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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 33373
Experience:  Retired (mostly)
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Hi Kirk, I have heard back from the EDD in regards XXXXX XXXXX

Resolved Question:

Hi Kirk,
I have heard back from the EDD in regards XXXXX XXXXX K Brown letting me go. They have denied me unemployment, because I broke a reasonable employer rule regarding the handling of employer money. They wrote, you are not eligible to receive benefits under california unemployment insurance code section 1256 beginning 07/31/11 and continuing until you return to work after the disqualifying act and earn $1060.00 or more in bona fide employment, and you contact the above office to reopen your claim.
I feel so wrongfully blamed for STEELING, I'm a honest Christian person, with family morals and values, the last thing I would ever think of doing is steeling money from the place of my employment. I feel that MKB did not properly train or warn me of my mistakes. No reprimand or constructive criticism towards my performance.
When I first started MKB in 07/06, their was three cashiers, after 3 or 4 months, MKB reviewed our work with a report of overage and underage, and that we could not make so many mistakes to balance at the end of day, or we would get a write up. Starting then all three of us used the penny caddy to make our drawer balance at the end of the day. That is how we have done our end of day balances since, to prevent being wrote up. Before the office manager went on maturnity leave, she stated that she had no problem with my balancing at the end of the day. I'm just an employee working for MKB just doing what I'm told. I was under the assumption that I was doing my job properly. Since she has been on maternity leave I had one verbal warning for an overage, and then let go for the one dollar in the penny caddy. They stated it was a math error, and that I took the money. However the money was always there, in the penny caddy which is part of my drawer. I feel some what discriminated against, that this was a loop hole they could use against me to let me go, because I'm not hispanic.
I do not agree to the grounds in which they have stated, how do I appeal this separation report?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  socrateaser replied 2 years ago.
Hello,

Kirk is not available to answer this question. The first question was incorrectly directed to him, and he should have directed it to a member of the California Employment Law category. Please permit me to assist.

You are entitled to file a request for a hearing with the UI administrative law judge. You should have received a form DE 1000 M with your denial notice. You can explain to the judge at the hearing that your error was simply miscounting, and that at no time was the employer damaged by your error or omission.

Title 22, Cal. Code Reg. 1256-42(f) provides:

Many employers establish rules governing the handling of . . . money by employees in their work. Some intentional violations of these rules can have a potential for substantial injury to the employer's interests and a single violation can be misconduct. Other violations can cause relatively minor injury to the employer's interests and not be misconduct in the absence of prior warnings or reprimands by the employer for similar prior violations.

 

The point here is that a one-time error of $1 is not the sort of violation that would deny you UI benefits, and the employer may have completely misrepresented the circumstances to the UI investigator. This happens frequently.

So, ask for a hearing and tell your side of the story.

Hope this helps.

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socrateaser, Lawyer
Satisfied Customers: 33373
Experience: Retired (mostly)
socrateaser and 2 other California Employment Law Specialists are ready to help you

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