My question involves unemployment benefits for the state of: California
My question is regarding my denial of unemployment and if I can win by appealing? Any advice would be sincerely appreciated. Thank you.
I worked as a field technician and travel from home to the customer sites in company provided work vehicle.
I was told technicians are issued a net book to use in the field. I thought this sounded better than a regular laptop.
(If you've ever tried using a laptop while sitting in the drivers seat of a vehicle you'll understand what I'm talking about since there's no way you can really put it in your lap. Positioning it to the side of you makes looking at the screen and any typing very uncomfortable.)
I never did get a netbook but was given a full size old dell that wouldn't stay on unless it was plugged in to the wall. I also received a smart phone to use that could access my corp email.
My phone began having problems accessing my work email. I reported this to my supervisor and IT dept as it was very important to be able to access info throughout my day. I did this through email I sent by accessing my work email through my personal computer at home. I still have all the messages back and forth. I also reported that my laptop was useless as a tool since it had to be plugged in and inquired when I might be getting a netbook like the other technicians had. I received idiotic responses like take the battery out and put it back in or was ignored and got no response. Since I was a new employee and trying not to become known as the constant complainer, I found other ways to get the tasks done I was required to do, and needed to do before leaving my house and traveling to a customer site.
This often included reading emails, researching tracking numbers for parts, as well as geographically mapping out the calls. I used this info when deciding which location I needed to go to first.
There were times I also received emails with attachments that couldn't be opened by my smartphone, so I would review them on my home computer as well as print out shipping labels.
All these tasks are things I was required to do, and was unable to do in the field.
My boss sent me an email that said I was not leaving my house at 8 am so why was I reporting this time as having been working? I explained that I was working and doing all the admin I wasn't able to do out in the field. He said via email that I would be written up for not escalating these issues sooner and not leaving my house at 8. I never received an actual write up, and wasn't that worried about it since I figured I could show him all the emails that he apparently chose to ignore if he decided to actually do it.
He escalated the issues again to the IT dept who finally said they were shipping me a new phone, and also a new battery for my old laptop since they said there were no more netbooks avail and a new one was too expensive.
My boss said he wanted me to leave at 8am, could I do that? I told him I could physically walk out the door at 8, but until the problems were resolved I was not going to be very effective to run calls since I couldn't access the info I needed, or even make the choice of which call to run first.
Before the new phone and battery arrived, I got the call saying I was terminated for not leaving the house at 8.
My argument is that I can prove through emails sent and received that I was working at 8am and doing tasks my position required all because I had no other way to do it.
My boss is apparently saying I was terminated for willful misconduct.
I had to choose between doing my job or start driving at 8 not knowing where I was going. I thought doing my job the only way I could until the new equipment arrived was better than not at all.
My boss disagreed.
P.S.- I can also show reports that were sent out by management showing the number of calls per technician. I was almost always in the top 3 and even ran the most of anyone on a few of them. Should I present this type of documentation during my appeal? Should I submit some or all the emails I have regarding this?

