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Employment Law/company appealing edd award


I was released from my employer after only 6months of work .they said I was being released cause I was unable to work at their level of standards as a truck driver .terminal mgr's exact words were I leave at the same time as other drivers leave but I arrive 45 mins later.that was his eample of my wronging .so im collecting unemployment and the company is appealing my award reason being that I went off route on some random day . I had no choice the freeway traffic was at a dead stop and I didn't want to sit a wait so I went around which I went of the normal route no more then 10mins company claims I was discharged for stealing cause I was trying to add hours to my day for extra pay .this is wrong what do I do ...thanks so much for your time! curtis

Curtis - All you can do is to attend the hearing and present your side of the story.  If the issue is your inability to perform the job duties to their satisfaction, you would probably be eligible for UC benefits, because that isn't considered "cause" for leaving the job.  However, filing falsified time records is a valid reason for termination and denial of unemployment.  If the altered route occurred on only one day, you may be successful, but if it occurred frequently, and others had no trouble being back on time, you are less likely to prevail.

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Margaret M. deMarteleire


I can answer most questions about employment law, federal or state. I am an attorney, not an HR professional, so questions about HR careers, coursework, prospects, etc. are not within my scope.


Attorney for 20 years, currently working exclusively with employment law - FLSA, FMLA, federal contracts, pay, etc.

Temple University School of Liberal Arts, BA, Rhetoric & Communication, 1982 Temple University School of Law, JD, 1990 Certificate in HR, Cornell University ILR School, 2006

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