Unemployment Appeal Hearing

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Feb 15, 2003
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#1
Man, I got fired like 2 months ago, and was denied benefits based on "misconduct".. My hearing is this friday coming up and I'm just looking for any extra suggestions, Sicc legal help.......

I sold appliances at a retailer on commission... One of my coworkers came in and wanted to buy a refrigerator, so I went to ring him up, then we get to the register and he wants to use his discount card, but let his boy pay for it on his credit card... I wasn't sure about going thru with it, but he said he does it all the time and told me specific shit he had bought with it and who paid for it... So i went through with the sale.. Keep in my mind, I witnessed the department manager watch a similar transaction go down within a week of this incident, where an associate used his discount card and a family member put the item on their credit card....

A few weeks later I'm called into loss prevention office and this fuckin douche bag LP officer tryin to interogate me like it's First 48 or some shit... They had me up in there for like 4 hours, then I was suspended for 10 days before they called me in and fired me....

They denied my unemployment, now I'm going to appeal based on the fact that this rule was not consistently enforced, and the way the rule is printed says exactly this "It is your responsibility to understand the eligibility rules that apply to you and to ask for a discount only where you are
eligible"......... Basically the whole policy never mentions the cashier ringing up the sale, it says you are responsible for your cards use... I never violated that policy because my card was never used in a sale where somebody else paid for it.........

This situation was fucked up, the LP manager has a inside vs. outside quota, we had a big visit coming up, and our store had a horrible inventory so dudes job was on the line and used us to meet his goals, even though other people do this shit daily....

I just got a bad feeling that the judge is gonna be a dick... I attempted to subpeona the department manager to the hearing to have him testify under oath and ask him if he allowed others to do the same thing, but the judge denied my request for the subpeona saying that I got fired for what i did, not what others did....... I just feel like it's discrimination tho, when they pick and choose who they want to punish for the same actions..........

What yall think? besides "I ain't reading all that shit".... and "cool story bro"
 
Dec 25, 2003
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#2
Knowledge of the company policies helps

If you have an employee handbook it helps

Anything you have already prepared helps

You can mention that you were facing a store wide inventory and that you felt you were the sacrificial lamb for the LP manager's poor performance

A rule that is not consistently enforced is not your fault

Dont get hyphy or loud or anything disrespectful with the judge

Appeal calmly and quietly and state your case
 
Apr 25, 2002
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Do you have a lawyer? There are a lot that do pro-bono work for unemployment claims. Is there a legal aid center near you often they can help even if they don't assign you a lawyer.

Also a lot of times the company won't show up for the appeal and you'll win just based on that.
 
Jul 4, 2009
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You shouldnt of gotten fired in the first place, your co worker should of. He knew better than to use HIS discount card and another persons credit card.
 
Jun 21, 2005
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Let me guess what company fired you.......SEARS huh? My sister got fired because of the EXACT same shit. She is doing the appeal also because she put in her 2 week notice and STILL got fired during that time. All the managers had witnessed several similar transactions and said it was ok to do.
 
Oct 31, 2003
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#11
so if im translating your story, you and your boy hooked up some homies with the employee discount and got caught....Most companies will suspend you "pending investigation" all theyre doing is buying time to get your last check ready and making sure the termination will stick(especially in california) you were doomed from the start
 
Apr 16, 2003
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#12
Yeah you should have went with your gut instict, but you didn't want to look like a square with your co worker and his homie so you fell into a mess. Good luck.
 
Apr 16, 2003
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#14
In times like these you have to protect your ass. It's better for companies to fire people over conduct issues then have to do layoffs especially for larger organizations. Everyone is looking to thin the heard without looking like douchebags.
 
May 14, 2002
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Do you have a lawyer? There are a lot that do pro-bono work for unemployment claims. Is there a legal aid center near you often they can help even if they don't assign you a lawyer.

Also a lot of times the company won't show up for the appeal and you'll win just based on that.
yeah man, I also used a legal aid center here, when I had problems with my employer.
You should give them a look at your case, they could probably help you out, if not they can point you in the right direction at least.
 
Feb 15, 2003
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Thanks for the feedback...

Yeah my coworker did get fired too... He wanted to go buy a washer n dryer right after the refrigerator and I said "no i aint gonna let u use the discount again, im not sure if i should have done it to begin with", so I rang his boy up normally, then the next day my coworker came in and adjusted his sale refunding his friend back 10 percent.. I didnt have shit to do with that though.......

The research I've done indicates that in order to be "misconduct" the act has to be willful and wanton, and hurt the companies interest, along with other guidelines.... it does say that "good faith errors in judgement" do not qualify as misconduct, so i might go that route, but also the policy doesn't clearly mention the person ringing up the sale, but specifically says that you are responsible for your discount cards use and when it can be used..........

Trust me I have been putting in much time and effort doing research and preparing my case, but I just thought some people on the sicc may have some personal experience with something like this...

I actually tried calling around about getting a lawyer, but the offices I called said they didnt work on unemployment appeals, I didn't have much luck searching online for legal help in my area (modesto) for this type of case... If anybody has any suggestions, or can help find somewhere in my area that could possibly help, let me know...Although it may be a little bit late for that now cuz my hearing is this friday...

They said my employer doesnt have to show up, that EDD is denying my benefits strictly based on what my employer told them, so I'm going up against EDD which usually appears only with a written statement...

The company, somebody guessed correctly in this thread, hires an outside source called UC Express to monitor their unemployment costs, and the appeal lady said that my employer is invited, but not required to show..

Fuck, I'm just crossin my fingers I can win this somehow because I need the paper right now, especially because I get back pay for the previous 2-3 months I have been out of work....

I never received a warning and was one of the top salesmen consistently for the last 2 years, i was making pretty good money and the job was cool, so i wasn't happy about the way this shit went down...

Fuck i just typed a lot I know, I'm just venting on this shit man, got me stressed out, I guess all I can do is wait and see and hope for the best.....
 
Nov 14, 2002
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#18
LoL... You're not going to find a lawyer to help you when the whole basis of the case is that you're broke.

THey're giving away so much free money right now I don't imagine you're going to have a hard time winning this case.
 
Feb 15, 2003
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LoL... You're not going to find a lawyer to help you when the whole basis of the case is that you're broke.

THey're giving away so much free money right now I don't imagine you're going to have a hard time winning this case.
I feel what your saying, I'm not exactly broke, but I sure will be if I don't get any income coming in soon....

I've been applying like crazy and trying to get jobs, but it's tough to find something right now

and especially something in the valley, and something that works around my college classes.......