Results 1 to 8 of 8

Hybrid View

  1. #1

    Default Re: My Ue Claim in California Was Denied Because Company Claimed I "Disparaged Compan

    Thank you very much for your response. This was super helpful.

    So your recommendation would be, where the Appeal Form asks for the Appellant Statement, I should simply write: "The determination dated mm/dd/yy is wrong. I want an appeal hearing scheduled."?

    It does list Instructions for this section which state that I should "Explain the reason for your appeal and why you disagree with the decision. If required, attach additional pages to this form and write your name and Social Security number on each page."

    You are certain by submitting the language you suggest this will automatically trigger an appeal?

    Also, for the appeal should I come prepared with a detailed statement that recounts my version of events as to why I was fired? Perhaps even copies of the text message exchange?

    Thank you so much for this document as well. I am reading it now.

    I really, really appreciate your help.

  2. #2
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: My Ue Claim in California Was Denied Because Company Claimed I "Disparaged Compan

    I would write "I disagree with the determination dated....."

  3. #3
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: My Ue Claim in California Was Denied Because Company Claimed I "Disparaged Compan

    Quote Quoting PayrolGuy
    View Post
    I would write "I disagree with the determination dated....."
    Quote Quoting sonofkuanti999
    View Post
    "The determination dated mm/dd/yy is wrong. I want an appeal hearing scheduled."?
    I would write what I said. Yes, you can write what Payrol guy says, but the hearing is free for the asking. The employer gets a copy. Saying "wrong" makes you sound just nutty enough that the many employers will think, "this guy doesn't stand a chance with an appeal written like that," and be further incented to skip the hearing.

    Quote Quoting sonofkuanti999
    View Post
    the reason for your appeal and why you disagree with the decision.
    Being "wrong" is a reason. People waste HOURS writing these things. Don't do that. The real magic happens at the hearing with testimony and evidence. Nothing you write will win you a hearing.

    Quote Quoting sonofkuanti999
    View Post
    You are certain by submitting the language you suggest this will automatically trigger an appeal?
    You could write, "I APPEAL!!!!" in crayon on a grocery bag. This first-level appeal is free for the asking.

    Quote Quoting sonofkuanti999
    View Post
    should I come prepared with a detailed statement
    No. Testimony is evidence, you reading from a piece of paper, not so much. The employer will be talking first if they even show up. There is no way what you write will make sense with you not knowing what the employer is going to say.

    Quote Quoting sonofkuanti999
    View Post
    Perhaps even copies of the text message exchange?
    You can have them with you, but while waiting for hopefully in-person hearing, when you see that the employer isn't coming, do NOT submit them. I don't think they are relevant. The way I read your story, the CEO fired you. He needs to provide the reason and proof, and any failure that the author of your text message gave isn't first-hand, and is hearsay.

  4. #4
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: My Ue Claim in California Was Denied Because Company Claimed I "Disparaged Compan

    The thing you need to understand is that the employer does NOT want you to receive unemployment benefits. It costs the company money. If they fire you, they must show that they had a VALID, MISCONDUCT reason to terminate you. This means that you knew that what you were doing was wrong, that you had been warned, and that ou chose to do it again and cause yourself to be fired. That you were "bad for the culture" is a silly, non-reason reason. That you knew you were "bad for the culture" or that you were doing something you knew was going to get you fired is going to be a non starter when you get to a hearing.

    I agree wholeheartedly. Forget writing a great book, forget anything except "I want to appeal." When you go into your hearing, you have a completely new opportunity to show that you did not know your job performance or anything you were doing was about to get you fired. Your wrongdoing was that you stood up to the company, expected and asked them to meet their promises, and did not back down when they told you they weren't going to do those things.

    It is extremely valid that though they wanted to fire you, they wanted you to hang around for a few more weeks and write job descriptions, and have you train the people who were going to replace you. That does not bode well for their claim that you were such a bad employee that they had to fire you.

    So a hearing will be scheduled, and you'll be in a situation with both you and your employer (if they choose to show up) present, and an appeals officer will listen to the circumstances. One thing I will caution you. DO NOT quote unemployment law to the hearing official. Just tell what happened, quietly and professionally in your own words. Be sure you emphasize that you did your job to the very best of your abilities, be sure you emphasize that you did not want to lose your job, be sure that you state the truth of the situation quietly and clearly and distinctly. Your hearing will not be won on the basis of some brilliant legalise submission or argument. It will be simply on the decision of which of you is most believable, and who is telling the truth. Did you know that your behavior on the job was going to lead to your being terminated? Did you have warnings, clear cut evidence that you were about to be fired if you didn't do this this or this, or that if you did this this or this again you'd be fired? Did you do something so awful that anybody who did it would've been fired?

    If not, then how can they say they fired you for misconduct cause and have the agency believe them? You committed no misconduct. Contrary to what some on the boards would have you believe, the agency representatives are not idiots. They can see whether or not you or the employer were telling the truth. They have no vested interest in either party winning the appeal. They just are trying to follow the law and see which of you is entitled to the benefit of the doubt.

    1. Sponsored Links
       

Similar Threads

  1. Denial & Appeals: Denied Unemployment After Unfair Termination for Willful Misconduct
    By techchic in forum Employment and Labor
    Replies: 14
    Last Post: 08-06-2014, 06:44 PM
  2. Disqualification: Denied Unemployment for Supposedly Violating a Company Policy
    By lady4holdin in forum Employment and Labor
    Replies: 3
    Last Post: 10-26-2013, 11:17 AM
  3. Denial & Appeals: Wrongful Termination - Now Unemployment Compensation Denied Due to Lying Employer
    By PlaneCrazy in forum Employment and Labor
    Replies: 7
    Last Post: 07-07-2012, 09:28 PM
  4. Denial & Appeals: Denied Unemployment Due to False Claim of Disparaging Emplloyer
    By MRSD in forum Employment and Labor
    Replies: 12
    Last Post: 06-20-2012, 10:12 AM
  5. Denial & Appeals: Denied Unemployment After Termination - Should I Appeal
    By danle534 in forum Employment and Labor
    Replies: 8
    Last Post: 02-27-2012, 12:17 PM
 
 
Sponsored Links

Legal Help, Information and Resources