Legal Question in Employment Law in California

I was discharged with the reason that management felt I was "frustrated and unhappy" and when I filed for UI, I was denied due to the employer's response that they discharged me for different reasons. I was not informed of these reasons while they were discharging me. They did not have me sign any documents relating to the discharge. All they told me was that they were discharging me for being frustrated and unhappy and that I "did not have a say in it." What would be the best grounds for the appeal for my UI?


Asked on 9/10/09, 2:14 pm

1 Answer from Attorneys
Arkady Itkin Law Office of Arkady Itkin

It seems you have a very good reason to appeal. Under the Unempl. Insurance Code section 1256, you are disqualified from benefits if you are terminated for "misconduct." Misconduct is a term of art and requires showing on the part of the employer that the employee committed a serious violation of policy, or was in willful disregard for rules. The fact that your employer didn't tell you why you are terminated and the fact that they are changing their story suggests that no such misconduct took place, and you have a legitimate reason for appealing it yourself or even better - with the assistance of attorney.

Thanks, and feel free to follow up.

Arkady Itkin

http://www.arkadylaw.com

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Answered on 9/10/09, 2:27 pm


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