Legal Question in Employment Law in California

I'm discharge for dishonesty in California and employer is appealing to deny my unemployment benefit. U.S. Bank offered a internal transfer position 3 miles from my resident on April 2010, I applied on April 2010 and eligible to transfer on May 19, 2010. New location manager approved the transfer request on April 2010 and ready to hire on May 28, 2010. During this time frame, current manager bad mouth my performance and drag this transfer process. However, I provided annual review to new location manager and solved the issue. Regional Manager and HR came and demanded me to be truthfully and provide any moral issue in the branch level. I provided information such as, manager bad mouth about my performance, illegally change upset customer to void survey calls, allow employee to sell tobacco to customer, refuse to provide breaks. On May 19,2010, I submitted transfer request and discharged on May 20, 2010 for dishonesty. On May 20, 2010, Regional Manager and HR said, someone in branch is willing to provide a written testimony states, "I will try to get my current manager in trouble if I can't transfer." In addition, They also accused my statements were inconsistent(such as call current manager crazy and how I heard my manager bad mouth). At this point, I asked to record all conversation and polygraph test. U.S. Bank refused all requests and is appealing to deny EDD benefits with dishonest reasons. What can I do.


Asked on 6/24/10, 8:09 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

If you have any defense and evidence to show the claim of 'dishonesty' is not true, then you can appeal the EDD decision and request a hearing on your benefits.

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Answered on 6/25/10, 9:13 am


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