I am a In Home Provider and because I told the client on Thursday I would be off the following Monday it was a holiday IHSS does not pay for holidays she got irrate in my face and said Maybe this is not the job for you - you should leave and I did. Now I have been denied UI and they want me to pay back 2 weeks with penalities I am appealing, but my word against hers no witnesses?
Employment / Labor Attorney
The only thing I can tell you is just state the truth about what had happened in the Unemployment Hearing.
You will have to give your side of the story and present it in the most truthful way possible.
It is often the case for an employee to provide a different story than the employer with respect to reasons for separation of employment. The Administrative Law Judges presiding over EDD appeal hearings deal with this every day. You can have an attorney represent you at your appeal hearing or you can represent yourself. As you testify at the appeal hearing, be completely honest when you answer the Judge's questions, listen carefully to the questions you are asked, and look the Judge in the eye to establish credibility. If you are not comfortable representing yourself and do not know what to expect at the appeal hearing, you should consult with an attorney who has experience with EDD appeal hearings. The Administrative Law Judges are very fair and will listen to your side of the story. Relax, pay close attention to what is being said at the hearing, and be honest! Good luck to you!
I am not providing a legal opinion based upon your specific case since I do not have sufficient information to form an opinion at this time and in this forum. Moreover, I do not represent any client until I have evaluated their case and we have executed a written attorney-client retainer agreement. Since all legal claims have specific filing deadlines, you should consult an experienced attorney immediately to better understand your options and your filing deadlines.