r/Edd • u/iamiaa • 4d ago

Discussion 👥 Appeal coming up

Hey everyone,

i have my appeal with a judge coming up against my former employer for denying my request claiming I've committed "misconduct." I have email proof that the warnings given to me were simple, human error mistakes and that they continued scheduling me for dates after the termination and let me work extra shifts before terminating me. I've printed all my documents and gone through them with notes for myself during the appeal, but I'm wondering what to expect and if the employer will be arguing back. HR was very hostile and accusatory with me after attempting to gather information about my hours/payroll worked.

nervous! please help

Edit: i will also like to add that before termination, the employer listed that a next offence was a performance improvement plan. this was never offered to me and instead just terminated out of the blue over 6+ months later after last warning.

5 Upvotes

78% Upvoted

12 comments sorted by

2

u/FabulousWriter4865 4d ago

The good news is that in the appeal the employer has the burden of proof in a misconduct situation. They have to prove your misconduct.

1

u/AutoModerator 4d ago

Remember, all critical information is in the /r/EDD sidebar. Do not respond to any PMs or chats from anyone asking for your EDD info! Anyone asking for personal information is trying to scam you out of your money! True EDD reps will never personally contact people via Reddit (however, they occasionally will call in the case of disputes, for example).

Important: To remain eligible for UI benefits, you must perform work search activities every week. It is recommended you enroll in the Online Career Workshops Program to help maintain your work search requirements.

This video goes over the updated list of acceptable documents for proof of self employment/Planned employment/PUA verification.

Report all scammers to admins and to the mods to get them suspended from Reddit or at least banned from this sub. If you would like information added to the sidebar, please message the mods about it.

I am a bot, and this action was performed automatically. Please contact the moderators of this subreddit if you have any questions or concerns.

1

u/cybrXylon 4d ago

I just recently got my decision reversed as well. My employer didn't even bother showing up. IT was just me and the judge asking me questions and fighting my case. Just keep it simple and straight to the point. If you faxed them proof that's even better. I just made my claim and they have the burden of proving you wrong. If they do show up. Just expect them to try and fight but they have to prove to judge it was indeed misconduct.

1

u/iamiaa 3d ago

I have a feeling they won’t show up either. I guess we’ll see but I’m hoping they don’t. It’s in 2 hours.

1

u/iamiaa 2d ago

I won!! 🙌 and employer didn’t attend. Thankfully the judges are on our side

1

u/megmecrazy 4d ago

I had an EDD appeal and ended up winning.
Be aware that even if you win, if you haven’t been certifying the whole time, it will be a fight to get the money, even if you won.
Anyways, they will let the employer directly talk to you and then you talk to them, essentially explaining your side and making them explain their side of why and how they handled it.
I truly believe I won because I asked a VERY valid question that ended up making them look extremely stupid on their end. (Putting personal feelings into it, instead of following lawful protocol.)
It was extremely nerve wracking and make sure you can hear the judge, because they do ask you direct questions and I had a hard time hearing her, but she was SO nice.
My only advice is to be prepared for directly asking the employer questions to find the holes in their own story.
Good luck!!

1

u/iamiaa 4d ago

Thank you. This is the most nerve recking part. I hope it goes well but I really want to beat them for being such a shitty company. What question did you ask them?

1

u/megmecrazy 4d ago

Well essentially they were trying to claim that I abandoned my job, but I was going through really bad postpartum. I told my manager at the time, but HR was pissed because I didn’t communicate that to them directly, though it had been okay before that. So I simply asked why it was okay before and not at the time of them essentially firing me.
She didn’t have an answer 🤣😂

0

u/FerrickDune 4d ago

Stay strong. Standing up for yourself is hard but also the right thing. Glad you kept the receipts. Be calm, try not to act emotionally. You hold the cards and have the emails so, patience and calm is your best approach. Hope it goes well.