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  • My Unemployement Benefits were Denied

    I had to have a telephone interview in order to determine my elgibility. I was denied because they said I did not have permission to be absent and that I did not properly notify my employer of my absence. Read below and tell me if I have a legit chance of winning my appeal:

    Leading up to my absence their had a been a lot of things going on in the office, my boss has been stressed because of an IRS audit that he is going through, but it is his own fault for all the fradulent things he does. Also, I found a letter on the new girls desktop that basically said she had stolen $ from her previous employer, accidentally, and so I brought the letter to his attention and he scolded me by saying that I was snooping and he never bothered to look at the letter. The new girl then, overheard a conversation that I was having with my friend on my cell phone about how my boyfriend was starting to become really interested in why I was always coming home upset from work. The new girl went and told the Office Manager, who then told the boss that my boyfriend was going to beat my boss up. Instead of my boss coming to me and asking me what was going on, he brought in someone else to find out what was going on. I was so upset how he handled things, I needed to take the day off so the day this happened, I let the other girl in the office know that I was not coming in the next day and I gave her the key to open up and to please let Sam know. The next day, I get a text message from the other girl saying that my boss said to take the day off the following day too and then I sent another text saying to come pick up my check that day also.

    For my appeal, I will argue that we had no sick days. Whenever I was absent in the past, I handled it the same way, either call the office or let someone in the office know that I was going to be in. I never once had to call the boss and let him know. I will also state that if their was a problem with the way I called in sick, how come I was never reprimanded in anyway? Also, I will let EDD know that I never read the company handbook, nor have I signed any acknowledgements saying so.

    You think I can win my appeal? and advice?

  • #2
    First of all, and only because it's the order in which you mentioned it, do NOT mention anything about finding a document on someone else's desk. You probably were "snooping". Having said that, don't be surprised if the employer brings it up; that would br a reason to fire you even if they DID have a problem with your absences.

    Also, do NOT mention that the boss was under "stress". Even if s/he was, the state is not going to care.

    Now, you said you didn't read the handbook or sign anything about it. Did you GET a handbook?

    I agree that if you followed the same call-in procedure for this last absence, and have never been told that such a procedure was not correct, that will help your case. In fact, that's probably going to be the only case you have to argue with.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Originally posted by jserrano2113 View Post
      I had to have a telephone interview in order to determine my elgibility. I was denied because they said I did not have permission to be absent and that I did not properly notify my employer of my absence. Read below and tell me if I have a legit chance of winning my appeal:

      Leading up to my absence their had a been a lot of things going on in the office, my boss has been stressed because of an IRS audit that he is going through, but it is his own fault for all the fradulent things he does. Also, I found a letter on the new girls desktop that basically said she had stolen $ from her previous employer, accidentally, and so I brought the letter to his attention and he scolded me by saying that I was snooping and he never bothered to look at the letter. The new girl then, overheard a conversation that I was having with my friend on my cell phone about how my boyfriend was starting to become really interested in why I was always coming home upset from work. The new girl went and told the Office Manager, who then told the boss that my boyfriend was going to beat my boss up. Instead of my boss coming to me and asking me what was going on, he brought in someone else to find out what was going on. I was so upset how he handled things, I needed to take the day off so the day this happened, I let the other girl in the office know that I was not coming in the next day and I gave her the key to open up and to please let Sam know. The next day, I get a text message from the other girl saying that my boss said to take the day off the following day too and then I sent another text saying to come pick up my check that day also.

      For my appeal, I will argue that we had no sick days. Whenever I was absent in the past, I handled it the same way, either call the office or let someone in the office know that I was going to be in. I never once had to call the boss and let him know. I will also state that if their was a problem with the way I called in sick, how come I was never reprimanded in anyway? Also, I will let EDD know that I never read the company handbook, nor have I signed any acknowledgements saying so.

      You think I can win my appeal? and advice?
      No, I never read the handbook and I never received one. And me finding the letter was an accident, the scanner is only linked to her computer, so when I was opening the scanner, I accidentally clicked on the doc...so I wasnt snooping.

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      • #4
        Okay, then your best bet is to go with what I previously advised regarding the call-in procedure.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          You weren't snooping, but read the entire letter that had nothing to do with you? Sounds fishy.

          I always say, always appeal.

          Good luck, but from your post I can say your employer has a good chance of winning this one.
          Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

          I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

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          • #6
            Originally posted by CatBert View Post
            You weren't snooping, but read the entire letter that had nothing to do with you? Sounds fishy.

            Good luck, but from your post I can say your employer has a good chance of winning this one.
            Agree. How do you accidentally open a document on the computer? (that's a rhetorical question)
            Last edited by Pattymd; 06-30-2010, 03:37 AM.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              The doc was on the desktop, right next to the scanner. I opened it and read the first couple lines but being how I didn't trust this girl something told me to read it. My ex-boss was a real shady individual, he did all kinds of illegal things and he knew not to ask me to help because he knew how I felt about the things he did. Basically by me telling him about this letter, I showed him that this girl is dishonest enough to participate in all his fraudulent activity, so why did he need me there? Also, I think they're either involved in a sexual relationship or my boss wants too. The long hours they'd "work" together and obvious flirting. Figures, his current girlfriend use to be his maid.

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              • #8
                Originally posted by jserrano2113 View Post
                The doc was on the desktop, right next to the scanner. I opened it and read the first couple lines but being how I didn't trust this girl something told me to read it. My ex-boss was a real shady individual, he did all kinds of illegal things and he knew not to ask me to help because he knew how I felt about the things he did. Basically by me telling him about this letter, I showed him that this girl is dishonest enough to participate in all his fraudulent activity, so why did he need me there? Also, I think they're either involved in a sexual relationship or my boss wants too. The long hours they'd "work" together and obvious flirting. Figures, his current girlfriend use to be his maid.
                Interesting that you find your ex-boss a "real shady individual" but see no problem with your actions. Go ahead and appeal, as already advised. But, quite honestly, on your own words the denial of benefits appears justified.
                Please post questions on the forum rather than sending me a private message or email. That way others who have similar issues have access to the discussion.

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