CaliforniaGrad
Junior Member
What is the name of your state? California, specifically Los Angeles.
I had been receiving unemployment benefits until I was notified my employer was contesting my claim on the basis that I provided a "false statement in order to obtain benefits".
I put that I was fired due to "company downsizing", which was wrong and incorrect. I'm a recent college grad and didn't know why I was fired...I was never warned and was told that they were letting me go because "I wasn't passionate about the position". When contacted by the EDD I recounted the "company downsizing" claim and stated I was fired because the company wanted to "restructure the position". In effect - my benefits were reinstated.
I thought all was fine UNTIL...
I received a letter from the EDD with a court date stating the company is still fighitng my EDD claim on the basis of "misconduct".
On the EDD appeal form the company signed they state I was fired for "misconduct related to my performance on duty". Specifically, that I was discharged due to neglect in reducing their expenses on venue contracts equivalent to my bi-weekly salary of roughly 2000$.
My question is will this stand in court?
I was originally hired on the basis that I would be working on reducing their expenses on venue contracts, but was trained for 2 weeks to do bank reconciliations and administer benefits and check distribution-which became part of my job. I was never told I HAD to reduce their operating cost equal to my bi-weekly salary. I was never told I was doing a bad job. I reduced their expenses, and reported it to them.
Does a company have to give formal warning before they fire you?
I never recall receiving any warning that I would be fired AND I was never written up in writing.
How likely is it, that the court will rescind my benefts?
I only worked there for 6 months before they let me go! I never had a chance to prove myself.
In those 6 months, my job role became less and less specific. They kept giving me additional high-volume work such as hiring 8 new employees (4 of which would be VP roles), answering sales calls-processing orders, handling customer shipments and providing answer to problems, all while working as their accountant handling purchases, reconcilliations and payroll.
I wonder if they will be able to win this case based on their claim that I didn't perform the reduction in their expenses?
What will I need to bring to court as evidence to prove my case that I wasn't given a reasonable chance to perform within those 6 months?
How will the fact that I initially said I was fired on company downsizing affect my claim?
(Note: I was never told "specifically" why I was being fired.)
Will this help me (see below)????
In addition, I contacted this same employer 2 weeks ago and he agreed to be a professional reference and write a recommendation letter. Should I mention this in court? I don't want to ruin that opportunity.
Any legal advise on this situation will be greatly appreciated.
I had been receiving unemployment benefits until I was notified my employer was contesting my claim on the basis that I provided a "false statement in order to obtain benefits".
I put that I was fired due to "company downsizing", which was wrong and incorrect. I'm a recent college grad and didn't know why I was fired...I was never warned and was told that they were letting me go because "I wasn't passionate about the position". When contacted by the EDD I recounted the "company downsizing" claim and stated I was fired because the company wanted to "restructure the position". In effect - my benefits were reinstated.
I thought all was fine UNTIL...
I received a letter from the EDD with a court date stating the company is still fighitng my EDD claim on the basis of "misconduct".
On the EDD appeal form the company signed they state I was fired for "misconduct related to my performance on duty". Specifically, that I was discharged due to neglect in reducing their expenses on venue contracts equivalent to my bi-weekly salary of roughly 2000$.
My question is will this stand in court?
I was originally hired on the basis that I would be working on reducing their expenses on venue contracts, but was trained for 2 weeks to do bank reconciliations and administer benefits and check distribution-which became part of my job. I was never told I HAD to reduce their operating cost equal to my bi-weekly salary. I was never told I was doing a bad job. I reduced their expenses, and reported it to them.
Does a company have to give formal warning before they fire you?
I never recall receiving any warning that I would be fired AND I was never written up in writing.
How likely is it, that the court will rescind my benefts?
I only worked there for 6 months before they let me go! I never had a chance to prove myself.
In those 6 months, my job role became less and less specific. They kept giving me additional high-volume work such as hiring 8 new employees (4 of which would be VP roles), answering sales calls-processing orders, handling customer shipments and providing answer to problems, all while working as their accountant handling purchases, reconcilliations and payroll.
I wonder if they will be able to win this case based on their claim that I didn't perform the reduction in their expenses?
What will I need to bring to court as evidence to prove my case that I wasn't given a reasonable chance to perform within those 6 months?
How will the fact that I initially said I was fired on company downsizing affect my claim?
(Note: I was never told "specifically" why I was being fired.)
Will this help me (see below)????
In addition, I contacted this same employer 2 weeks ago and he agreed to be a professional reference and write a recommendation letter. Should I mention this in court? I don't want to ruin that opportunity.
Any legal advise on this situation will be greatly appreciated.