Unfair Dismissal Appeal Hearing

Summary

The user was accused of theft and suspended from work without any formal communication or evidence provided by the employer. The user filed for unemployment and was approved twice by EDD, but the employer is appealing. The user has a hearing scheduled for November 2023. The user was not provided with any specific details about the alleged theft, only an amount of $289.65. The user has not received any communication from the employer since the day of suspension. The user is considering seeking legal representation for the upcoming hearing.

Full Conversation

I was accused of theft but never was told one item. i was suspended pending investigation. Since that day i was never contacted in any way, email, physical mail, phone call, voice mail nothing. i filed unemployment it was determined two times by EDD that they didnt find that they had reason to fire me. now they are still appealing and have a phone hearing nov *
****, did you receive any formal written notice of your suspension or termination from your employer?
In Idaho, employers generally have broad discretion to terminate employees, but they must follow due process.
No, nothing not even a copy of my statement
In Idaho, employers are typically required to provide a written notice of termination. Have you considered seeking legal advice on this matter?
i am not located in Idaho. I live in California
I see, you're in California. Did your employer provide you with a written notice of termination as required by California law?
No
In California, employers are not required to provide written notice of termination. However, they must provide final pay and any accrued vacation time.
Yes i was paid
Did you receive all your accrued vacation pay along with your final paycheck? In California, employers are required to pay out all accrued vacation time at termination.
yes
That's good to hear, ****. Is there anything else I can assist you with regarding your legal issue?
yes
What other legal issue can I assist you with, ****?
what information should i have at the hearing
For your hearing, you should have:
- Any relevant documents (emails, letters, etc.)
- Dates and details of the incident
- Your unemployment claim details
- Any evidence supporting your case.
Is there anything else I can assist you with?
what happens? EDD already did their investigation and determined it two times
If EDD has already determined your case twice, it's likely they'll uphold their decision. However, the appeal hearing is a chance for both parties to present evidence.
I was never told what they say i stole
Did you ask your employer for a detailed reason for your termination? In Idaho, while not mandatory, it's generally good practice for employers to provide this.
yes i contacted corp HR and never got any explanation. EDD sent me the packet for the hearing and statements and documents in my file. but my employer never provided it to me
Did you receive any written communication from your employer regarding the theft accusation?
no
What was the last communication you had with your employer regarding this issue?
there is an amount listed but never any items
What is the amount that is listed and where is it mentioned?
*.*
What document mentions the amount $*.*?
the paperwork that EDD sent me that they got from my employer. the info i requested but did not recieve
What specific information did you request from your employer that you did not receive?
My employer did NOT provide me anything. NOT ONE THING.
Did you have any witnesses or any form of evidence that could support your claim during the incident?
I dont even know what they are talking about. no details no itemized anything all was assummed
What was the date of the incident for which you were accused?
Nov *.
What was the last day you worked before the suspension?
*-*-*--
What was your position and how long had you been working there before the incident?
Dec 14th *
What was your job role and how long were you employed there before the incident occurred?
i was never asked anything specific all leading questions
What was your job role and how long were you employed there before the incident occurred?
7 months
What was your job role during your employment?
Customer Service Assoc
What were your responsibilities as a Customer Service Associate?
I was the fulltime closer for the tool and hardware department
Did you have access to the inventory or cash register as part of your role in the tool and hardware department?
never any issue with my performance
Did you have any previous disciplinary actions or warnings prior to this incident?
never warned or written up
Did you have any disagreements or conflicts with your colleagues or superiors prior to this incident?
no
What was the date of your last communication with your employer?
that day i was sent home suspended *-*-*
What was the nature of the communication on the day you were sent home?
they took me into a room and questioned me i was not given a single piece of paper
Did they inform you of your rights before questioning you? In Idaho, it's generally required to inform employees of their rights before any formal questioning related to disciplinary actions.
what rights?
In Idaho, during an investigation, employees have the right to:
- Be informed of the allegations against them
- Be given an opportunity to respond
- Be treated fairly and without discrimination.
nothing was specific mentioned. only *.*
What does the amount $*.* represent according to the paperwork you received from EDD?
they showed me pictures of me working but i was not doing anything wrong. I was pushing a cart after assisting a customer. I explained the photo
What was the context or explanation given for these pictures by your employer?
there is only an amount, never a specific item
What was the context or explanation given for the amount $*.* by your employer?
they dont
What was the context or explanation given for the amount $*.* in the paperwork you received from EDD?
they say that i caused a loss to the company in that amount. nothing more
What evidence does your employer have to prove that you caused a loss to the company? In Idaho, employers must provide substantial evidence to support their claims.
they never said
What was the date of your last communication with your employer?
i wasnt shown or told anything
I'm sorry to hear about your situation. Can you tell me if you have any legal representation for your upcoming hearing?
no oi do not
Would you like assistance in finding a legal representative for your upcoming hearing?
you feel i have a case
Based on the information you've provided, it seems you may have a case. However, it's crucial to consult with a legal professional for a thorough evaluation.