I live in California and was fired due to being late to work often because my kids were sick often. I was approved for unemployment but my former employer appealed it. I went to the appeal today and it was a nightmare. Everthing that could go wrong did. I delivered a lousy testimony to the judge because I had my kids with me and I couldnt concentrate. On top of it all I was late because my daughter was sick. I didnt even bother explaining. Anyway, my former employer said that I quit but finally admitted that I was terminated. If I am denied I would have to pay back some of the money I have collected. I dont know when the judges written decision will be mailed and I'll be going crazy until it arrives. Does it sound like I have a chance or does it sound like I will be denied?
2007-02-07 13:37:59 · 12 answers · asked by Jen 1 in Politics & Government ➔ Law & Ethics
Its always good to get something written down on paper on why you were terminated.
Maybe you are better off writing your explanation instead of speaking in front of a judge.
2007-02-07 13:42:14 · answer #1 · answered by Anonymous · 0⤊ 0⤋
It sounds like your son's had a rough time. Usually unemployment benefits decisions are hard to overturn. I don't think there is much that can be done. Unemployment insurance is for being laid off. If he was fired due to misconduct and that's what his employer is telling the unemployment bureau, then there's not much that can be done. I would recommend that your son put forth his effort to find a new job and change his way of doing things, i.e., wear sunscreen, get more reliable transportation, and try to get along (as best he can) with his co-workers. No one likes to hear excuses, especially if you haven't been on the job long. I think he just needs to step up his game and stop looking for excuses. If he was that unhappy with his coworkers there are other options, so that he could have documented his case with HR, then he'd have some backup and basis for appealing his unemployment application's decision.
2016-05-24 05:11:02 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You need to have told the judge your employer said he fired me because of being late but had other more personal reasons. Than show exceptional cause for having been late. And than say he used my being late as an excuse to fire you. Employers have the right to fire a person. Its called a person not preforming in the best interests of the company. My feeling is that its not fair because you don't have a job. Judges will look at that and what your position with the company was. Were you acting not in the best interest of the company? In no case should you have simply admitted to being chronically late. Hopefully the judge will be sympathetic that you lost your job because their decision would bind the company to pay - over and out.
2007-02-07 13:49:54 · answer #3 · answered by AngelKidd+JeffKidd 3 · 0⤊ 0⤋
It looks like you will be denied for unemployment. You couldn't concentrate, so you may have forgot to tell the judge some things that might of helped your case. You were also late to your court hearing, so this is another thing against you. You should have mentioned that your daughter was sick, this may have helped a little. If you can appeal that desiscion future, you could bring the doctors forms in and show the judge that your kids really were sick, maybe then you would have some proof that it wasn't all your fault.
2007-02-07 13:44:49 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Most appeals get denied. Especially in Riverside County. Those judges are grumpy!
Did you see Maguire? He's the worst for approvals.
2007-02-07 13:54:54 · answer #5 · answered by Honesty given here! 4 · 0⤊ 0⤋
Employers rarly win these things. As for the money getting a judgement and collecting are two different matters.
2007-02-07 13:41:38 · answer #6 · answered by walter_b_marvin 5 · 0⤊ 0⤋
yes you do. why? i am not from calif but do know that your state has the best fmla laws. the family medical leave act. your state has 6 weeks paid leave. go to www.ca.gov the california govt state website.
learning the laws on line have helped me. i will say a prayer for you.
2007-02-07 13:46:31 · answer #7 · answered by ccc 3 · 0⤊ 0⤋
You got fired from your job for being late too often,and then you are late for court.I don't think that helped your case at all.
2007-02-07 17:30:47 · answer #8 · answered by mizzjerry 3 · 0⤊ 0⤋
Generally speaking, if you get fired, you collect. There are exceptions, but being late isn't one of them.
2007-02-07 13:46:09 · answer #9 · answered by normobrian 6 · 0⤊ 0⤋
well you took the kids...I bet the Judge finds in your favor...
2007-02-07 13:41:23 · answer #10 · answered by Chrys 7 · 0⤊ 0⤋