appealing edd denial

[Pookella]

What is the name of your state? ca

Was terminated 11/28/07 and got denial of benefits letter from edd for misdconduct, late January 2008. Want to know if reason for termination, due to company policy issue and not misconduct as edd states, could appeal hearing be decided in my favor? Have heard gross misconduct is one of the big reasons for a denial of benefits, is this true?

 

[ecmst12]

Gross misconduct is a valid reason to deny benefits. The burden of proof is on your employer to prove you were fired for that reason.

 

[cbg]

COULD an appeal hearing be decided in your favor? Sure, it could happen.

COULD the Chicago Cubs win the World Series this year? Sure, it could happen.

COULD the moon fall out of the sky? No law says it can't.

But if you want an informed opinion as to your chances of prevailing on appeal, you're going to have to give us some details about your termination and what reason the employer gave.

 

[Pookella]

Appealing edd denial

Got warning in August 07 and told had six months to adhere to customer service policy. Made multiple requests to supervisor,per company guidelines for performance improvement plan which led nowhere. Supervisor repeatedly avoided questions and made no effort to allow coaching,feedback or any direct assistance to make required improvements with in specified timeline(no attempt was made to delegate improvements to colleague or other suitable personnel). Supervisor didn't make daily or weekly schedule known and would leave at first opportunity,making getting information or questions answered difficult. Told the week before fired, that a bad call was monitored and needed immediate review. Asked supervisor point blank if I would be fired, he said the decision is under review. One week later, after barely 30 min of work, got called to confrence room and told was being fired for violation of customer policy. During paperwork, and discussion of termination (with supervisor and hr rep) no mention at anytime was misconduct was stated or that it would be used as a basis to delay or deny edd claim.

 

[cbg]

No harm in trying.