Legal Question in Employment Law in California

I've been denied Unemployment Insurance in California, I'm filing an appeal. I've gone over most of UI Code 1256 and I'm certain that being charged with misconduct is not true, I'm certain it is not. My question is concerning a paper that my former employer has submitted to UI saying that I was mean to other employees that she has kept over the several years that I was employed. This is all new to me, The first I've ever herd of it.My husband is a construction manager and tells me that he has to keep a bound journal for anything like this for it to be admissable in court. He does not know the law of course, Just that he has to do it in that manner,

Is the sheet of paper my former employers piece of paper worth the ink it took to write it, or is there some legal presidence for this?


Asked on 7/24/09, 3:17 pm

1 Answer from Attorneys
Arkady Itkin Law Office of Arkady Itkin

Whether its admissible in court really doesn't matter in this case, as the Unemployment Appeals Board has its own rules of admissibility, and they generally admit all evidence, giving different weight to different kinds of evidence.

The more important issue is that even if misconduct took place, you are only disqualified from benefits only if you were terminated in connection with that misconduct. This means that if "misconduct" took place a while before termination, it's going to be hard for the employer to prove that that was the reason for termination, as usually employers who terminate an employee for misconduct, do that immediate after that misconduct takes place.

Thanks,

Arkady Itkin

San Francisco Employment Lawyer

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Answered on 7/24/09, 3:25 pm


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