Hi,

I will be going to an appeal hearing against my former employer in West Hollywood, CA. I was fired on Sep. 23rd, and my employer is fighting my unemployment bid using the labor code stating I was fired for misconduct. The exact reason was that I "refused to follow reasonable directions." My employer gives out negative write-ups on employees very often and for small things. My boss even told me that the owner, at one point, wanted more write ups to fill his file. I believe that this is what my employer will be using against me in the hearing, being that I worked there for over 2 years and they have probably about 20 write ups on me. How should I approach this?

I would put together the following information and take it with you:

1) the employee handbook (if it exists) or any written policies - if it doesn't, be prepared to offer that your employer did not provide the employees written policies...that he/she made up the rules as he/she went along

2) Copies of the write-ups with an explanation (in writing) as to the situation for each one...explaining your point of view

3) Any documentation that shows you were a valued employee, such as a notice of a raise, a compliment letter or any type of reward/recognition that the employer gave to you.

4) Your record of attendance (if you attended work regularly) to show that you were there as scheduled. This can be in the form of your pay statements, showing the number of hours worked, etc.

5) Are there other current or former employees who may come to the hearing, verifying that you were a valued employee and that the practice of negative write-ups was widespread.

The point is...the more organized you are, with factual documentation, the better your chances of winning the hearing.

Let me know if you have any other questions.