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  1. #1
    Join Date
    Jul 2012
    Posts
    7

    Default Re: California Unemployment Appeal Hearing Pending

    I work at the corporate building which is no customer are allowed in that buidling.

  2. #2

    Default Re: California Unemployment Appeal Hearing Pending

    How did you find out what classification your misconduct was? Mine just came back misconduct...no explanation. Can you keep us posted on your appeal? When is it?

  3. #3
    Join Date
    Jul 2012
    Posts
    7

    Default Re: California Unemployment Appeal Hearing Pending

    I had to go to the CA EDD website and read through them. here is the link. http://www.edd.ca.gov/uibdg/Miscondu...f_Contents.htm

    My Hearing is tomorrow. 8/8 at 10 am. I have a witness coming with me, I found that under the classification that edd ruled under " violation of employer rule " that ALL six elements must be present for it to be considered misconduct.

    Thus, a violation of an employer rule is not, by itself, misconduct. It would be misconduct if all of the following conditions are met:

    The rule is reasonable.
    The claimant knew or should have known the rule.
    The violation is wilful and wanton.
    The violation is material.
    The violation substantially injures or tends to injure the employer's interests.
    The employer has warned or reprimanded the claimant for previous violations of the same or similar employer rules.

    I'm very confident I will win. Because the violation was not material (it did not interfere with my employers operation). There was no substantial injury or intent to injure my employers interests and I have never been warned or reprimanded for anything.

    I will update the results as soon as I get word

  4. #4
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: California Unemployment Appeal Hearing Pending

    Don't forget this one: The claimant knew or should have known the rule.


    While the bank may have had such a rule about toy guns, there was a very real probability the temp agency you were working for nor the bank communicated such rule to you just because you were a temp, and that's quite often how they are treated.

  5. #5
    Join Date
    Jul 2012
    Posts
    7

    Default Re: California Unemployment Appeal Hearing Pending

    I WON!!! The judge agreed that this was just a error in judgement on my part. It wasn't willful or wanton and did not constitute misconduct.

  6. #6
    Join Date
    Jul 2012
    Location
    California
    Posts
    24

    Default Re: California Unemployment Appeal Hearing Pending

    Im from CA too and my hearing was on July 23rd also too for misconduct that the employer accused me of. Im still waiting for my decision(they say 2-4wks) how did you get your decision so fast?(within the same day)

  7. #7
    Join Date
    Jul 2012
    Posts
    7

    Default Re: California Unemployment Appeal Hearing Pending

    My judge was kind enough to tell me at the end of my hearing off the record. I got my decision letter today.......

  8. #8
    Join Date
    Aug 2012
    Posts
    1

    Default Re: California Unemployment Appeal Hearing Pending

    I have a question for you, I just had my appeal hearing as well on the 22nd of August and I received my decision that I won yesterday... Did you receive your check as fast as the appeal decision? Or how long did it take?

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