My question involves unemployment benefits for the state of: CA
Hello everybody and welcome to my one of the many vary interesting stories regarding one of the lovely employers in the state of CA.
In January of 2012, I recently was rehired at one my previous employers for a duration of time starting in the 3rd week of January and ending July 8th, 2012 was my last day of obtaining hours. I wasn't actually terminated in till the following week on 07/16/12. During the termination I was given a termination notice and the box for violating company policy and procedures was checked but the blank lines their after were left blank, which I got a copy of for my records. They stated that I was being terminated for 3 of several reasons which were the following;
1)cell phone usage
2)having a person on site
3)eating on post
The other for were never told to me because I believe they were just making stuff up to tell me. When I asked for proof of these accusations they couldn't provide my anything.
So I filed for Unemployment on 07/15/12 due to the fact that I heard through one of my now previous co-workers that they were going to terminate me on Monday, which they did.
On August 23rd, 2012 I was mailed my notice of Award letter which only gave me a maximum of $136 a week which is low but ill take anything i can get due to me having 2 kids.
My phone interview was scheduled for August 2nd, 2012 between 8am-10am which I must say went well.
On August 10th, 2012 I received an electronic benefit payment notification stating that my first payment has been processed and issued and let me know about when ill be getting my EDD debit card.
I have been filling out the continued claims forms like required and also reporting the income that I make which is only part time work with a security company doing the charger home games for them.
Now on 08/30/12 I receive a notice that my former employer is appealing the EDD departments decision on granting me benefits for the reason of wasting production time apparently. The following is exactly what the notice says for clarification because I am all new to this.
I just dont get how they can switch up the reason for first terminating me and now their excuse is wasting production time. Which according the appeal office codes is defined as the following which I have never did. I was never even warned or written up for not a dam thing.
Wasting Production Time
Whatever interferes either with the operation of the employer's business or the employer's relationship with his employees or customers is clearly damaging to the employer's interests. Such conduct as annoying other employees, engaging in excessive conversations and joking can constitute misconduct. However, such incidents, standing alone, are normally trivial and inconsequential. Accordingly, in order to constitute misconduct, the claimant must have persisted in such conduct after warnings or reprimands. In the absence of prior warnings or reprimands, the claimant's horseplay, joking and excessive conversations, etc., would amount to no more than unsatisfactory conduct and not misconduct.
Example - Horseplay and Clowning, Prior Warnings:
The claimant tampered with his employer's equipment and engaged in horseplay dangerous to himself and fellow employees over a considerable period of time. Several employees complained to the employer of the claimant's horseplay and clowning. Fellow employees did not wish to work with him because he would not do his share of the work. The claimant persisted in the course of conduct despite repeated warnings and finally was discharged.
Although some of the incidents standing alone may have been too minor and inconsequential to constitute misconduct, consideration of the entire series of incidents and of the claimant's persistent disregard of repeated warnings and instructions, establishes that the claimant deliberately disregarded standards of behavior which the employer has the right to expect of his employee.
Any thoughts of what might happen or any advice would be appreciated. I do plan on appealing this appeal because their just lying their buts off in order not to pay.