CA Unemployment Appeal Hearing

[WDWCPS999]

What is the name of your state (only U.S. law)? CA

What is the name of your state (only U.S. law)? California

I was fired in July for suspicion of theft. I had a phone hearing with the state in September and was deemed eligible for benefits. Now the company is appealing that decision and I have a hearing date. When I received the initial letter in the mail, notifying me of the pending hearing, there was a line in the letter that said....

"If the Administrative Law Judge who presides over your employer's appeal hearing finds you are not eligible, your benefits will stop. You may be require to repay the Department benefits received after the date thus notice is issued."

The words "received after" are underlined in the actual letter too. I keep trying to get a definitive answer but does this indicate that benefits received BEFORE this date will not need to be repayed? I ask because my last check arrived dated 9/28 and the date on the letter is 9/29. As of 9/26 I declined further benefits because I got a new job.

I called the unemployment department today and they confirmed that anything received before the letter I get to keep. And since I didn't receive anything after the letter, there is nothing to pay back.

I am deciding whether to attend the hearing or not. I have a few questions I want to ask first.
My old employer uses a third party to file the appeals for them, what are the odds this company will even show at the hearing?
Does this third party have to provide me with any evidence they plan on using or can they surprise me?
If I do not go to the hearing, is it automatic that the judge will rule in their favor?
If the judge rules in my favor again, can my employer appeal AGAIN?

 

[WDWCPS999]

I think I am going to appear by mail. I have prepared a very detailed account of the incident that caused my termination. I've included ONLY details surrounding those events and was 100% truthful in the letter. My greatest fear was them trying to use other events not directly related to the incident I was terminated for as evidence. I will send this in and hope for the best. I am far too nervous of a person to appear there in person. I just can't do it.

Part of me though, wants to just roll over and let them declare me ineligible. Like I said, I confirmed I don't have to pay anything back. If I win this, my fear is that they will keep appealing and then suddenly I am in a trial. I am a big worrier.

What are your thoughts? Any advice I can get will help.

 

[Zigner]

Duplicate Post/Thread: https://forum.freeadvice.com/hiring-firing-wrongful-termination-5/employer-appeal-states-decision-497526.html

 

[commentator]

I said it before on the other, slightly different post, and I'll say it again. If possible, do it by telephone!!!! Why are you too nervous to go to a hearing and answer questions about your termination, which has already been determined to be non valid in one decision?

The third party is like playing "Gossip" Some of them try to make up for their lack of information by being extra officious and hostile. Ignore them. They can't do anything to you. The appeals referee should keep the process moving smoothly. It is very structured.

They'll have a bunch of material prepared for them by the employer. Your contention is that you were terminated unjustly, you did not know that your job was in danger, you did not do what you were accused of doing, you were given no opportunity to save your job.

Unless California has very different appeals procedures, you can't do your appeals hearing in writing. Hello, HEARING! not "statement I wrote up." How could you answer the hearing officer's specific questions? How could you be sworn in? I bet they will not accept any sort of written statement in a hearing. It would be considered the same as if you did not show up at all.

If you roll over, naturally the other side will not have its allegations questioned, whatever they claim. Sometimes, they lose, but you sure will have no one defending your side of the story. Since you are not there to be your own advocate, what they say may be accepted as the truth.

You will be overpaid. This will bite you, even if you do not have to pay money back. You will not be able to draw again until you have met re-earnings requirements. Why are you so chicken as to quit, when you have already won the first round and defended yourself against an unjust termination for a nasty cause? What if they go around telling people who check your references that you were fired for stealing, and you cannot even tell them that you were terminated and then approved for unemployment because they had no case against you?

As for their bringing in other reasons why they try to claim you were terminated, this would not be considered relevant in the hearing. Why did they not mention this in the initial inquiry? Too many small reasons why you were a bad employee will not prove anything or mean anything. They must prove they had a very serious cause for firing orthat you were given adequate warnings or opportunities to improve your behavior and chose not to.

Is the hearing set for telephone or in person? Please do not tell yourself "I just can't DO this!" You can, and you should defend your good name and your right to draw benefits after being fired unjustly.

If they lose this time, they can appeal to the Board of Review. You do not appear at this one. The board only reviews the material from the hearing, and
decides whether the unemployment law was followed by the appeals referee. No trials involved.

 

[WDWCPS999]

The hearing info I got from the state says I can submit a written document with the details of my side.

What I was hoping you could explain was the part about not being able to re-draw until I met certain earnings requirements. What does that mean?

Thank you for your response. Like I said. I don't know what "evidence" they will be bringing. Is it something I haven't seen? I asked for the evidence and was told I wouldn't get it until the hearing.

 

[swalsh411]

Your former employer is not obligated to provide you with evidence in advance of the hearing. This is not a criminal case and you are not entitled to discovery.

Why not request a phone hearing? You may submit written evidence in advance of the hearing to back up your statements but why are you avoiding live testimony? Is there a reason you feel you cannot tell your side of the story to the hearing official?

As far as being able to "re-draw" is concerned, you have to meet the eligibility requirements in your state as far as earnings go in order to qualify for unemployment benefits.

 

[WDWCPS999]

I'm going to do it by phone. Why not? The more I think about it, you are all right. If they had evidence proving their case, why didn't they use it during the first stage of this process? I've been told over and over that my employer can not use anything that is not directly related to the incident that caused my termination. So why worry about something new popping up? If I am assuming right, this third party is only going to have paperwork from my employer. I can't imagine them having something better that was not used the first round. This is incident is the only one in question and the state saw fit once to side with me, why wouldn't they do it again?

 

[commentator]

Yay! Good for you! If you were fired unjustly, you need, for your own self esteem, to stand up for yourself and get this incident on record correctly! Be brave, be bold, tell the truth, and don't let them intimidate you. I am glad you have been able to find another job and move on, but this is the right thing to do.