What evidence can I present to win an unemployment benefits appeal. My employer told the auditor that I was terminated for absentee reasons. As a result, the state stopped payments of my unemployment benefits. When in fact I never missed a day of work. The only write up was for being late a couple of times several months before I was laid off because of car issues. Also, my manager refused to edit the automated (kronos) clock in times because it was time consuming and complicated. As a result the kronos reports I was late several times. When in fact I wasn't late and I didn't clock in on time because I had to attend to other valid work issues before I had a chance to login into my computer to clock into the Kronos program. At times my computer would just take a long time to boot up
Employment / Labor Attorney
Your question does not indicate whether you have any documentation that tends to reflect that you complained in writing to the employer about the clock-in system or whether the company acknowledged the problem. If anything of that nature exists, you should present it to EDD at you appeal. Take extra copies of each document. One for you, one for the judge and one for the employer.
Be sure to file your appeal within 20 days of he date indicated on the Notice of Determination that you received from EDD.
You might benefit from consulting with an experienced employment law attorney and having them evaluate your case. The California Employment Lawyers Association maintains a list of employment law attorneys who represent employees against employers. Follow the link to: www.cela.org.
1 found this helpful
1 lawyer agrees