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California Unemployment Appeal Hearing Question California

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  • California Unemployment Appeal Hearing Question California

    My former employer lied to EDD stating I was fired for misconduct and I was denied benefits. When I got the appeal date I went to the EDD office to inspect my file to see what I was accused of so I could defend myself. I had already been supplied a blank subpoena form by the EDD by mail because I knew in advance I would need company records because I was the full charge bookkeeper. Once I found out what lie I was accused of and filled out the subpoena the judge let me have 2 out of the 3 items I wished for. The hearing came and my former employer stated to the judge that they didn't wish to bring in the subpoened documents because they were proprietary information and had nothing to do with the case. Basically, it all broke down to them saying I refused to train her and another employee how to do a certain type of billing. More lies... The ex boss when asked repeatedly if I refused, she finally said no. Who knows how it will turn out, but what I wanted to ask is failure to bring subpoened documents fairly serious? Thank you for this forum. It has some very valuable reading!

  • #2
    Update

    I won the appeal and received all of the back pay the next day. Lesson learned: Always tell the truth, be prepared to reply to false accusations, bring any paperwork, former employees, anything that could help you prove your point. The judge impressed me as being extremely intelligent and it was obvious from her 3 page letter regarding the decision that she didn't believe what my previous employer stated but believed me. The judge did not mention their failure to bring subpoened items. The system does work. Don't give up!

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    • #3
      Glad it worked for you!

      I'm sorry you didn't get any responses; I can't think why I didn't see your post initially.
      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.

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      • #4
        Thank you It has been extremely stressful going through this process but I'm glad this part is over. Now the Labor Board...failure to pay vacation. These people are so clueless. I have accrued vacation on each paycheck. We go to a conference recently and they say you dont accrue vacation the first year...but it's right there in front of them. This will be interesting. Have a good day everyone

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        • #5
          One down & one to go - good luck to you.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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