I recently started a job and entered into a hostile environment where my trainer refused to train me and shortly after that I was being accused of sleeping on the job. It was a miserable place to work and when I was let go - my manager indicated my performance was not up to expectations. When I filed CA unemployment I provided that information, but found that the company indicated I was let go for misconduct - sleeping on the job. So my unemployment was denied based on that information. I reviewed my file and there is a lengthy record of 3-4 witnesses. Even though these accusations are false - I feel that I have no evidence to refute the witnesses. Is an appeal hearing worth my time and stress?
State/Country relating to question: California
I have left messages for lawyers to obtain representation, but have not heard anything. My appeal is coming up soon and I need all the advice I can get to represent myself.
Is there anything in your personnel file with your signature on it acknowledging that you were warned or disciplined about sleeping on the job?Are the witnesses all management, or are there any former co-workers at the same employment level as you who actually signed a statement that you were sleeping on the job?Are there any former coworkers who would be willing to testify that you were not sleeping on the job?Is it possible that the statements in the file are complete forgeries, i.e., can you get any of your former coworkers to sign a statement that you were not sleeping on the job and that they were coerced into saying that you were -- or, that they never signed any statement at all, or observed you sleeping on the job?Thanks in advance.
No, there is nothing with my signature acknowledging I was warned or disciplined. He did ask me about it one time but I told him it was not true and was reading all day, so it may have looked like I was sleeping since I was looking down. I also told him that I put eye drops in my eyes due to chronic dry eyes and close my eyes for about 5 seconds to let them soak in. Nothing was signed.
Besides my manager - the co-workers were at my employment level or below, reporting to the same manager that was accusing me of sleeping on the job. They did provide emailed statements that I was sleeping on the job.
I was only there for 6 weeks, and due to the type of environment - I don't believe anyone would testify on my behalf. The people in this office did not like me and I was informed that the witnesses reporting this did not believe I should have been hired over internal applicants.
Accusations began shortly after I started training and my trainer was unwilling to train me based on the fact that we held the same title and she had not been given training when she started. However, before I began the job I was told extensive training would be provided.
Okay, thanks -- it helps me understand what sort of evidence you can present. The botXXXXX XXXXXne is that proof is everything in court. The truth is irrelevant. If you can't get a former coworker to testify that his/her email is bogus, then the unemployment insurance appeals judge (called an ALJ : administrative law judge) will have no choice but to rule against you, because it will be everyone's word against yours. You could simply claim that the emails are fake, and that you were never warned about sleeping on the job -- because you weren't sleeping on the job. And, frankly, in a regular court, you could still win, because emails without signatures are subject to objection as hearsay, and since you never signed anything acknowledging the warnings, there really isn't any credible proof that anything in the file is authentic.However, in an unemployment appeal, the judge can consider everything as relevant evidence, and hold against you.That said, if it were me, I would make the appeal and take a shot, because there is nothing to lose by doing so. But, if you're asking me if I think you can win, based upon what you've disclosed here, my answer, regrettably, is "probably not."Wish I could be more positive, but I don't want you to have unreasonable expectations.Hope this helps. NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!
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