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  1. #1

    Default Unemployment Appeal After Denial for Misconduct in California

    My question involves unemployment benefits for the state of: California

    Hello. My ruling came back denied for misconduct.

    The policy break involved a transaction that was initially tendered by an employee while I was not working. I followed up on recouping the co-pay. An audit was performed and this transaction was discovered, discussed and documented in may of this year. I admitted my involvement as the transaction in question had occurred three to four weeks prior to the audit.

    Management ('loss prevention', HR, and my supervisor) was aware of the 'policy break' for 7.5 weeks until I was terminated.

    The initial break of policy and intention to carry it out was in fact facilitated by another employee. Also they let me continue to work there after a violation for 7.5 weeks before deciding to let me go.

    We're they not excusing this very violation for almost two months? Do I have a case for condonation?

    Thanks to all who take the time to weigh in.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: California UI Appeal After Denial for Misconduct

    If you think you can convince the state of California that because your employers took the time to do an investigation before deciding what action to take, that means they "condoned" your action and the state's decision was in error, feel free to try.

  3. #3

    Default Re: California UI Appeal After Denial for Misconduct

    Quote Quoting cbg
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    If you think you can convince the state of California that because your employers took the time to do an investigation before deciding what action to take, that means they "condoned" your action and the state's decision was in error, feel free to try.
    Thank you for responding. I never thought an investigation was taking 7.5 weeks. All of the information was documented and ready to go at the conclusion of the audit in early may.
    My boss acknowledged the results with me and told me I would get a final write up, then in the exit interview told me ' I am sorry if I mislead you'.

    This is a huge corporation. They don't can anyone without an air tight case I'm sure. But 7.5 weeks to terminate someone. That confuses me.

    Thanks Again.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: California UI Appeal After Denial for Misconduct

    There is nothing in the law that mandates when an employee must be termed; nothing in the law that says when an investigation must be completed, and, in 49 out of 50 states including CA, they don't even need a reason to fire you. They do, however, need a reason constituting misconduct if they want to contest benefits.

    It should be noted, however, that the state, not the employer, determines what constitutes behavior sufficient to deny unemployment. I have had employees denied for unemployment when I didn't even contest, because the state determined that the employee's actions warranted denial of benefits whether I contested or not.

    By all means appeal. I'm not saying not to. No one ever prevailed in an appeal without filing one. But you need to have a realistic understanding of what the employer is likely to respond.

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