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I was denied unemployment for misconduct. i want to appeal, Do I have a chance?What will help me win a appeal?

Fresno, CA |

i was denied unemployment for misconduct. i want to appeal, Do I have a chance? I was given a final waring. After that, i was late several times but no more than 7 min. we get a 7 min leeway. then on a isolated instance in a week i was 15 min to 30 min late due to a confusion with the schedule about 4 times. Our schedules or located on a database we log into and sometimes change without notice. when i got it straight i was no more than 7 min late and was fired after coming in 6min late. I have documentations showing the 7 min leeway as not being late. (showed as adhering to schedule).

I was denied under section 1256 (... or was discharged for misconduct from his most recent work). Also section 1260A provides- An individual disqualified under section 1256 is disqualified until he/she, subsequent to the disqualification act, perporms services in Bona fide employment for which he/she recieves remuneration equal to or in excess of five times his or her weekly benifit amount. What does this mean? Do i have to appeal or just earn 5 times my benfit amount?

Attorney Answers 2

Posted

Second Level Appeal is described in this link

http://www.edd.ca.gov/Unemployment/Second_Level_Appeal.htm

Good luck to you. I am in Chicago.

You might find helpful my Legal Guide helpful "How to Choose A Lawyer For You"

http://www.avvo.com/legal-guides/ugc/how-to-choose-a-lawyer-for-you

You might find my Legal Guide helpful " What Do I Tell My Lawyer"

http://www.avvo.com/legal-guides/ugc/what-do-i-tell-my-lawyer

Good luck to you.

God bless. I am in Chicago and do not practice in your state.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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Posted

Many workers have their request for unemployment benefits denied. You must file the appeal within 20 days of receiving your notice of denial.

Explain exactly what happened, and add an additional piece of paper if necessary. Follow this link for what must be included in your letter: http://www.edd.ca.gov/Unemployment/First_Level_Appeal.htm
Enclose with your letter a copy of the documentation showing the 7 minutes leeway, and if you have it how schedules are to be accessed and can be changed.

Technically, "Misconduct" generally occurs only when an employee violates an important workplace rule - such as stealing, getting into a fight with another worker, or sleeping on the job. Working too slow, being ineffficient, make a bad call, should not amount to misconduct. You situation falls in the grey area because you were repeatedly late for work. However, I would still file the appeal because as you have pointed out: (1) the employers policy allowed a 7 minute grace period; (2) although I was late it was less than 6 minutes; and (3) when I was more than 7 minutes late is was only because I couldnt access my employment schedule which is online and during the time in question my schedule changed 4 times.

If you do not win the first appeal, I still wouldn't give up. You can file a second appeal.

Disclaimer. The information posted above is for general information, does not constitute professional legal advice, and does not create an attorney client relationship.

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