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JB Umphrey
JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20232
Experience:  Assisting employees and employers for over 14 years.
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i was fired by toys r us , for a meal violation , i had been

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i was fired by toys r us , for a meal violation , i had been warn before that i had to take my meals before 4 and 1/2 hours otherwise it became a meal violaton, i was a front supervisor , management job , the day mention which it was on december 13 i came to work on the evening shift ,as you know we were 150 per cent busy this a toy store i was hundred percent sure that i had taking lunch and the correct time, since a worker had by mistake punch my card , anyway at he end it came that i had a meal violation , my boss didnt like me anyway and she was trying to get rid of me , since other managers had also meal violations but she never did anything about them , now toys r us appeal the decision of the edd , and doesnt want to continued paying my uneployment by saying that it was a miscounduct , now in the previous letter sent by the edd , it says that they had not found any misconduct , that they have to show something different for them not to paid my uneployment , can someone help me
Submitted: 4 years ago.
Category: Employment Law
Expert:  JB Umphrey replied 4 years ago.

Thank you for using JustAnswer!

 

Can you please clarify what your question is that you would like assistance with?

Customer: replied 4 years ago.

thank you for your prompt answer ; my questions is

 

they appeal

 

1.- : they are asking for 1030/32 law should the employers reserve account be charge for any benefits paid to the claimant

2.- did the claimant coluntary leave his or her most recent employmnet without good cause . was the claimant discharge for misconduct connected with his or her most recent work

 

now previously they show the same things and the judge found that there is no miscounduct .

so i want to know do i need a lawyer for this hearing can they take my money away from me ?

Expert:  JB Umphrey replied 4 years ago.

It's up to the employer to show/prove misconduct.

 

Yes, money can be taken from you if, in the appeal, it's determined that you did commit misconduct.

 

It's up to you to decide whether or not you will need an attorney. An attorney, however will not know the facts of the case or your work environment like you do.

Customer: replied 4 years ago.

okey eventhough they presented the same papers and it was disregarded as a miscounduct , what else can they claim , ?

i have been an good employee with my job as a front end manager , also i am planning to take a couple of letters from other managers talking about my performance ? give your opininion will that stop them ?

Expert:  JB Umphrey replied 4 years ago.

The first judge disregarded it as misconduct. They are appealing that decision. They want a second bite at the apple on that issue.

 

This is really about the botXXXXX XXXXXne. They don't care about your performance or what other managers think about you. They just don't want to have to pay for your unemployment benefits. It's a money issue.

Customer: replied 4 years ago.

thank you for your answer so what should i do , i want to fight for my money , so do i get a lawyer or not? edd said that it is not necesary can i sent you the paper work that they are using or what they are going to show again to the judge .

please advise thank you

Expert:  JB Umphrey replied 4 years ago.
That is totally up to you as to whether or not you want to be assisted by an attorney. If you can afford to hire an attorney, there certainly is no harm in hiring one. If you are confident in your ability to think on your feet, call them out on inaccurate facts, etc., then you may find that you're more effect than what an attorney would be. Again, it's really a personal decision and I cannot speculate which is the best route for you.
JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20232
Experience: Assisting employees and employers for over 14 years.
JB Umphrey and 7 other Employment Law Specialists are ready to help you

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JB Umphrey
JB Umphrey
Employment Lawyer
20232 Satisfied Customers
Assisting employees and employers for over 14 years.