My question involves unemployment benefits for the state of: CA
I worked through a staffing agency for a year at a very large bank, never received any write ups or verbal warnings for any kid of behavior or performance issues. On lunch on a friday I bought a $2 dollar squirt gun at a gas station as a joke. (there was no possible way it could be mistaken for a real gun.) I pointed it jokingly at a couple co-workers as well as my supervisor saying "stickem up" or " Freeze" but never shot anyone with water. My supervisor and I have always had a joking relationship and she always seemed very personable with me so I didn't think this wold be a problem. Not to mention our departments work load was so minimal everyone was finished before lunch and had no work the 2nd half of the day.
Nothing was said to me that day but when I arrived Monday morning to work my key card was deactivated and I was met by a recruiter from my agency and told my assignment was being ended due to recent insubordination. At that time I had no idea what she was talking about and why I was being let go. I have always done more work than was required as well as being low level tech support for our suite even though that was not my job.
I had my phone interview with EDD which last all of 5 minutes when asked why I was let go I told her I was told insubordination but was not told anything more. She asked me about the squirt gun if I had brought one to work and shot my supervisor. I advised her I had brought one but did not shoot my supervisor. The interviewer asked me if I had pointed it at my supervisor and I told her yes in a joking manner. That was the end of the questioning and I was denied under 1256 MC 485 for "violation of a reasonable employer rule"
I thoroughly researched prior to my interview and felt that this act would have fallen under MC 310 Neglect of duty, in section D " wasting of production time" under closing / horseplay and would have required prior warnings before being considered misconduct. I have appealed this and am just waiting for my hearing date.
Do I have a good argument in this case? Should I call witnesses to testify about our workload? Anything would be helpful.
Thanks

