Legal Question in Employment Law in California

Unemployment Appeal - willfull false statement

I worked in a restaurant for 2 years as a server/new floor staff trainer. 5 days before Christmas coworker asked me to cover a shift I arrived it was overstaffed. The manager checked if I should go home since things had been slow, due to a large party arriving at 730 she said I should stay to take the party as most of the staff was new. I stayed and helped everyone out since I was getting the large party I had to wait 2.5 hours before getting a table...when the party of 16 arrived a drama started up that caught me off guard. The owner tells me: ''You are creating tension in the restaurant'' I replied '' I am? Do you want me to go home?'' He said ''Yes''.

I was speechless, in shock, trying not to cry went home. Later I was called by a coworker who asked what happened, I said I don't know, she said your off the schedule. She said she would call me back the next day for more detail, she didn't call, noone would return my calls. I applied for unemployment and received benefits until the restaurant said that I had ''shouted out I quit'' they have witnesses supposedly and then said that I had been sent home for misconduct. I have an appeal because I wrote laid off due to no hours scheduled. I am being charged with fraud as well...help!


Asked on 5/20/04, 1:29 pm

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: Unemployment Appeal - willfull false statement

The EDD makes its decision with the information provided by the parties over the phone and by mail. If benefits have been denied because of an employer misrepresentation, you MUST bring witnesses to the hearing of the appeal to support your version of what happened. The California Unemployment Insurance Appeals Board generally will side with the employee in a close case, but you will need to prove that you did not engage in misconduct with clear testimony.

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Answered on 5/20/04, 3:37 pm


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