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Unemployment appeal hearing plz help California

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  • Unemployment appeal hearing plz help California

    alright let me start by telling you the reason i was fired. i normally work 5 days a week at a local pizzeria and i started doing fall sports because it was my senior year and i didnt do any sports the year prior because of my work. i told my boss that i would be unavailable monday through friday and she said that was okay and gave me to 8 hour days on the weekend. she even printed out a sheet stating that i was unavailable. i go in on sunday and look at the schedule after work and it says i work thursday and friday i thought it must be a mistake. i try all week to get a hold of my boss but due to some family issues i was unable to get a hold of her so i go find someone to cover my shifts and the person said she would love to cover my shift. so i gave her my thursday and friday telling her she needs to tell our boss why she is working. i call the store later that night to explain everything and leave a message. i go in the next day to apologize for the misunderstanding and to explain but all she says is your fired. when i asked why she said she didnt like my replacment.

    i then filled for UI benefits but was quickly appealled by my boss and so i didnt recieve anything and i filled all the way back in january and i finally have a hearing on tuesday.

    what are my chances of winning?

    my employer changed documents in her favor is that illegal?

    what should i be prepared for?

  • #2
    If I am reading this correctly, you didn't show up when you were scheduled and sent someone to replace you who wasn't even employed by this company - "the boss didn't like my replacement"! You pretty much did what you felt like and have nothing but excuses on why you didn't discuss this with your boss. Your statement that the boss had agreed not to put you on the schedule during the week doesn't help you. You had from Sunday through Wednesday to communicate with the boss about the schedule.

    So, for UI purposes, you abandoned the job.

    Beyond that, to collect UI you need to be available for work and seeking employment. Since you are unavailable Monday through Friday, you fail that test also.

    So, to your questions:

    "what are my chances of winning?" -- nil

    "my employer changed documents in her favor is that illegal?" -- really doesn't matter. Your statement of the situation disqualifies you no matter what your former boss says or does.

    "what should i be prepared for?" -- expect to lose -- but, give it your best shot in the interview. While it appears that there is no chance at all, stranger things have happened.
    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.

    Comment


    • #3
      Honestly, your chances aren't all that great.

      The employer is not required to work around your school and extra-curricular activities schedule; the fact that they had done it in the past does not obligate them to continue doing it.

      I find it hard to believe that for a whole week you were not able to get in touch with the boss; at least you could have talked to the manager on duty. It is not your replacement's duty to explain your absence to the boss. Is it the policy that employees arrange for their own replacements? Does the manager need to "approve" such replacements? Is it the policy that you must speak to XX person if you can't make your shift?

      What "documents" were changed?

      What you do want to do, however, is answer ONLY the questions you are asked. Do not interrupt the hearing officer. All you can do is say that you got a replacement for your shift. Having said that, I would not be overly optimistic.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

      Comment


      • #4
        You need to put everything you remember in writing. Make sure to include who you talked to and the dates you had these conversations. Bring the documents you have with you to the hearing, especially the one from your boss stating you were excused from working Monday through Friday.

        If you are able to present your side clearly then you could win this one, but you must be prepared.

        Comment


        • #5
          Originally posted by Scott67 View Post
          sent someone to replace you who wasn't even employed by this company -.
          I didn't get that from what the poster said.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

          Comment


          • #6
            the person i had replace me was someone who worked with me. and i really couldnt get a hold of my boss becuz her father was passing and was at the hospital but i did leave plenty of messages stating that i wouldnt be able to work. the other problem was that if i didnt show up to my sport i was off the team and i already missed alot of practises because of work and i would be out a 1000 dollars.

            Comment


            • #7
              The fact remains that your chances at unemployment are not good. Your boss has no legal obligation to schedule you around your school activities, and you've made it clear that your sports activities are more important to you than work is. That will not serve you well with the UI examiner.
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

              Comment


              • #8
                connell,

                Just be really prepared.

                Unfortunately, I have had to deal with UI appeals in the past, but fortunately had all my documentation available and was granted benefits.

                It's pretty common that employers want to contest UI benefits, that doesn't mean they always win.

                Comment


                • #9
                  Here's a video on the State of California website instructing you on how to prepare for your hearing:

                  http://www.cuiab.ca.gov/index.shtm

                  Comment


                  • #10
                    Originally posted by Pattymd View Post
                    I didn't get that from what the poster said.
                    Looks like you were right and I misunderstood that part. I was just confused by the OP's statement that the boss "didn't like my replacement".
                    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.

                    Comment


                    • #11
                      At will?

                      I thought California was an at will state? If so, then why would the employer have to show "just cause"? Wouldnt they have the right to terminate for any reason (unless for illegal discrimination or other protected rights ie fmla, ada, etc)?

                      Comment


                      • #12
                        Originally posted by sevenfortythree View Post
                        I thought California was an at will state? If so, then why would the employer have to show "just cause"? Wouldnt they have the right to terminate for any reason (unless for illegal discrimination or other protected rights ie fmla, ada, etc)?
                        Your understanding is correct. Besides which, the employer in this post did have cause for the termination.

                        Comment


                        • #13
                          Originally posted by sevenfortythree View Post
                          I thought California was an at will state?
                          Just to be clear, 49 of 50 states are "at will". That being said, "at will" is a several hundred year old Common Law concept. It is a real legal principal, but there are exceptions. And some states (CA for example), have a lot more exceptions then others (FL for example). One problem with claiming that the termination was "at will", that the employee can maybe just turn around and claim a different (legally protected) reason. Basically give the judge the opportunity to decide whose story they like best. Wheel of Fortune time.
                          http://en.wikipedia.org/wiki/At-will

                          Termination law is very complicated (especially in CA), but a general rule of thumb is that if the courts get involved employers want to have a valid "just cause" reason to tell the judge, one that they can actually support. This is not because the law requires this (it does not), but because the employer's "story" is not inherently more valid then the employee's "story". Over reliance on "at will" tends to make for lazy employers with weak documentation.
                          "Reality is that which, when you stop believing in it, doesn't go away".
                          Philip K. **** (1928-1982)

                          Comment


                          • #14
                            I understand that using "at will" as justification for termination is not a smart practive for employers and it is better to have an actual reason to support the termination.

                            My comment was directed moreso at the comment that was made that the employer "has to prove 'just cause' ". I should have quoted it in my initial comment. Thanks.

                            Comment


                            • #15
                              In order to successfully contest unemployment benefits, the employer must show that there was a valid, disqualifying reason for the termination. However, from what the poster has presented to us, I don't think the employer in this case will have too much difficulty showing that.

                              Stranger things have happened, however.
                              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                              Comment

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