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socrateaser
socrateaser, Lawyer
Category: California Employment Law
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Experience:  Retired (mostly)
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How do i appeal my unemployment ruling (denied) California

Customer Question

How do i appeal my unemployment ruling (denied)? California unemploment insurance code section 1256,I was terminated for cause. I was discharged because of errors on my time sheet. I failed to do my punches but i was never warned or inform that i had to many errors.I was aware my time sheets where incorrect because i had to sign the edits.I was never talked to about this issue.I need to write a letter to the appeals board, i need the correct wording.
Submitted: 3 years ago.
Category: California Employment Law
Expert:  socrateaser replied 3 years ago.
Have you already had your first-level hearing with an administrative law judge?

How many days has it been since the denial letter date?
Customer: replied 3 years ago.

no

Customer: replied 3 years ago.

ok never mind i did not know that everyone can read this.

Expert:  socrateaser replied 3 years ago.
Yes, the unemployment hearing is with a judge (ALJ). It's informal, sort of like the People's Court on TV. Basically, each side tells their story and the ALJ rules. Practically every unemployment claim goes to the judge, because if the claim is granted, the employer appeals, and if denied, the employee appeals.

The employer probably will claim that you were trying to avoid admitting arriving late to work. You can claim that to the extent you made any mistakes, that's all they were, it does not prove you were actually late to work, and that because the employer was not damaged by your errors, you cannot be denied unemployment benefits.

Hope this helps.

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