Legal Question in Employment Law in California
I was recently terminated from A Nursing Registry that I had worked for 8 years. One of the hospitals I worked for put in a complaint about me and it was not true, so the hospital gave me a Do Not Send (for something I did not do) and my employer listened to exactly what the employer said and did not even want to hear my side at all, so now I filed for unemployment and it was denied and I have a EDD Appeals Hearing coming up in 3 weeks for the EDD judge to make a decision if I will receive benefits or not. When I had my EDD telephone interview the EDD interviewer allowed my employer to send negative paperwork about me from the hospital and EDD interviewer would nopt even allow me to submit anything, like my 8 employee evalution that are excellent and 1 satisfactory. What else can I do to support my case?
1 Answer from Attorneys
You can ask for a copy of the EDD file, before the hearing, so you know exactly what is being said to give you a chance to prepare a response. You can also tell your former employer you want to review your personnel file, which you have the right to do under Cal. Labor Code section 1198.5.
When you are clear on what the accusations are, which must amount to misconduct, prepare an outline of facts or points you want to raise at the hearing in response. Also prepare an outline of questions you wish to ask the employer and its witnesses, if they bring any. If you believe there are any witnesses who can help you, apply to the assigned judge for a subpoena to be issued for that witness. Be prepared to explain why the witness is important.
Finally, go to the EDD website's Benefit Determination Guide and read up on the misconduct section, so you are familiar with how the judges have ruled on similar issues. You can find it http://www.edd.ca.gov/UIBDG/ .
Good luck.
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