California Employment Law
California Employment Law Questions Answered by Legal Experts
I have already received a letter of being eligible and what I would get a week, it wasn't until today I got the denile. To piggyback off the information you gave me and give some additional:
- I always called in or texted a supervisor when I would be out, I also offered to work from home and remote into the system using my personal machine in cases of emergency, they utilized that on a couple occassions and I was not paid for it.- Anytime I was absent it was for a valid reason. Being ill, car issues, family emergency, I never lied and if they asked for proof I gave it to them (though they never did ask for anything)- The absence was not isolated, I have struggled with a medical condition off and on and my managers were aware of it, in fact my boss is prescribed medication for the same issue. I did miss quite a few days the last couple months, not consecutive days but once a week every other week or so, however I did keep my boss in the loop with what was happening.- Over the course of almost 4 years I have been warned in writing twice, the first was quite a long time ago, possibly up to 2 or more years ago. I corrected the action and was given awards and raises (which I do have documented). The last of course being around March or so of this year which was not followed up on, I was just laid off several months later with a couple reasons, attendance being one of them.In the exit interview I asked why I didn't receive any final warning or probation, anything along the lines to suggest I was in danger of losing my job and they didn't give me much of a reply, I asked if there was anything I could do to save my job and I was told no they were moving on without me.At this point is it important to include all of this information in a well written letter attached to the appeal paper I have and include documents showing through the years that I have been promoted and had my wages increased? Afterall, who does that for someone who's attendance is unacceptable. Also, should I explain that I wasn't under the impression that it was attendance since I was given several reasons and admit that I know I missed days but always contacted my employer?Thanks, XXXXX XXXXX do intend on giving your rating. I just need to know what important to include in the appeal letter to give myself the best chances. There are several employees at the company with track records far worse then mine, and they're still at the company. At this point when I submit my appeal, does this go to a hearing next?
Thank you very much for your reply. It is my pleasure to address your followup questions:At this point is it important to include all of this information in a well written letter attached to the appeal paper I have and include documents showing through the years that I have been promoted and had my wages increased?Yes. All of the bullet point information you have included above is relevant and supportive of your claim for benefits. Basically, you want to describe any and all facts which tend to indicate that your absences did not evince a willful disregard for your employer's business operations.Calling in advance, being absent only for legitimate reasons, your employer indicating that they understand your reasons, your employer promoting you notwithstanding your absences--these things are ALL relevant in demonstrating that neither you nor your employer regarded the absences as misconduct. That, ultimately, is the relevant inquiry.Also, should I explain that I wasn't under the impression that it was attendance since I was given several reasons and admit that I know I missed days but always contacted my employer?Exactly. You were given other reasons for why you were being let go, and it was reaosnable for you to assume that you did not believe absences were the motiviating factor. This should definitely be included in an appeal if the EDD specifically cited your failure to provide relevant information as a basis for denial.At this point when I submit my appeal, does this go to a hearing next?Yes, the first level appeal is a hearing before an administrative law judge who will read your written appeal and ask you and your employer (who will also be present) questions about the circumstances of your separation of employment.Please let me know if I can be of any further service.
At this point do all employers decide to fight the appeal or are there cases that it's overturned because they don't want to take it to the next step and spend time at a hearing?
So in the case that they decide to not fight it and take it to a hearing do I receive a letter stating whether it's still denied or overturned? And if they do intend on fighting it, I'll get a letter notifying me of a hearing date instead?How far out is the hearing from appeal usually?
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