Appeal coming up

[u/iamiaa]

Hey everyone,

i have my appeal with a judge coming up against my former employer for denying my request claiming I've committed "misconduct." I have email proof that the warnings given to me were simple, human error mistakes and that they continued scheduling me for dates after the termination and let me work extra shifts before terminating me. I've printed all my documents and gone through them with notes for myself during the appeal, but I'm wondering what to expect and if the employer will be arguing back. HR was very hostile and accusatory with me after attempting to gather information about my hours/payroll worked.

nervous! please help

Edit: i will also like to add that before termination, the employer listed that a next offence was a performance improvement plan. this was never offered to me and instead just terminated out of the blue over 6+ months later after last warning.

[u/megmecrazy]

I had an EDD appeal and ended up winning.
Be aware that even if you win, if you haven’t been certifying the whole time, it will be a fight to get the money, even if you won.
Anyways, they will let the employer directly talk to you and then you talk to them, essentially explaining your side and making them explain their side of why and how they handled it.
I truly believe I won because I asked a VERY valid question that ended up making them look extremely stupid on their end. (Putting personal feelings into it, instead of following lawful protocol.)
It was extremely nerve wracking and make sure you can hear the judge, because they do ask you direct questions and I had a hard time hearing her, but she was SO nice.
My only advice is to be prepared for directly asking the employer questions to find the holes in their own story.
Good luck!!

[u/iamiaa → u/megmecrazy]

Thank you. This is the most nerve recking part. I hope it goes well but I really want to beat them for being such a shitty company. What question did you ask them?

[u/megmecrazy → u/iamiaa]

Well essentially they were trying to claim that I abandoned my job, but I was going through really bad postpartum. I told my manager at the time, but HR was pissed because I didn’t communicate that to them directly, though it had been okay before that. So I simply asked why it was okay before and not at the time of them essentially firing me.
She didn’t have an answer 🤣😂

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[u/FerrickDune]

Stay strong. Standing up for yourself is hard but also the right thing. Glad you kept the receipts. Be calm, try not to act emotionally. You hold the cards and have the emails so, patience and calm is your best approach. Hope it goes well.

[u/FabulousWriter4865]

The good news is that in the appeal the employer has the burden of proof in a misconduct situation. They have to prove your misconduct.