Legal Question in Employment Law in California
Being denied a California UI claim
I was recently fired from my job for
allegedly ''reporting to work
intoxicated''. What actually
happened was I went to work even
though I lost my voice the day before
(on my day off) and was sent home
involuntarily. i asked to stay but was
told I couldn't work without my
voice. the following morning my
girlfriend called in sick for me because
i still hadn't gotten my voice back.
Upon returning to work i was fired.
According to several coworkers i
appeared to be intoxicated when i
reported to work a few days prior. i
told them i wasn't intoxicated but
actually wasn't 100% because i was
sick. i've applied for UI here in CA
and anticipate being denied because
my employer will report i was fired
''by fault of gross misconduct''. They
don't have any proof I was
intoxicated and I guess I don't have
proof I was sick (I didn't go to a
doctor) I'm scheduled for a phone
interview with EDD in 3 wks. Any
advice on how to respond to
questions about being fired in this
situation? Any advice on how to
handle my claim in the event I need
to appeal a denial?
Any and all comments are
appreciated.
2 Answers from Attorneys
Re: Being denied a California UI claim
It sounds pretextual. Don't be surprised if EDD denies your UI claim and you have to appeal. That's not to say your claim doesn't have merit. You'd think that they'd come up with an alcohol test, or someone saying they smelled alcohol on your breath, or something. You "looked intoxicated" might not cut it. What if you were having a diabetic attack? You might then "look" intoxicated. Certainly, you don't fire someone for "looking intoxicated" without verifying the fact (for UI purposes).
Re: Being denied a California UI claim
It is quite possible that your employer will argue the way you suggested they will. You still should present your side of the story, an then... if that doesn't work, you should submit an appeal to the appeals board and present your case to the administrative judge. You can do it on your own or through legal representation.
The process of appealing is fairly quick and simple, but the appeal hearing itself is like a mini-trial where both sides present their case, available evidence, etc... so it's worth preparing for it and being represented by counsel.
Thanks, and feel free to follow up.
Arkady Itkin
San Francisco Employment Lawyer
http://www.sanfranciscoemploymentlawfirm.com
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