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I was terminated for cause

Customer Question
on June 6, 2013. I...
I was terminated for cause on June 6, 2013. I filed for unemployment insurance and after two phone interviews with EDD representatives I was able to collect 1 month on unemployment benefits. During the first week of July I received a disqualification notice from EDD stating that I willfully made mistatements or omitted information in order to claim unemployment benefits. I appeal the decision and am schedule to appear in Court next Thursday August 15. I need to know how much will cost me to be represented by a lawyer in that scheduled hearing?
Submitted: 4 years ago.Category: California Employment Law
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Answered in 3 minutes by:
8/9/2013
California Employment Lawyer: Patrick, Esq., Lawyer replied 4 years ago
Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 13,390
Experience: Significant experience in all areas of employment law.
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Hello and thank you for entrusting me to answer your question. I am very sorry to hear about your recent disqualification notice.

Attorneys typically provide EDD appeal representation on an hourly basis, so the answer to your question about how much it will cost is entirely a function of how time consuming the defense will actually be.

To better assess how time intensive your appeal might be, woudl you mind giving me a bit more information about the specific misrerpesentations you allegedly made and what sort of evidence you have in rebuttal?

I very much look forward to helping you on this matter.
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Customer reply replied 4 years ago

The noticed received on July 17 says:


You are not eligible to receive benefits under California unemployment insurance code section 1257A beginning 07/14/2013 until you have filed a claim for each of 02 weeks in which you are otherwise eligible for benefits.


 


You gave the department incorrect information, or withheld information, concerning the reason you are no longer working on your job with Windward School. After considering available information, the department finds that you do not meet the legal requirements for payment of benefits. No benefits are payable for three years from the original effective date of this disqualification unless it is satisfied at an earlier date and you are otherwise eligible.


 


I was terminated for cause due to an incident that occured on May 30, 2013 when I was delivering boxes and packages to different departments on campus. I slightly pulled a girl's backpack to say hello and suddenly she and other three classmates looked at me like I was from Mars, I politely said I am sorry excusing myself and then continue back to my business of delivering. No camera, no staff or faculty member witnessed the incident unfortunately. I started working with Windward School since August 2006 as School Bus Driver/Maintenance worker. I consider that my politeness and friendly gesture (I know I crossed the line a little bit) but she influenced from her classmates overreacted and went maliciously angry against me placing a complaint the same day. On the afternoon I was called to office to informed me about the complaint from the Office of Finance and Operations. The next day I was on administrative paid leave. Then I was called on Monday June 3 to showed up for work but then the same day was told that since the role of the responsibility of the school is to protect the students and graduation was still scheduled that I cannot work yet but please return home on administrative paid leave.


I was called on Tuesday afternoon to please be on Thursday June 6 at 2:00 P.M. That day I was being terminated for cause for the backpack incident. I signed the papers. One of the administrators even offered me a reference or recommendation if I need it for future employment search.


 


I told EDD representatives in the first called that I pulled a studen's backpack and then in the second telephone interview I stated that I tug a backpack to say hello and that indeed was not given a writing warning statement and did not have the opportunity to confront the student or students together with administrative personnel that surely would clarified the incident and misunderstanding but that unfortunately was denied that possibility too.


 


Do you think you can help me to regain my unemployment benefits.


I have been a hard worker, friendly, super flexible in schedule for field trips and sport events. I have been the longest School Bus Driver/Maintenance worker ever at Windward School for almost 7 years and have not been ever accused or found guilty of misconduct with any other student in the past. I am a married family men for almost 9 years and just last December adopted a little girl after taking care of her for the previous 3 as her first and only foster care parents through DCFS.


I attained my BA in Applied Behavioral Science degree last September 2012 and currently enrolled in the MA in Professional Counseling to work in the near future as a Clinical Mental Health Counselor.


 


Do you think you can help me?

California Employment Lawyer: Patrick, Esq., Lawyer replied 4 years ago
Luis,

Thank you very much for your reply. I understrand the circumstances of your termination now, but I am still unclear as to what incorrect information the EDD thinks you gave. Did you initially list your separation of employment as a "layoff"? What are they saying you lied about?

Also, to clarify, we cannot provide actual legal advice or representation through this online forum. I can provide you with legal information and answer your legal questions, and I understood your question here to be how much it would cost you to retain an attorney in your area. That and other legal questions I am happy to answer for you, but I am afraid I cannot actually represent you at your hearing if that is what you were anticipating.

If you could clarify with regard to the above issues that would be excellent, and if this service is not what you were expecting (I apologize in advance if that is the case) I will be more than happy to direct you to customer service for a full refund.
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Customer reply replied 4 years ago

Thanks for your honest response. On June 10, I filled out an application for unemployment benefits at One Stop Career Center and then fax it to the EDD office. I did not have my termination papers with me and having too many things in my head I wrote that I was laid off. I did rectify and was given a clear difference between being "terminated" and "laid off". I even told the second call representative that by mistake I incorrectly did telling him about the clarification from the previous EDD representative.


 


The following will be considered at the hearing according to the notice for the hearing:


 


1257 (a) Did the claimant willfully make a false statement or willfully fail to report a material fact in order to obtain benefits.


 


I am assuming representatives from Windward School are going to be there but not sure at this point.


 


If you can refer me to someone that can represent me and help me in this will be great and of course if I can receive a refund for your inability to actually represent me is also well appreciated.


 


Thanks.

California Employment Lawyer: Patrick, Esq., Lawyer replied 4 years ago

Luis,

I cannot both answer substantive legal questions and provide a refund, as Just Answer is intended to be a "pay for" service. If you are simply seeking a referral and do not need me to answer any specific legal questions, I would recommend http://www.cela.org/?page=4

Please advise if you would like me to answer your question or have customer service process a refund. Thank you and have a great weekend either way.

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Customer reply replied 4 years ago

I appreciate your help and assistance.


Have a nice weekend too.


Thanks.

California Employment Lawyer: Patrick, Esq., Lawyer replied 4 years ago
You are very welcome. I am sorry that I could not provide the sort of legal assistance you are looking for but wish you the very best moving forward with your appeal. I will alert customer service that you would like a refund.

Good luck.
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