CA - Disqualified for "dishonest act" (file, claim, EDD)

[spike1999]

Long story short- my wife's boss fired her for having a 2nd job. Her denial letter only states "dishonest act"- nothing more. Her other job is NOT against policy and the other job is in a completely different line of business/industry. She actually owns the other business. He direct supervisor even knew about the other job/business. He may also allege she was working for her 2nd job (time stealing) when she was suppose to be working for him. This is not true and he has no evidence of this outside of an email she sent from the wrong account. I guess he could say misuse of company equipment....On another note- there are also several employees that work there that have other jobs. She never had any warnings or any job performance issues of any kind.



By the way- we live in another state as does her employer- does she still have to appear in person?



With that said- what is the next step- what does she put down on her request for appeal form in the "Appellant statement".


Thanks in advance.

[Chyvan]

"The determination dated mm/dd/yy is wrong. I want an appeal hearing schedule." That gets you a hearing.

Did your wife say WHY she was fired or did the employer truly make trouble for her? Working a second job is NOT misconduct.

[spike1999]

Originally Posted by Chyvan

"The determination dated mm/dd/yy is wrong. I want an appeal hearing schedule." That gets you a hearing.

Did your wife say WHY she was fired or did the employer truly make trouble for her? Working a second job is NOT misconduct.

Okay thanks! In the phone interview with EDD- my wife told EDD she didn't know why she was fired, "I'm not sure- I didn't break any policies, maybe its for retaliation for taking my maternity leave- but he found out I owned a business.



Her Boss didn't really tell her other than she was fired



The employer/boss is nuts- he is only fighting this for spite..she just came off maternity leave so I am unsure if that is the reason or what.... She has never had any performance issues and never been accused of not completing her work or being late. He was mad because I refused to work for him. He has refused to pay her last paycheck and her earned vacation time and commissions. Needless to say- she filed wages claims on him for that and other unpaid expenses. She also requested copies of her personal file which he outright ignored. He probably knows he will eventually have to pay this and the other wage claims, but he is mad and just doesn't care.

[Creamer1]

Originally Posted by spike1999

Okay thanks! In the phone interview with EDD- my wife told EDD she didn't know why she was fired, "I'm not sure- I didn't break any policies, maybe its for retaliation for taking my maternity leave- but he found out I owned a business.



Her Boss didn't really tell her other than she was fired



The employer/boss is nuts- he is only fighting this for spite..she just came off maternity leave so I am unsure if that is the reason or what.... She has never had any performance issues and never been accused of not completing her work or being late. He was mad because I refused to work for him. He has refused to pay her last paycheck and her earned vacation time and commissions. Needless to say- she filed wages claims on him for that and other unpaid expenses. She also requested copies of her personal file which he outright ignored. He probably knows he will eventually have to pay this and the other wage claims, but he is mad and just doesn't care.

People like that entertain me.


In my case, it's whole other forums that don't know I'm on there But.. It's hilarious.. I need to be careful to not injure my stomach from how hard I laugh.


It's just too funny.

[spike1999]

Her boss should focus on new business and making money- not drawing the attention of state agencies and screwing a new mother out of her money. He will regret his poor decisions one day. Most of his employees are low wage/uneducated employees who just are afraid of him, his threats and they never pursue him. We are not.