The judge also stated that he basically believed I was hired "because" I was well versed at Quickbooks. The judge also stated that I received unapproved payroll advances! I distinctly recall the judge asking my employer if my payroll advance was approved during the hearing, and my employer said "yes". A payroll advance was never an issue. Nor could any employee obtain an unapproved advance as the supervisor signs all checks.
I have requested a 2nd appeal stating a) no evidence was given to show I was hired because I said I was experienced at quickbooks - my employer did not provide my resume and/or application nor did the judge request it; b) there was never an issue about a payroll advance, my employer never had an issue with an advance, why did the judge state this and what evidence does he have of this?; c) my employer said I knew how to do deductions because I had set his (supervisor) deductions up in quickbooks; this is not true as my supervisor had been working there for 5 yrs prior to my starting and his deductions were being taken out for those 5 yrs and beyond; he and I were the only employees with deductions; he had no evidence that I had set his deductions up nor did the judge request it (in fact, the judge didn't request any evidence of anything my employer said - and the employer did the hearing by phone despite being only 2 blocks away).
I want to fight this all that I can as I need my name cleared. I loved my job, was shocked the day I was fired, and it kills me to think anyone would think or say that I did anything to harm the agency (it is a non-profit agency). I never took time off, I was the first to volunteer to cover needed shifts and I volunteered a lot of my time (unpaid) for events and street outreach, not to mention I donated money, clothing and had friends do the same.
I tried to find an attorney to help me but I could not find any who work with EDD appeal hearings. I recently moved from California to another state because I haven't been able to find work (I've had no income for months now and went thru all my savings). This has basically ruined my life - all for $69 per paycheck? Never in a million years would I do that. I have a son that is ill and needs medical treatment, now we have lost insurance; I would never jeopardize that for any amount of money.
I'm sorry I've written so much, and if you're still reading, thank you. I just have to get it all out - I am very worried about whether I will win the second appeal. I have heard it rarely happens.
Has anyone ever won a second appeal?
Thanks so much for "listening".