Someone helpppp!!!!!! (file, receive, claim, payment)

[bleon89]

i recently lost my job at a bank, according to them for force balancing. but the thing is that the night before balancing i had counted my drawer twice and the first time i came up 120 dollars over but the second time i came up 20 dollars over, and by this time there was not enough time for me to count a third time, plus my managers are kind of rude when you cant balance and say rude things like "Get your head out of your ass". anyways, the following day, my manager was going to surprise count me and of course the other 100 dollars that i was over appeared. after about two weeks, they terminated me unvoluntarily. i tried applying for EDD and they say that i am not eligible for it but i can appeal
my main concern is how to make a strong valid appeal.
- i have a daughter that i am raising
- i am currently trying to legalize my husbands residency (which is expensive and he does not make alot of money)
- and in addition i am currently under the treatment of my psychologist.
should i state any of that on my claim?

[Ariadne22]

Originally Posted by bleon89

my main concern is how to make a strong valid appeal.
- i have a daughter that i am raising
- i am currently trying to legalize my husbands residency (which is expensive and he does not make alot of money)
- and in addition i am currently under the treatment of my psychologist.
should i state any of that on my claim?

Of course, NOT.

CA makes its decision on its definitions of misconduct which are in no way affected by your personal circumstances. Because money was involved, the interviewer couldn't make a decision and automatically denied. This denial is not the final word.

If you want to irritate the ALJ, derail focus on whether or not your errors were wilful, causing your employer harm, whether there was a pattern of these errors, whether you had been warned, by all means - have at it and talk about why you REALLY need the money. At that point, you will have lost all credibility.

Instead, focus on the one-time incident, as a one-time incident, it did not cause your employer serious harm, you did the best job you could under the circumstances.

CA ALJ's are very flexible. If you present your defense in a factual, sensible, credible manner, focusing on the issue at-hand, the denial of benefits should be overturned, especially if this was a one-time occurrence.

If you have further questions, post the actual decision language in your letter of denial, so we know the reasoning behind the decision.

[Chyvan]

Also, go view the file before your hearing. It may be that because you used the words "forced balanced" that you did this to yourself. Your employer may have fired you because you were just too slow so make sure you know whether you are fighting yourself or your employer.

[key2success]

Listen to them. They know!

[bleon89]

my decision letter stated the following:
"YOU ARE NOT ELIGIBLE TO RECEIVE BENEFITS UNDER CALIFORNIA UNEMPLOYMENT INSURANCE CODE SECTION 1256 BEGINNING 07/20/2014 AND CONTINUING UNTIL YOU RETURN TO WORK AFTER THE DISQUALIFICATION ACT AND EARN $2030 OR MORE IN YOUR BONA FIDE EMPLOYMENT, AND YOU CONTACT THE ABOVE OFFICE TO REOPEN YOUR CLAIM.
YOU WERE DISCHARGED FROM YOUR LAST JOB WITH XXXXXX BECAUSE YOU BROKE A REASONABLE EMPLOYER RULE REGARDING THE HANDLING OF EMPLOYER MONEY. AFTER CONSIDERING THE AVAILABLE INFORMATION, THE DEPARTMENT FINDS THAT YOU DO NOT MEET LEGAL REQUIREMENTS FOR PAYMENT OF BENEFITS"
and when my manager told me i was being let go that was the reason she gave me. plus i never took any money (my drawer was not short of money), it was the contrary i had 100 dollars over in my drawer.

[Ariadne22]

One-time occurrence of a rules violation is usually forgiven in CA. Keep emphasizing that it happened only one time, time pressure forced this event, and you had no previous warnings, no harm to employer ($100 over, not under).