Legal Question in Employment Law in California
Appeal to CA Unemployment Ins. Appeals Board
Just received Office of Appeals unfavorable decision. Done extensive research on the issue. Need help in preparing the letter of appeal. I take it is important how I present my reasons. Please, help. Also, why did admin. judge go with employer's statement if they did not present any supporting evidence? Their witness was employer's daughter and a lawyer, saying lies-is she qualified witness? Her false statement was the only proof they used to show me harming the company. I couldn't get any witness because the rest of staff is members of the same family. Clients given to me (CPA firm) were mess, 1-yr after-perfect. Should I include a copy of EDD's past cases similar to mine with favorable decision? Any idea why administrative judge ignored all of my arguments to false statements? Is there a specific approach I need to take? Does the fact that I was told they will give me great references matter? If none of ''substantial breach'', ''willful or wanton'' were proven by employer why ''misconduct'' was affirmed? Confronted employer on being subject to rules non-applicable to others to which the response was ''non of your business''. Numerous examples of discrimination and hostile work environment. Any suggestion are greatly appreciated.
2 Answers from Attorneys
Re: Appeal to CA Unemployment Ins. Appeals Board
If you have already lost the administartive hearing, your appeal will be based upon the evidence presented at the hearing only. You cannot bring in any new evidence that was not offered by you during the hearing. Order a copy of the tape recording so that you can go over all of the testimony and any evidentiary rulings that were made. Your focus must be on whether the ALJ made an error on weighing the evidence or in interpreting the law and address those issues fully.
Re: Appeal to CA Unemployment Ins. Appeals Board
if your opposing party is the "plaintiff" in this cause of action, then the burden of proof is on them, rather than you. all you have to do is provide defense to one or a few elements of the charge, while the plaintiff has to prove beyond a proponderance of the evidence that you are "guilty". if you are the defendant here, the adavantages are in your corner here. please email my law office today with more specific details and we would be more than happy to further assist you legally and/or represent you in this matter.
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