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  1. #1
    Join Date
    Sep 2012
    Location
    San Diego,CA
    Posts
    6

    Default EDD Granted Unemployment Benefits, Now Employer is Appealing

    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.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: EDD Ruled in My Favor and Grandted Benefits and Now Employer Appeals After 6 Week

    You are free to appeal. Talking on the cell phone, talking to a visitor and eating while working, all waste productivity of the employers paid for time.

  3. #3
    Join Date
    Jun 2012
    Posts
    173

    Default Re: EDD Ruled in My Favor and Granted Benefits and Now Employer Appeals After 6 Weeks

    From my experience with EDD, an appeal like your employers would likely fail since they are still admitting to firing you. Even if you did waste production time, that wouldn't be grounds to deny you your EDD benefits. The point of EDD is to provide a temporary safety net for those who were legitimately fired. Regardless of whether you were let go for performance issues or if your employer didn't like you, you would still be entitled to EDD benefits.

  4. #4
    Join Date
    Sep 2012
    Location
    San Diego,CA
    Posts
    6

    Default Re: EDD Ruled in My Favor and Granted Benefits and Now Employer Appeals After 6 Weeks

    Thank you for replying to my posting first off, I honestly do appreciate it. I wanted to ask you or anybody else that has helpful information what should my approach be for my appeal? My previous employer lying or should I use the exact reason they told EDD which was waste of production time and turn that around on them. Because I already have my co-worker willing to write a statement during the whole duration that he worked with me that I never wasted production time, I also have an employee of western towing willing to write a statement for me as well at how i never wasted production time and was always professional and did my job to the best of my ability.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: EDD Ruled in My Favor and Granted Benefits and Now Employer Appeals After 6 Weeks

    The fact that they explain things to you one way (You ate on the job, you had friends visit you at work, you talked on the phone when you were supposed to be working) does not necessarily mean that they gave a different story to the EDD ("He wasted production time by eating, chatting with friends and talking on the phone when he was supposed to be doing his job.) One way or another the EDD didn't find their argument convincing.

  6. #6
    Join Date
    Sep 2012
    Location
    San Diego,CA
    Posts
    6

    Default Re: EDD Ruled in My Favor and Granted Benefits and Now Employer Appeals After 6 Weeks

    Well that's my point because when I was fired I contested as well as requested proof of such accusations and they told me that they weren't going to do that because they were not going to challenge the the owner of the property because they weren't willing to loose the contract over sticking up for me. So they just got rid of me. Not one time was i ever written up or told I was doing a bad job or not to do something that i was doing.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,212

    Default Re: EDD Ruled in My Favor and Granted Benefits and Now Employer Appeals After 6 Weeks

    No doubt why the EDD ruled in your favor.

  8. #8
    Join Date
    Sep 2012
    Location
    San Diego,CA
    Posts
    6

    Default Re: EDD Ruled in My Favor and Granted Benefits and Now Employer Appeals After 6 Weeks

    So if im understanding the replies correctly then the EDD ruled in my favor because they didn't feel that the reason of wasting production time was enough to justify my previous employer for terminating me, right? I would love to list exactly what my previous employer told EDD but I haven't received the actual appeal of my previous employer along with the appeal date and time for the hearing yet. But when I do I will list exactly what they stipulated. Also thank you to cbg, statcom, and Mr. Knowitall for replying to my posting with your thoughts. I do appreciate them.

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,212

    Default Re: EDD Ruled in My Favor and Granted Benefits and Now Employer Appeals After 6 Weeks

    No, not quite.

    There is a perception that if unemployment benefits are granted, it means that the employer was in some way wrong or unjustified in terming the employee. That is not at all the case. The EDD does not determine whether the termination was justified. What they determine is whether or not the employer has proved a case that the employee's misconduct (if the reason for termination was misconduct) was egregarious enough to deny benefits. That is in no way the same thing as saying that the termination was unjustified.

  10. #10
    Join Date
    Sep 2012
    Location
    San Diego,CA
    Posts
    6

    Default Re: EDD Ruled in My Favor and Granted Benefits and Now Employer Appeals After 6 Weeks

    Update of Information:

    I just received the appeal packet in the mail from EDD.

    My previous employer disagrees with EDD's ruling for the following reason which is word for word:

    Mr. Hansel failed to perform his job properly. By his poor performance he put our contract in jeopardy. Loss of this major client will put many others out of work and result in a financial loss for EPA K9.

    It further stipulates that my previous employer never returned the phone call to EDD when EDD attempted to contact them by phone but was unable to and ended up leaving a voice mail instructing them to return the phone call.

    This was also listed under the reporting facts for my previous employer word for word:
    The management for wave house requested he be removed from this site. Mr. Hansel was observed using his cell phone excessively. Constantly eating while on duty and having his girlfriend at the site while he was suppose to be working. This is against company policy.

    I'm trying to see how I should go about fighting this and defending my self because the appeal hearing is by phone on September 24th, 2012 at 10am and I have to have any documentation turned in by September 19th, 2012. So any suggestions or help would greatly be appreciated.

    - - - Updated - - -

    I also wanted to add why the EDD ruled against my employer and granted me my benefits in the first place:

    The claimant was terminated for wasting production time. The employer has not shown the reason for the termination was for misconduct connected with work or that the claimant injured their interest, (no response from employer). After considering the available information, the department finds the reasons for termination does not meet the definition of misconduct connected with the work under the CUIC section 1256.

    - - - Updated - - -

    So nobody has any suggestions or comments or anything???

    The only two defenses I have been able to think of to defend this would be the following listed below:

    1) When I was rehired I never signed any documentation setting forth company policy and procedures

    2) Throughout the whole duration of employment with my previous employer was I ever verbally,physically, or paperwork wise written up, suspended, reprimanded, or warned that anything that I was doing was violating company policy and procedure. To my knowledge with out any prior warning's the termination wont be justified according to the CUIC section 1256.

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