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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 33495
Experience:  Retired (mostly)
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i was terminated from my job,three weeks ago.for misconduct

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i was terminated from my job,three weeks ago.for misconduct what happin.there was a coworker that had a problem with me,telling her that i was going to move her job to the other side of the table.with that request,she say you have no balls,you is not a man,and spit in my face,i reacted by pushing her face away from me.thin she picked up a stool and attemp.to hit me with it three times.after managment review the video,we was terminated...unemployment denied me,iam up for a hearing soon.what is my chances of getting my unemployment?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  socrateaser replied 1 year ago.
When the coworker spit on you, she committed a criminal assault under California law. You could have and you probably should have called the police/sheriff. Had you done so, you the employer would not have been able to terminate you, because you would have been protected by Labor Code 1102.5, which is the California whistleblower statute.

If this is all on video, then you could still file a police report, but that won't get you rehired.

You need to subpoena the video from the employer, so you can show that you were merely defending yourself from a a criminal assault.

In order to do this, you must contact the unemployment judge's office and ask for the subpoena -- explaining why you need it and what it will prove. If the judge orders the employer to produce the video, and the employer refuses, then you will win. If the video shows you defending against the assault, you will win.

Otherwise, the decision denying you unemployment benefits will stand and you will lose.

I realize that my answer here may seem a bit "cut and dried." However, your facts are very straightforward, and I believe that the answer is equally so. You must demonstrate that you were acting in self defense. That is the way to win this case.

Hope this helps.
socrateaser, Lawyer
Satisfied Customers: 33495
Experience: Retired (mostly)
socrateaser and 2 other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

THANKS


 

Expert:  socrateaser replied 1 year ago.
You're welcome and good luck!

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