What to do if my unemplyment claim was denied based on my employer claiming alleged misconduct?

UPDATED: Sep 24, 2012

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What to do if my unemplyment claim was denied based on my employer claiming alleged misconduct?

They say they received letters complaing about my performance. I was never shown the letters, told what the specific complaints were, was never asked about the complaints or “my side of the story” was offered a contract for the school year, which was signed and accepted, I received an “excellent” on my recent performance eval, I was never on probabtion or anything of the sort, and I have filed an appeal. How can I be denied benefits? Doesn’t there have to be some kind of “due process?”

Asked on September 24, 2012 under Employment Labor Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you claim for unemployment benefits was denied based upon a finding of "employee misconduct" under the laws of all states in this country you have a certain amount of time to file an appeal as to the unfavorable determination against you.

I suggest that you immediately go to your unemployment office and file an appeal of the adverse decision agsinst you before you are time barred from doing so.

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