My question involves unemployment benefits for the state of: California. Employer was outsourcing corp. that hired me for law firm that per the appeals notice and request for same, say that my claim be lodged as misconduct, as they indicate I was late for work and fired for same.
LC 1257(a) defines more over as willfully false statement or failure to report fact in order to obtain bens.
Well, on my u.i. app. I have used simplist reason "in my own words" as it asked, for separation reason of employment to be "fired/job terminated or ended" and they are using this as a means to say I lied.
In all honesty, the late or tardy arrivals resulted from my having trouble with the commute to work. On the report submitted with the appeals request, they use my exit-interview that I did sign-off on, but there is a descrepancy. They indicated they moved or adjusted my start up time twice, to accommodate me which, still I failed. They moved my start up time "once" for my accommodation +/or my request for same. A second time was mandatory when I was moved to a dept. that started at a one-hour-later time. That may seem moot or not of issue, but doesn't make it look any better on my part.
My question is: Is this a cut-dry case against me, as they have lodged. I do not feel or believe that the corp. (at least the personnel director and reg. manager who hired me) would label or use a misconduct to discredit or disallow my accessing u.i. bens. in this regard. I recently contacted them to inquire about job openings, and they courteously answered, but with no openings, still yet, I felt good that at least, I might be considered, if so. During the actual termination process, the site manager, as well, repeated that it had nothing to do with my excellent job performance, but was due to the late arrivals, of the corporation's policy to discharge me.
Other question is, in this regard, is if the EDD would permit or have the past claim forms that I might copy and present as evidentiary purpose, to show that I used the same answer on past u.i. apps. that sufficed. The appeals would assist, if necessary, in subpoenaing same, if docs. or papers wouldn't be accessible by simple request, etc...
Lastly, it would seem that the appeal is coming a bit late, since my original claim form was in Nov. 08. And doesn't that begin the process or the determination of benefits granted or not, start the claim's process? Overall, it seems like they are disputing their own decision, now.
Either way, thanks in advance for any information that might be helpful.