Unemployment Appeal Hearing

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Legman

پراید آش
Nov 5, 2002
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#21
you live in the 209 breh

we all know how that goes

i wish i could help you out, but ive never been to unemployment appeals, best of luck and hopefully that shithole of a valley gets to expanding job opportunities for its local residents...

findin a job even if your qualified is hard as fuck nowadays

im thinkin about buying into my brothers re-established resellers business and make sum money off the investment
 
Feb 15, 2003
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#24
If you arent pushing arent walking around with one of those above and or value your freedom take care of your job its not that hard.
I feel you.. but also, doing what i did i never thought i would put my job in jeopardy, especially when managers are watchin that shit go down and not saying shit about it........

Just watch out, cuz people will always protect their jobs even if it costs u yours..... these motherfuckers are fuckin with my livelihood here, I don't think they understand........
 
Apr 25, 2002
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#27
You shouldn't need a lawyer and this is a winnable case. I would not be surprised if your employer doesn't show up to the hearing, technically, what you did is misconduct, but the angle you need to take is you didn't receive proper training, the policy wasn't clearly explained, you've witnessed others breaking the policy with no problems, the policy isn't enforced.

Think strategy ahead of time because the potential lawyer and/or employer representative will likely not be your direct supervisor who terminated you or was involved in the events. Testimony in person weighs more than hearsay. So for example, mention people who won't be at the hearing. Mention the person who trained you during your new hire orientation. State that during this orientation this policy was never mentioned or clearly explained. Mention the person who gave you your handbook and mention how unclear it was. If there was no handbook, mention that there was no hand book. Mention any conversations you may have had in the past with managers who were unclear about the policy, whether they currently work there or not. Mention the incident you speak of, with the name of the manager / supervisor who you witnessed break the policy without repurcussions.
 
Feb 15, 2003
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#28
You shouldn't need a lawyer and this is a winnable case. I would not be surprised if your employer doesn't show up to the hearing, technically, what you did is misconduct, but the angle you need to take is you didn't receive proper training, the policy wasn't clearly explained, you've witnessed others breaking the policy with no problems.

Think strategy ahead of time because the potential lawyer and/or employer representative will likely not be your direct supervisor who terminated you or was involved in the events. Testimony in person weighs more than hearsay. So for example, mention people who won't be at the hearing. Mention the person who trained you during your new hire orientation. State that during this orientation this policy was never mentioned or clearly explained. Mention the person who gave you your handbook and mention how unclear it was. If there was no handbook, mention that there was no hand book. Mention any conversations you may have had in the past with managers who were unclear about the policy, whether they currently work there or not. Mention the incident you speak of, with the name of the manager / supervisor who you witnessed break the policy without repurcussions.


Good looking out breh, that's the type of shit i was looking for....... I appreciate you takin the time...

Thats pretty much the angle I am taking I have spent today printing up documents off the EDD site as well as the company policies from their site... I am having my coworker, who got fired, write me a statement saying how he assured me it was okay and that he had previously done it numerous times...

I actually have one of my old supervisors here helping me out preparing my case lol, he dont wanna testify on my behalf because he is still with the company and I ain't tryin to bring him into and put his job on the line... but we coming up with some solid, valid points to bring forward...

Thanks for the responses, i'll let you know how it turns out... maybe this thread will end up being useful to others in the future, watch yourselves.
 
Apr 25, 2002
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#31
My last try:

California Rural Legal Assistance Inc. 631 Howard Street Suite 300 San Francisco, CA 94105-3907 Office: (415) 777-2752 Service Area: Colusa, Imperial, Madera, Monterey (North Coast and Salinas Valley areas), San Benito, San Joaquin, San Luis Obispo, Santa Clara (Gilroy and Morgan Hill areas), Sonoma, Stanislaus, Sutter, Yuba, Kern (northwest portion), Santa Barbara (northern portion including Santa Maria)

Modesto ................................ (209) 577-3811
1111 I Street, #310
Modesto, CA 95354
 
Feb 15, 2003
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#32
^^^^^^ Appreciate it man......

I think im'a just handle the situation representing myself.. I have been putting in time and effort preparing, I just hope I don't freeze up or get nervous during the hearing.. There is a lot of emotions for me in this whole situation so I gotta do my best to stay calm and not get angry (or hyphy)....

I just found out I can receive a copy of my file before the hearing to review the case they have prepared against me...

If I would have known this earlier I could have requested it by mail, but now I am about to head out to Sac to pick it up and see what I'm going up against...
 
Feb 15, 2003
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#33
I had called the appeals office in Sac and told them I was on my way to get the file, they said ok.....

I drove from Modesto to Sac in a little over an hour and when I got there they said that the judge had just left with my file heading to Modesto.. Wow the girl felt hella bad and was apologetic but I wasted time and gas driving and then I got to the Modesto office and was only allowed to view my file and not make a copy of it.....

some bullshit going on though, there is cliffnotes that the LP witness who was sitting in with me and the manager wrote... out of 4 hours of interogation there is maybe 15-20 statements, and some of them false or taken out of context...

then I got to read the LP manager's report and for real he painted me out to be intentionally harming the company and he made it seem like i just openly admitted I knew what I did was wrong and felt bad about it......

I'm steamin right now about this, I just gotta prepare my case hella good and be ready on Friday.. It's gonna be hard to stay calm but I know getting loud ain't gonna help me none.....
 
Feb 15, 2003
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#34
I might talkin to myself here but...

Yesterday at the hearing... my employer didn't show up.. they did have a case against me, but it was just me and the judge in there so I think I have the upper hand.

Everything I said was under oath, and the employer was not present to be placed under oath, so I think my word should have more value.

Judge said I'll receive a decision in the mail, anybody that's been through this process have experience in how long the decision took? The appeal office said 2-6 Weeks, but I sure the fuck hope not.
 
Apr 25, 2002
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#35
I went thru this process before. I went in there KILLIN my former employer who sent one of thier VP's and a Lawyer for the company. Wrong is Wrong tho, and as long as you can show there was no just cause in you getting fired, YOU GOOD.