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  1. #1
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    May 2013
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    Default Employer Contested My Claim for Benefits with False Accusations

    My question involves labor and employment law for the state of: California

    I have been reading about different peoples situations and have learned quite a few things about these situations. One is that U I benefits are really thin and were not meant as a replacement for regular income. Also qualifying for the same benefits is also time consuming as well, and people should be looking at various other forms of assistance, when first applying for benefits. Part-time or temporary jobs will also help with income shortages until a full-time job can be found.

    Hello all I am dealing with a Disqualification stemming from the ex-employer contesting my claim with falsehoods (IMO). The story is a bit corny so bear with me. I was a long term employee with multiple job duties. I always did my best on this job and tried to stay busy. I am going to start with the hour in question and you can ask any questions from there on. I had been performing a variety of jobs in the morning under the Owners Supervision and a manager too. I was then told to pull some weeds in the recently improved garden. I identified the type of weeds as a very hardy type of weeds and wished to discuss the removal beyond just pulling out. I knew from a previous time pulling these same weeds that there was a weed blocking fabric under some compost material. My request for a discussion was met with anger and was only about one to two minutes before the final reply by Boss. I was trying to get a discussion going about the fabric in the soil and how I was going to pull weeds and leave the fabric in place. I had been told before not to remove the fabric from the garden, as it was there for a reason. Also the act of pulling weeds would also pull up the fabric as the roots were infested in the fabric.

    Since I realized there would be problems with the job, this is why I tried to get a conversation going. I think I asked two or three times to discuss the job, but Boss was not having it and his anger began to raise his fury. He said "are you refusing to do what I say" and I said "No I just want to talk about this task". He brought up the past about one of the last times I pulled weeds and said "you F#$& it up the last time!!!! I said I did my best quick job or something like that. Then He said "Your Fired" all in a space of about one to two minutes. I walked away and said I have experience with this type of weed, then left. He did say something about a four hour minimum which I did not know about. Then I said, are you forgetting you just fired me?? I picked up my tools and left. I filed for UI benefits and stated that the reason was not listed, as that was what the lady told me, if the reason was not listed(so I could explain the reason). I think because I put other or not listed they may have assumed that I was not being truthful. Anyway, as soon as two weeks past and I submitted work search info then I found out the employer contested the claim and said I had "refused to do the job" and that was the reason for my termination. The lady at EDD said I could file an appeal within 30 days. I have been at this job for a long time and I have allowed one of the new employees to do some of my jobs and they stated "If (the OP) is not here to do the jobs". More info available upon request.

  2. #2
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    Mar 2013
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    Default Re: Employer Contested My Claim for Benefits with False Accusations

    File the appeal and tell your story.

    Trouble is, I don't see the accusation that you "refused to do the job" as being false.

    You were told to pull weeds and you didn't pull them. That's "refusal" no matter how you spin it.

    Common sense dictates that the first time your boss responded angrily to your questions should have been enough to tell you not to question him any further.

    All you had to do was move a little dirt from around the root and cut the root just below the surface and fill in the hole.

  3. #3
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    Default Re: Employer Contested My Claim for Benefits with False Accusations

    Quote Quoting adjusterjack
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    File the appeal and tell your story.

    Trouble is, I don't see the accusation that you "refused to do the job" as being false.

    You were told to pull weeds and you didn't pull them. That's "refusal" no matter how you spin it.

    Common sense dictates that the first time your boss responded angrily to your questions should have been enough to tell you not to question him any further.

    All you had to do was move a little dirt from around the root and cut the root just below the surface and fill in the hole.
    Ok here we go, if you remember I was there doing the job before and the weeds came back really fast and they were tangled in the weed blocking fabric. One of the times I just pulled the weeds up and the fabric pulled up along with the weeds. At that time I thought I would just throw away the fabric and get more to replace it with new fabric, quick and timely. Well the service manager complained after he found out what I was doing in the past. That's when Boss told me ""not to do that anymore". Even the secretary threw in her advice "you don't need to use a shovel". I have always used a shovel in all my gardening jobs.
    Also every employee gets a chance to give their take on the jobs even the service advisor as well. I believe I was being denied that opportunity even though I had the most seniority of all the employees except boss(owner). I also believe that all this was planned due to the new employee being trained in all job tasks including my own. My life insurance was transferred to me to pay or cash out and give money to boss man. Most of the holiday freebies were eliminated citing we don't have the money. Please advise thanks for you time and talents.

