Submitting Evidence At UI Apeal

[Jwd]

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

The time clock at my former job was integrated in the company computer system. There were no punch cards, no magnetic swipe cards. It's a completely independant system under the absolute control of the company owner.

The only type of documentary record of an employees "time card" is an ordinary piece of printer paper with the "time card" printed on it from the company computer. Basically just lines and numbers.

I've seen an example of this "documentation" and it looks like something that any seventh grader could make up and print off their home computer.

My question is, if an employer gives the appeals judge a "document" like the one I've described would that piece of paper be considered by the judge to be unquestionable evidence and undeniable proof? Or would the judge be willing to consider that such a "document" could easily be fabricated by an employer with an agenda?

Thanks

 

[pattytx]

Why is the employer protesting? Does it have something to do with attendance?

 

[Jwd]

One of the reasons my former employer gave for my termination was that I was taking long lunches. These allegations are untrue but impossible for me to disprove. The only possible record of my time card are in the company computer which is under the control of my former employer. It would be no trouble at all for my former employer to alter my time records and knowing him as well as I do I don't doubt he would. I've known him to do worse things.

 

[pattytx]

All time and attendance systems I've ever dealt with (and I've dealt with most of the big ones) have an audit log/history that shows who edited punches and when. I do not know the procedure in CA for subpoena-ing evidence for UI hearings, but if you feel that the employer may have done this, I would look into finding out how to get those records. The problem you may have is that there is no legal requirement for the employer to maintain those records for any length of time.