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PaulmoJD
PaulmoJD,
Category: California Employment Law
Satisfied Customers: 88342
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can u please help me asap

Customer Question

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!
Submitted: 10 months ago.
Category: California Employment Law
Customer: replied 10 months ago.
Relist: I still need help.
Expert:  PaulmoJD replied 10 months ago.
Thank you for your question and for asking for me.

You need to file an appeal immediately, but under CA law, an employee who is fired for good cause is not eligible for unemployment. If they terminated you for calling off, they are now alleging that was their cause for bad work performance. Thus, you would need to file your appeal and present your evidence and witnesses that the calling out from work was your only time and that you had never been written up for any other employment issues at work and it was an isolated incident. You need to file your appeal before the deadline on the denial letter you received or you will lose your right to appeal forever. Under CA law, you must file your appeal within 20 days of the mailing date of the Department determination or ruling. See: CA Unemployment Insurance Code Section 1328.

Your appeal is really your only recourse here and here is a Guide to Appeals for unemployment cases that can help you if you do not want to use an unemployment law attorney.



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