Will my employer be at the hearing?

Asked almost 5 years ago - Los Angeles, CA

I recieved notice of Hearing because I disagree with EDD's decision.
I went on my vacation and found out that when I come back my employer already hired people to take my place. I called my empoyer to find out if I will get my shifts back. I didn't get an answer and havn't heard from him more than 2 weeks so I decided to file for unemployment.
I beilieve that EDD contact my boss and he informed that this employee quit her job without good cause.
Now I'm not eligible for benefit.
How can I prove to the Judge that my employer didn't tell the truth. I didn't quit my job. I got approved to take vacation.
Is my Boss going to be at the hearing?
If I win or loose the case, what next?
Will I be able to go back to work with the same employer?

Attorney answers (1)

  1. Steven Alan Fink

    Contributor Level 20

    Answered . Your employer has a right to be at the hearing. The issue for you is how to prove that you were on an approved vacation, as opposed to not showing up for work. Do you have anything in writing, e-mails, letter, etc. proving the authorized vacation? Any witnesses at work who will testify? The EDD will not get you your job back. All they will do is pay you unemployment or not pay you unemployment.

    Disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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