Unemployment Insurance Appeals

[eubiev]

What is the name of your state? California

I am an employer with 30 employees and 25 years in business. We recently had a disgruntled employee, who worked for us for only five months, appeal the EDD decision to not pay her unemployment benefits.

We consider her highly unstable. She turned us in to the labor board. We were audited and found clear of any wrong doing.

The appeal hearing went horribly. Unfortunately, only my husband went to represent our case. We brought sworn statements from our employees, but they were not accepted. This past employee, the claimant, seriously and maliciously lied to the judge with outlanding claims about us and our company. We brought exhibits and documentation to counter her claims, but the judge refused to consider it or even look at it.

We received the judgement today, ofcourse in her favor. I do not have a problem in her receiving her benefits. I DO have a problem with her malicious claims being accepted as facts.

Question: Should we appeal the decision in hopes of clearing our good name? Does this decision have any possible future ramifications?

Thanks for your consideration of this matter.

 

[Beth3]

Let it go.

The major mistake you made was bringing statements, not live people, to the UC hearing. As you found out, written statements will not be accepted by the court, as they are only hearsay and may not be entered into evidence. UC hearings are mickey-mouse compared to other court proceedings but the basic evidentiary rules still apply. Each other side has the right to cross-examine witnesses and a piece of paper can't be cross-examined. Next time, you'll know better. You need to bring witnesses to testify to any first-hand information they have that is relevant (such as the person who SAW Joe with his hand in the petty cash box.)

As to the malicous claims you say she made, they may not even have been relevant to the situation, although you don't explain what she said about the company or management. The ONLY thing the Administrative Law Judge was there to determine was whether she was no longer employed for a reason that would allow UC benefits. Period. Anything that doesn't reflect directly on that issue is irrelevant. That may be why the ALJ wouldn't allow you to present information to refute some of her claims - simply because it would be a complete waste of time.

In any event, the next step of the appeal process is merely an adminstrative review of the transcripts and evidence presented AT the hearing. No new evidence will be accepted, so it doesn't provide you with any basis to refute her statements.

Just chalk this up as a learning experience and next time bring whomever you need to testify TO the hearing - not written statements. Besides, while UC hearings are a matter of public record, nobody spends their time reviewing the transcripts. Nothing she said at the hearing will damage your company. You do not need to bother to try and clear your good name and no, this decision and anything said at the hearing does not have future ramifications.

 

[eubiev]

Thank you so much for your reply! Although it hurts me terribly that the things she said about our company have been accepted as "facts" by the court, I will heed your advice.

I'll let it go. My husband suggested we turn the other cheek and move on. Thanks for your understanding and encouragement.