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To receive unemployment in California, you have to prove that you lost your job through no fault of your own. To do this, you have to prove that you were not fired for misconduct. "Misconduct" is an intangible concept which has never been defined by the legislature. In P-B-3, citing Maywood Glass Co . v. Stewart (1959), the Board gave the following definition of misconduct:
The definition of misconduct must be considered in the light of the basic purpose of the unemployment insurance program. As expressed in Section 100 of the Unemployment Insurance Code, this basic purpose is that unemployment benefits are for persons involuntarily unemployed through no fault of their own.
. . . 'fault' means intentional action which the person who claims benefits foresees, or which it may be reasonably inferred he must have foreseen, would tend to produce or prolong a period of unemployment and from which a reasonable person in the claimant's circumstances and with the claim- ant's knowledge and understanding, desiring employment and foreseeing such loss of employment, would necessarily refrain.
For a claimant's act to be misconduct, the following four elements must be present, according to Title 22, Section 1256-30(b).
When making a claim for unemployment benefits, you simply must prove that you were terminated for a reason that was not misconduct. Any evidence you have that would lead to this conclusion will result in you receiving benefits.
So, should you use this information when you speak to a UI moderator? Absolutely. But you need to be sure you engage the conversation properly. In regards XXXXX XXXXX slapped on the butt, if you were to ever complain about any of this, then writing you up would be considered retaliation for engaging in a protected complaint.
If, for example, you rebuked her advances, you should include this when speaking with the EDD.
As for the other comments regarding them "stringing out" all unemployment claims, you can definitely add this. The ending decision will come down to a person believing your story over theirs. The company will make you out to be a drunk. A person, who after repeatedly being told not to, continued to come to work drunk.
You need to show that 1) this was not true, 2) if it was true that you never endangered anyone, 3) that your work product was always phenomenal, and that 3) the real reason you received these write-ups was because they wanted to get rid of you after you complained of the female scheduling manager slapping your butt.
As long as you can make an argument that you lost your job through no fault of your own, you should prevail.
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