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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5065
Experience:  Extensive experience representing employees and management
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My employer has appealed the decision to give me unemployment

Customer Question

My employer has appealed the decision to give me unemployment benefit. On the appeal it say that i violated the bank security procedures and policy multiple times. I left my office keys on my manager's desk while giving him some documents for verification. As my my draw was locked i find out the minute i went to my desk that i didn't have my keys. I made sure i was done with my customer and went back and asked my keys to my coworker who was sitting with the manager chatting, and he has told me to ask the manager for he asked him if the keys was his. After the manager realized that the keys were mine he hide them from me. For three days and wrote that he had found my keys somewhere else on the floor. that was a lie. I had be written up in a past for not locking my computer and my draw from the past. how can i defend myself the day of the hearing
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.

Hello and welcome to JustAnswer.

 

I'm very sorry to hear about your situation and hope I can help.

 

If you can get a statement or an affidavit from your coworker that confirms that you did immediately ask about the keys and your manager actually had them at that point and then hid them, that would definitely benefit your case. It's even better to have him present at the hearing to support you. That would change the situation from a he said/she said situation giving you unbiased support of your version of the events and would go in favor of you being terminated through no fault of your own rather than through cause.

 

Your employer appears to be arguing that you broke a reasonable employer rule by failing to lock up your computer and drawer in the past and misplacing your keys. The employer would need to prove that this was a reasonable rule and that you understood it to be one. (Normally this means that they would need written documentation in an employee handbook or proof that you had been advised).

 

The primary thing that would be working against you is that you had been written up in the past for not locking up your computer and your drawer, so it's likely you would have been aware of some rule regarding keys.

 

Also, if there's any reason to suspect that your manager treated you differently due to discrimination based on a protected characteristic (such as sex, race, national origin, or ethnicity) that would also significantly help your case.

 

I hope you found the above information helpful.

 

Please don't hesitate to ask me any follow up or additional questions, as I want to be sure you're as prepared as possible for your hearing.

 

Thanks and best of luck!

Customer: replied 1 year ago.

i Had a written from the previous manager and there's a begining date and ending date from 07/09/2012 to 09/09/2012 and the new manager and I got fired on 01/30/2013. I have not had any written warning from the new manager but got fired a week later after the key incident. would this new information help?

 

Expert:  Joseph replied 1 year ago.

Hello Olga,

 

Unfortunately, if there is a record of your write up from the previous manager (although the dates on it had expired), it could still be used against you by the current manager after the alleged 'key incident.'

 

However, since you were initially granted unemployment benefits, your employer bears the burden of proof that you were actually terminated for misconduct (violating a reasonable employer rule), so the standard of proof and your witness' (co-worker's) statement will definitely help you in establishing that you were terminated through no fault of your own and not for cause.

Expert:  Joseph replied 1 year ago.
Hello Olga,

Please remember to rate my answer positively so I get credit for my work.

Or ask me any follow up questions you have here.

Also, please give me a high rating when you receive your customer satisfaction survey from JustAnswer, since high ratings ensure that I will be able to continue to help other customers with their legal issues.

Thanks and best of luck!
Joseph, Lawyer
Satisfied Customers: 5065
Experience: Extensive experience representing employees and management
Joseph and 2 other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

hi Joseph,


I still have a couple questions for you. My hearing date is tomorrow I got 2 witnesses 1 who can confirm that my previous manager was treating me unfairly (discriminated), where harassing me because they will com to my cubical contently pull my draws even while I still wrapping up a transaction and whenever someone else is in the same situation they will just ignore it. Pressure after pressure till a start getting sick.


The 2 witness has been terminated wrongfully has well she said that the manager has lied about a written warning but they ignored it and she got fired after 9 years of service and she is disabled. I heard him saying that he was happy she was gone because she had filled once for disability leave.


the date of our audit on of my coworker who is friend to the manager left his drawer open. they locked it quick for him and never address it to him

Expert:  Joseph replied 1 year ago.

Hello Olga,

 

Sure, please let me know what your questions are.

 

(I didn't see a question in your response, just more information regarding your hearing and witnesses).

Customer: replied 1 year ago.

A few days after i got terminated i called the HR that i was terminated for the keys that my manager has hidden from me and she told me that was not what showed on my filled he had said that for performance issues, and for customer complaint, refuse to give service to the customer..... which was wrong my numbers showed after I left my sale were 100%. He had lost his keys and gone on vacation and the assistant manager found it. I was around I witness that. Would these information help more to defend my case. which one would be at my advantage?

Expert:  Joseph replied 1 year ago.

Hello Olga,

 

It could be helpful to your case, but it wouldn't be too important if your employer is alleging that you were let go for another reason at the hearing. It would definitely be helpful to have your witnesses present since they can provide evidence that you also possessed good customer service skills and did not have any performance issues.

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