Allen vs. EPR
Dec 09, 2013OUTCOME: EDD's Determination/Ruling Reversed. ER's Motion to Vacate Denied. Claimant received UI benefits.
Allen was terminated allegedly for misconduct from EPR and then filed a claim for Unemployment Insurance (UI), but California's Employment Development Department denied benefits. Allen retained me as ... her attorney for a first level appeal, which was won on the fact that Claimant had not breached a duty to her former employer. EPR, who failed to appear at the hearing, later filed a second level appeal which was automatically converted into reopening Allen's claim/motion to vacate the ALJ's decision. EPR rightly lost this motion after another hearing on the basis that Allen's conduct was an isolated instance of negligence, not misconduct.