  4. #4
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    Mar 2012
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    Default Re: Employer Contested My Claim for Benefits with False Accusations

    It's an appeal REQUEST. "The determination dated mm/dd/yy is wrong. I want an appeal hearing scheduled," is sufficient. You save your words for the hearing.

    I disagree that it was a refusal to do your job. You didn't want the pulling of the weed roots to mess up the fabric.

    In CA, a lot of the hearings are in person, and there's a great shot that your employer wont' show to tell this story about how you refused to do what was asked of you. With you not there, he's probably going to be very busy doing his own job, and yours.

  5. #5
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    Default Re: Employer Contested My Claim for Benefits with False Accusations

    Also when I filed the claim I recall checking the other not listed box. I read another post where someone was told checking termination box was best answer, and they would think I was not answering truthfully. Should I also list the lady told me if termination checkbox doesn't fit then check other box. Please advise about what is pertinent to my case. Thanks

    How about the idea that all this was planned due to all the cost cutting measures and life insurance policies. I also overheard the girlfriend of the boss saying whenever is using the women's restroom should be fired. Prior to the final event she was saying that a lot and maybe saying that to her boyfriend the boss. There is also the issue of three members being semi related ie mother son and mother boyfriend the boss. So if they are trying to back up one another against me like a unified front????? Even lying to prevent me from Winning my claim?????? Is that pertinent?????? Thanks

  6. #6
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    Jan 2006
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    Default Re: Employer Contested My Claim for Benefits with False Accusations

    You were terminated so why wouldn’t that be a proper response?

    I don’t really see your actions as a refusal either. It was, in my opinion, a reasonable inquiry based upon your previous weed pulling activities. You could have phrased it differently but I don’t see it as any wrong doing.

  7. #7
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    Mar 2012
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    Default Re: Employer Contested My Claim for Benefits with False Accusations

    Quote Quoting matt291
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    they would think I was not answering truthfully. Should I also list the lady told me if termination checkbox doesn't fit then check other box.
    Did you submit your appeal REQUEST?

    You'll get a hearing notice. Unless the hearing notice has an issue for "false statement," then you don't have to worry about this at all. There's really no point in addressing it now because it could end up being a total waste of typing if it's not on there.

    After you receive the hearing notice and if it's not too inconvenient, go view the hearing file (or if the woman working the counter is in a good mood, you can walk out with a copy) 3 days before your hearing assuming it's an in-person hearing. That will give you plenty of time to see all that you are being accused of and think about how your employer is going to actually prove it or what you can say to make it not sound like misconduct.

    Quote Quoting matt291
    View Post
    How about the idea that all this was planned due to all the cost cutting measures and life insurance policies. I also overheard the girlfriend of the boss saying whenever is using the women's restroom should be fired. Prior to the final event she was saying that a lot and maybe saying that to her boyfriend the boss. There is also the issue of three members being semi related ie mother son and mother boyfriend the boss. So if they are trying to back up one another against me like a unified front????? Even lying to prevent me from Winning my claim?????? Is that pertinent??????
    No, it's really not. You were fired because it sounds like you were accused of insubordination. If the employer fails to meet their burden at the hearing, then you win. You don't have to propose some alternate reason for your termination that you think sounds less bad. You can't prove that is why you were fired, and if the employer appears, that's probably not the direction they're going to go. Only deal with that one thing of which you've been accused.

  8. #8
    Join Date
    May 2013
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    Default Re: Employer Contested My Claim for Benefits with False Accusations

    Sorry for any delay I had yard work yesterday. You are asking about the law that is referenced. It's Section 1256: An individual is disqualified if the department finds that he voluntarily quit his most recent work without good cause OR was discharged for misconduct from his most recent work.
    In addition, Section 1260A provides-An individual disqualified under Section 1256
    disqualified is disqualified until he/she, subsequent to the disqualifying act, performs services in bona fide employment for which he / receives remunerationequal to...............thanks guys

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