UI denied after 6 weeks by EDD, appealing. Former employer stated at separation they would not deny UI. Need help/advice to win

Asked over 2 years ago - Lakewood, CA

Had 7 yrs with excellent reviews/praise for being a by the book, fair yet firm supv. Our drivers are union, had several grievances made when I terminated drvs for various reasons all were dropped. Took vacation in Nov I was called by a loyal drvs that said there were 7+ anonymous complaints made against me. On Sunday b4 my return I was called by HR to stay home so they could investigate. Tues I was called in & released, I was sacrificed to quiet the union. HR advised they would not deny UI, there was no documentation, facts info etc on any "complaints" just a terminating relationship. I initially did receive UI benefits however after a phone interview 6 wks later EDD stated they were denying thankfully im employed however EDD is asking for $$ paid returned I need help pls. Thank you

Attorney answers (1)

  1. Robert Edward Nuddleman

    Pro

    Contributor Level 10

    Answered . You have the right to appeal the denial, assuming you send in the request for the appeal within the time stated in the notice denying the benefits. At the hearing, the employer will have to prove that you were discharged for "misconduct." Misconduct generally means a substantial breach of a material duty owed to the employer that demonstrates a willful or wanton disregard for that duty and which tends to harm the business interests of the employer. At the hearing, you will have the opportunity to present evidence (documentary or testimonial) to establish that you were fired for reasons other than misconduct.

    I find it is oftentimes useful to view the EDD's file a few days before the hearing to determine what the other side provided regarding the reasons for the termination. That may help you better prepare your arguments.

    You can find useful Precedent Decisions at the EDD's website. Some of the cases may have similar facts to which you analogize your case.

    Unfortunately, the fact that HR said they would not deny you UI benefits is of no help whatsoever. Employers do not decide whether the benefits are denied or not. Although the employer can help or hurt an employee's chances of obtaining benefits depending on what information they provide to the EDD, the decision to deny UI benefits rests with the EDD.

    You may want to speak with counsel familiar with unemployment insurance claims to discuss the types of evidence you may want to present. Some law schools or pro bono clinics provide assistance to low income wage earners in unemployment insurance appeals.

    This response does not create an attorney-client relationship between you and Phillip J. Griego & Associates. The... more

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