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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37671
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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i was fired from my job a month ago,for misconduct.i requested

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i was fired from my job a month ago,for misconduct.i requested a coworker to move the job she was working on to the other side of the table,with that the coworker get angery and say to me iam not a man,i have no balls,thin she spit in my face.i defined myself by pushing her face away.thin she picked up a stool and attempted to hit me 3 or 4 times.once she stop swing the stool i walked away.after review of the video both of us was terminated.i naver move in my coworked direction.all i did was defend myself..when i applyed for unemployment i was denied,now i wate for a hearing,i need to know what is my defence,or do i have any?

Good morning David,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

It is important to understand that the reason you were initially denied was because the EDD believed your employer's version of the facts over yours,

You will need to subpoena the video showing that all you did was defend yourself---and while the employer still could let you go, that it was not for good cause and you should be entitled to unemployment benefits.

You do not have to have an attorney to pursue your appeal. This is an administrative hearing and the Hearing Officer will assist you in getting through the hearing. You have a right to present testimony, and any evidence you have to rebut the reason why you are being denied. If your former employer has documentary evidence that will assist you in your appeal you can ask the UI Hearing Office to issue a subpoena to your company on your behalf for the specific documents that you need to present your case---in this case the video.

Here is a link to quite a bit of information which can help you prepare for the hearing. I realize that the site is located in Oklahoma, however unemployment appeals across the country all essentially the same in format and therefore the information here is applicable to your situation as well. get the subpoena so you can show the judge what really happened, and based on your stated facts you should get your benefits:

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,


LawTalk and other California Employment Law Specialists are ready to help you
Customer: replied 4 years ago.

thanks,,,, i will do what it take to get the video.

Thank you for your positive rating of my service, David. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:

Thanks again.


When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

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