My former employer gave me a letter for my termination stated that I was being terminated for unacceptable job performance and that on April 26th, 2012, I again notified my supervisor that I would be unable to show up for my regular shift. The reason for me for not showing up for that day is because of my loss of transportation and I did notify my employer and they gave me the okay. What are my chances of winning my appeal and what can I do to have the judge rule in my favor?
You may be able to win the appeals hearing even though there are facts working against you.
If you do not anticipate securing another job right away and will not be able to pay your bills by other means, you should consider hiring a skilled employment attorney to represent you at the hearing. Many attorneys do these hearings on a fixed fee basis. And claimants with legal representation at these hearings are more likely to prevail and thereby secure unemployment benefits than those without it. (There are no guarantees, of course.)
If you do not hire an attorney, come to the appeals hearing as prepared as possible. To prepare, you should refer to your Notice of Hearing to see which sections of the California Unemployment Insurance Code (UIC) are implicated in your matter. In your case, it appears that you were discharged for alleged misconduct based in part on your supposed unsatisfactory work performance. This charge implicates California Unemployment Insurance Code (UIC) § 1256 and Title 22, § 1256-38 of the California Code of Regulations (CCR). Take a look at both of these, and especially the CCR section. (You may access the CCR at
http://www.oal.ca.gov/ccr.htm
.) In essence, if you can show that your perceived unsatisfactory work performance was not intentional and not the result of your repeated failure to abide by your employer’s instructions, policies, or prior warnings, then you may be able to win the appeals hearing and qualify for benefits.
Aside from the above, you should know that the local office of the California Unemployment Insurance Appeals Board (CUIAB) usually makes available for review the entire appeals file a few days prior to the hearing. The file contains information submitted by you and your former employer in support of the eligibility decision. And, with identification, you may request copies of the file; the copies are made on-site and are yours. As you can imagine, knowing what the employer has submitted in opposition to your claim for unemployment benefits will help you better prepare for the hearing.
Best of luck in your matter!
Your chances are not very good. To improve your chances of winning, you can study the EDD's guidelines regarding "misconduct" which includes absence as a ground for denying your eligibility for unemployment benefits.
See:
http://www.edd.ca.gov/UIBDG/Misconduct_-_Table_...
It is difficult for any of us to assess your chances at prevailing at your EDD appeal hearing without having all the facts. Call employment attorneys in your area and find out if any represent employees at EDD hearings. If you can afford an attorney, be honest with him/her and allow them to walk you through the process. If you cannot afford an attorney, do as both of my colleagues suggested: study "misconduct" under the EDD guidelines and be as prepared as possible to state your case. Be honest and respectful to the Administrative Law Judge. The Judge will ask direct questions. S/he knows what information s/he needs to make a decision on whether you will be eligible for Unemployment Insurance Benefits. Good luck to you.
