Employer Fighting Unemployment Benefits

[CaliforniaGrad]

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.What is the name of your state?

 

[seniorjudge]

An employee at will may be fired for any or no reason.

 

[CaliforniaGrad]

But that doesn't give them the right to deny unemployment benefits.


I looked up misconduct and poor performance does not constitute misconduct - does it?

 

[garrula lingua]

Do you have anything that stated your job duties ?
... the original ad for your job or any replacement ad they posted ?

Do you have any emails or memos you received which described your job duties differently than they are stating ?

What 'neglect' (in reducing expenses) is the co. alleging ?
Did you fail to monitor an account ?

... honesty is always best. It does sound as though you were confused and didn't know why you were discharged, but it makes your case worse for your having misstated the reason for termination (did you really know the reason or did you guess ?).

Just respond truthfully (?? you weren't sure why you were discharged, nothing was in writing, and ?? you stated your best belief which now appears to be erroneous?? you were wrong about the reason because ... why ??-- whatever is the truth).

Whether you get benefits restored is dependent upon the decision of the hearing officer.

 

[lex_advoc]

Will this stand in court?
The case will stand in court especially on the allegation of misstatements in your unemployment benefits claim.

Does a company have to give formal warning before they fire you?
Customarily, notice shall be required when ER will terminate an EE, except in cases of at-will employee (may be you are one of them-presumed).
In the latter case you may be terminated for any reason, so long as it's not illegal.

How likely is it, that the court will rescind my benefits?
It is on high that the court will rescind your benefits especially if misstatements in your application for a claim is found after consideration of pertinent matters.

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?
Is there any contract of employment signed by you and your employer- which specifically laid your job work/ specification. This is too important to address this concern.

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?
Not relevant in this context.

How will the fact that I initially said I was fired on company downsizing affect my claim?
Most likely your claim will be cut off and you will be in peril of being held liable to reimburse whatever you come to receive, exclusive of other sanctions that the court may permissibly hold you liable.

Will this help me (see below)???? No

Should I mention this in court? I don't want to ruin that opportunity.
That has no bearing or of less import.