Our San Bernardino unemployment attorney at the Law Office of Cyrus Mor represents employees who are in need of assistance recovering their unemployment insurance benefits from the Employment Development Department (EDD).
Call our firm today free phone consultation at (800) 683-5404 for your potential unemployment appeal case.
If you have been or feel as though you will be denied unemployment by the EDD, the reasons for your denial will be stated on a notice you will receive in the mail which is called a Notice of Determination. The Notice of Determination might be challenging to understand if you haven’t been through the process before. Typically, people are denied based on California Unemployment Insurance Code Section 1256.
If you see code section 1256 listed on your Notice of Determination as a reason for your denial, you should contact our San Bernardino, California unemployment lawyer as soon as possible.
California Unemployment Code Section 1256 is primarily concerned with one major issue: how and why you’re most recent employment has come to an end. For an employee, best case scenario is that your most recent employment ended at the hands of your employer. If you employer ended your employment either by letting you go or terminating you, this would mean that your employer is the “moving party”. On the other hand, if you resigned from your job, you will be considered the “moving party” responsible for the separation. The former is definitely the better scenario to be in because it becomes extremely difficult to recover unemployment benefits if you quit your job.
If you were laid off or discharged by your employer, you will not be considered the “moving party” and therefore the burden of proof will be on your employer. What is the burden of proof? When you are discharged, your employer is obligated to prove that the discharge constitutes misconduct connected with the work. Essentially, your employer will need to show that you either (1) deliberately or intentionally disobeyed an instruction(s) or (2) that you were so careless or grossly negligent that you should have known that your action(s) could have injured your employer’s interests.
Our unemployment attorney in San Bernardino has represented numerous clients who were discharged by their employers. You should understand that your employer will likely be present at your appeal hearing. Your employer will be able to provide testimony as to why they feel as though you engaged in misconduct connected with the work. It attempting to prove this, you employer may bring both documentary and testimonial evidence (in the form of witnesses) to your hearing.
It is imperative to have an experienced representative with you at your EDD appeal hearing as your representative will have the opportunity to question both your employer and their witnesses. Careful questioning of the employer often times reveals that the employer was simply discharged because their performance was not up to par. One of the most common misconceptions among employers is that unsatisfactory performance can be used to show misconduct. However, misconduct requires deliberate or careless action rather than simply action that is not good enough.
Contact us today to find out more about how the Law office of Cyrus Mor can be of assistance to you.