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socrateaser
socrateaser, Lawyer
Category: California Employment Law
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Experience:  Retired (mostly)
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hello, my name is XXXXX XXXXX received a non eligible letter

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hello, my name is XXXXX XXXXX received a non eligible letter from unemployment. I do not agree with this and i am trying to set up my appeal. I was terminated from my job due to unsatisfactory job performance. Although my last day of work was June 21 st, 2013 and i didnt get fired until july 3rd, 2013. I called into work on both june 22nd and june 23rd due to personal reasons and when i returned to work on june 26th they suspended me and then fired me july 3rd. I am wonding how i could appeal this?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  socrateaser replied 1 year ago.
Hello.

I have combined your two questions. California employment questions must be answered in this category. You asked:

can u please help me asap. I am in need of advise on how to appeal my unemployment insurence. they are stated that "you are not eligible to receive benefits under california unemployment insurance code section 1256 begining 6/23/13 and continuing until you return to work after the disqualifing act and earn $1175 or more in bona fide employment, and ou contact the above office to reopen your claim." it also states that i was "discharded from my last job from kings fish house because of unsatisfactory job performance." although i was actually discharged due to the fact that i called off work due to personal reasons and when i returned to work I got suspended then fired. To top it all off, this was my first time ever calling into work in the 1 year and 3 months i was employed there. please help!

A: First appeal hearings are fairly common. You can get a copy of your personnel file from the employer. It's required by law to permit you to inspect and copy the file. If you find that there is nothing in the file concerning your termination, you can then assert that the employer's allegations are invented.

Most employers do not state the reasons for an employee's termination in the personnel file, unless the employee has signed a written warning acknowledgment. Hopefully, you didn't do this. If you did, then you have a problem, because the employer will trot that document out to the judge and then you will have to explain that this was a one-time incident with no prior history, and the employer is simply using it as a pretext to terminate you and avoid an unemployment insurance premium increase.

I assume that you have the form to file your appeal. Do not miss the deadline. If you don't have the form, then let me know and I will give you a link.

Hope this helps.
Customer: replied 1 year ago.


i havent actually filed the appeal yet i have to do it tomorrow. I refused to sign my termination report.

Customer: replied 1 year ago.


my question is mostly that they say you can appeal this form. I want to submit a form but dont know really how to go about it. what i mena is that

 

the letter states " complete the enclosed appeal form (de1000m) or write a letter stating that you want to appeal this decisio. if you write a letter to appeal, explain the reason why you do not agree with the department's decision. write your social security number on each documet you submit to the department. (title 22, california code of regulations (ccr), section 5008).

 

I have written a letter... here is my letter

 

I, Mallory XXXXXX, am writing this appeal because I disagree with the decision of EDD under section 1256. It was stated that I was fired for unsatisfactory job performance. I never signed the fired form for the fact of many issues the company failed at their documentation. My first verbal write up (coached) was due to a yelp review. This yelp review never once states the server, me, was in the wrong. Therefore, I shouldn’t have been coached. I have documentation for this.

My first write up which should have been my verbal write up was due to a guest complaint because I forgot to ring in the guests 2 orders of salmon sashimi. I admitted fault for this guest complaint and take full responsibility.

My first suspension which should have been a coach was due to a cash handling error which I walked right up to the manager Mike and told him what I had accidentally done.
What I had done was accidentally ring the drinks for table 102 onto table 101s check. I have never had a cash handling error in the entire time I worked for the company.

My second suspension which never should have occurred was due to the fact that I got called into the office right when I started my shift on June 26th, 2013. They called me in the office to talk to me about the reason I called off work due to personal reasons.

Note: I called out of work due to personal reasons on June 22nd, 2013 and June 23rd, 2013. I have never once called out of work in the entire year and 3 months I was employed there. The general manager XXX XXXXX called me on my phone Sunday June 23rd, 2013. I told her exactly where I was at and what was going on.

When, XXX XXXXX continued to ask more questions in the office on Wednesday June 26th, 2013, I answered them but she was acting as if I wasn't being truthful and kept repeating the same questions. Therefore because I wasn't telling her what she wanted to hear I got suspended for insubordinate behavior. I refused to sign because it is not true.

Also I think it's pretty interesting that I got fired for unsatisfactory job performance considering I had won a contest the company was having prior to being fired. I sold 250 up sell items. This concluded that I had the highest sales in the company. The sheet read that my sales were 1100.00 on average! Unfortunately, I do not have documentation for this but with my appeal I would love to have documentation of this.

I, Mallory XXX XXXXX, am appealing the decision made by EDD under section 1256.

--------------------------

 

so what i am asking is if this is a good response. I have all of the documentation that represents this that i will attach as well.

 

please let me know asap

Expert:  socrateaser replied 1 year ago.
Don't write a letter. You will be giving the judge and your opponent the opportunity to scrutinize your reasoning in advance of the hearing. Write something simple like:

  • My performance was outstanding, therefore I disagree with the decision of the Employment Development Department.

Then, collect your evidence and work on your testimony for the hearing.

 

You do not want to admit in advance to any defect in performance. You want to let the employer try to show that your performance was unsatisfactory, before you try to counter anything. Frequently, the employer won't even show up for the hearing, and you will win by default. This may be even more likely if you inspect your personnel records. The employer will have to spend time messing with you and it will start wondering if you have a case -- which could create even more wasted time. Remember, you're not the only employee or former employee with a beef, and the employer is still running the restaurant, while you have nothing to do but figure out how to win your appeal.

 

Your best testimony is that you were the highest seller in the company, and that everything else is rubbish. Once the hearing is scheduled you can contact the judge and request a subpoena to force the employer to produce your payroll records -- to prove your case.

 

Hope this helps.

socrateaser, Lawyer
Satisfied Customers: 34867
Experience: Retired (mostly)
socrateaser and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.


thank you very much! I appreciate the help!

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