Legal Question in Employment Law in California
Can I win in a ca edd appeal hearing if I was fired the day following a 2 week medical/pesonal leave for not calling in even though I tried to on the company Nextel which sometimes has no service .....and what kinds of things should I not say on the appeals form....I really need ny money to live on as its hard to find work....u might add my employer told edd that I voluntary quit by not correctly notifying them of my absence.....i tried and I asked to go to work they told me I'm not in the system anymore.sorry.iTts a shame when u can work at a company so long and they have power to screw You.WHERE ARE EE RIGHTS/?I THINK WE OUGHT TO GIVE THE EMPLOYER AN INTERVIEW!
3 Answers from Attorneys
CA is an 'at will' employment state so unless you were fired because you are a member of a 'protected class' (such as disabled, minority, age, sex, religious belief) or have an enforceable employment contract, employers can fire you for any reason.
Unless it was a required company policy that you contact your employer through the company Nextel phone you should have called them on a regular phone when the Nextel didn't work. Since you were a 'no call, no show' you did voluntarily quit- you voluntarily acted in a way which is construed as leaving your job.
You should be honest on the EDD Appeal form. I can't advise you to lie or make misleading statements in order to win your appeal.
Good Luck!
Dawn R. VanHorn
Attorney & Counselor at Law
VanHorn Legal
(714) 396-4152
www.VanHornLegal.com
The foregoing has been written by Dawn R. VanHorn, Attorney & Counselor at Law. If the designated recipient(s) of this communication have not fully executed a retainer agreement engaging Dawn R. VanHorn and/or VanHorn Legal relating to the subject(s) of this electronic message nothing herein constitutes nor is intended to be legal advice and as a result should not be relied upon as such.
With respect to whether you can win your EDD appeal, at the hearing you and your employer will have an opportunity to present your respective sides, and the judge will decide whether or not you are eligible for benefits. Irrespective of whether you can get EDD benefits, however, you may want to speak to an attorney about a possible CFRA/FMLA or disability discrimination case. If you did everything you were supposed to do to try to let the employer know you needed to extend your leave (e.g sent in a medical certification, etc.), and you believe your employer may have fired you to get rid of you because you took a medical leave, I would strongly advise you to contact an attorney right away. Feel free to call our office at 213-536-4236 for a free consultation.
You won't know until and unless you try. You have nothing to lose by appealing. If you can convince the appeal hearing officer this was not 'misconduct', then you should get benefits.
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