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  1. #1
    Join Date
    Nov 2010
    Posts
    4

    Default Chances of Winning a Second Board Appeal for Unemployment Benefits

    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".

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Chances of Winning a Second (Board) Appeal for Benefits

    You're stating that the underlying "mistake" involved your adding $69 per week to your paycheck (and yours alone?) for something that was supposed to be a deduction from your paycheck? One time, or over a course of many weeks?

  3. #3
    Join Date
    Nov 2010
    Posts
    4

    Default Re: Chances of Winning a Second (Board) Appeal for Benefits

    over many weeks; i did deductions for only 2 employees, myself and my supervisor. the mistake was made over and over because it was never found as a mistake. if i don't know anything is wrong then how can it be fixed. had my supervisor found it during his "review" of payroll i would have rectified it immediately. personally i think he wanted me to take the fall as he had made the same mistake with a previous employee, also an office manager who did not take out deductions at all for her insurance. this mistake was never found until almost a year after she left. the board came down pretty hard on my supervisor as he was supposed to have reviewed everything to find mistakes. this was prior to my employment, my supervisor told me of this when i first started so i was very confident that he would review in detail any payroll/accounting for mistakes. my supervisor's deductions were automatically set up long before i started. i did not know how to do the automatic set up and was never trained in doing deductions. when they come out on the paycheck there is no minus or plus sign - just the amount. my supervisor's job was to carefully review every paycheck before signing them, review for mistakes. i never rechecked my paychecks because i always did them myself, i felt confident that if there were a mistake my supervisor would find it in his review, and nothing (mistake) was ever pointed out to me. i had two different types of pay on my paycheck (hourly and then overnight pay which was different). i am not a bookkeeper, nor am i an expert (or anything close) in quickbooks and i made this perfectly clear when i interviewed. i stated in 2nd appeal that employer did not produce evidence that i had claimed to be well versed in QB, he did not produce my resume or job application, nor did the judge ask for it. also, my employer said i set up his deductions, which was impossible as my employer (supervisor) had already been working with the agency for 5 years and had deductions (for health insurance as well as wage garnishments) for 4 1/2 of those 5 years PRIOR to my starting the job 18 months before i was fired. my employer did not produce evidence of this either (pay stubs), nor did the judge ask. in fact, my employer did not produce any evidence at all and the judge did not ask him to produce any; when the judge asked for document information most of my employer's answers were "oh, i don't have that paper handy" and that was that. my employer did appeal by phone. if i'm guilty of anything it's of not being experienced with quickbooks, however i never said i was. and they knew this, as they tested me the day after my interview, which i failed as i stated in initial posting.

    also, another employee was to have life insurance deductions ($3something) that my supervisor "forgot" about (his words) until a few weeks before i was fired. i asked him how to handle it and he said to just start deducting them and "not to worry" about the prior months of not deducting the amount from her payroll. for all i know when i did her deduction of $3 (and some odd cents) it was an addition as well because again, i did not know how to set up automatically so i did it manually. i also just recently found out from a co-worker that i had made mistakes on her paycheck, to her advantage, in her wages. she did not want to point it out to the supervisor as she didn't want to have to repay any money. yet another mistake i made because i was not experienced at quickbooks and no one was checking my work - KNOWING that i was not experienced at quickbooks yet making it part of my job description. i did my best at what i knew, i excelled in every other aspect of my job. when i did the first payroll, when i started the job in january 2009, i would bring the payroll into my supervisor and say "please check for mistakes before approving", not because i was stupid, but because i knew, and he knew, i was not experienced and any accounting should be read by a second pair of eyes. also that was part of his job, to review any and all items relating to accounting - payroll, bills, payments, etc. - before he would sign the check.

  4. #4
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Chances of Winning a Second (Board) Appeal for Benefits

    I'm sorry, but this was your OWN paycheck. You mean you don't check you own paycheck? It's pretty obvious when you're supposed to have a deduction and the amount is paid instead.

    I find it very hard to believe you didn't know. When you try something for the first time, you check the results immediately. I've been in payroll for over 30 years and honestly, I don't believe you when you say you didn't know there was an error. Even if it was a simple mistake, that's why you check your work. If you don't check your work and you make continuing errors on YOUR paycheck for multiple paychecks in a row, you weren't doing your job adequately and you cost the company money to YOUR advantage.

    It's very simple to check your own paycheck.

  5. #5
    Join Date
    Nov 2010
    Posts
    4

    Default Re: Chances of Winning a Second (Board) Appeal for Benefits

    all that would show on the paystub was $69 - it didn't show a plus or minus - my paycheck amount was different each week due to my hours changing and how many nights i worked (which was a different pay). i didn't recheck my check because i did it. i added my hours, which were approved prior to doing the check (the same for everyone). as far as costing the company money, as soon as i was told of the mistake, on the day i was terminated, i said i wanted to repay the money - i had them keep 96 hours of accrued vacation time. if someone else were doing payroll, yes i would double check my paycheck. but i did the paycheck, and then it was checked by my supervisor who either a) did not do his job in reviewing all payroll or b) he didn't realize the mistake either. if this wasn't a mistake i wouldn't be fighting so hard for this. as far as doing my job adequately, i am not experienced in this - i was never trained - they knew this when i was hired. as i said i took a quickbooks test prior to my being hired and did not do well at all, i left thinking there was no way i would be hired. but i was. on my first day i said i needed training in quickbooks. all that i got was a few hours going over taxes as they had problems in tax issues in the past. i did my deduction exactly as my supervisor showed me on the first payroll and i continued to do it the same way.

  6. #6
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Chances of Winning a Second (Board) Appeal for Benefits

    Then you run the numbers. Very simple. Gross minus taxes minus other deductions equals net pay.

  7. #7
    Join Date
    Nov 2010
    Posts
    4

    Default Re: Chances of Winning a Second (Board) Appeal for Benefits

    i don't know if you're just not understanding this or not - regardless of what SHOULD HAVE been done, it wasn't, by me or my supervisor because he never saw the mistake either. i posted on here seeking help regarding my appeal, not to be berated or told what should have been done. i know what should have been done - me not doing accounting without training - that's what should've been done! had i applied for this job saying "i have loads of experience with quickbooks and i have loads of experience with payroll" then it would be a different story. they KNEW i was not experienced at QB when they hired me, they said i would be trained and i was not, therefore i looked to my supervisor to carefully check all my work for mistakes, as he was supposed to do. but he never found it either, unless he was not doing his job. please "pattypa" do not reply to my posts as you are not of any help with this matter. im sure you are qualified in what you do, and i am not expecting someone to post only to say "yes! you will win your appeal!" - constructive opinions about my appeal and the appeal process are what i'm looking for. if this is what i get, then i came to the wrong forum.

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