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  1. #1

    Default Denied Unemployment for Being Absent Without Permission

    My question involves unemployment benefits for the state of: California

    My employer claimed that I left my shift 30 minutes early without permission and fired me. I had spoken with my supervisor a couple of days prior to that about needing to leave early and was told it would be okay. But the higher level manager fired me. I filed for unemployment, had the interview and was denied benefits.

    My intention is to appeal and I am seeking advice as to how to be prepare to appeal. Thank you in advance for any help.

  2. #2
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: Denied Unemployment for Being Absent Without Permission

    When you file the appeal say nothing more than, "the determination dated mm/dd/yy is wrong. I want an appeal hearing scheduled." It's sufficient to get a hearing, but it's weak enough that your employer might be lulled into not attending the hearing or sending the wrong witness(es) to improve your chances at the hearing.

    Then about 3 days before your hearing be sure to go view the hearing packet if you have an in-person hearing, and if it's a telephone hearing, you'll get all the information in the mail.

    Having permission to leave early is NOT disqualifying. The problem is proving it. You can certainly testify that you had permission, but if the employer shows at your hearing and lies, the judge is free to believe the employer over you. Think very hard about what happened that day. Did you text for permission? Do you still have the reply? Did you call? Sometimes just having a phone record that a call was made from your phone to your employer on that date will tip things in your favor even though the phone record wouldn't prove the contents of the call. Was anyone present that heard you ask for permission and the reply that would be your witness?

    Also, who the employer brings to testify can make a difference. If only the higher manager is present, he/she wouldn't be the best employer witness to testify as to what happened between you and your immediate supervisor. It's for this reason that you don't want to write more than what I told you on your appeal REQUEST. You don't want to tip off the employer to your hearing strategy. The last thing you want is for the employer to send the supervisor and then coerce him/her into lying.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Denied Unemployment for Being Absent Without Permission

    Agree with Chyvan.

    Bring up the name of your supervisor at the hearing and ask that he/she be telephoned on the spot for a statement.

    Still might work against you.

    In the future, on any job, always ask for time off in writing and get written confirmation of permission to take time off, even if it's just you sending confirmation so you have it on record.

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