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Will losing an appeal cause me any legal issue in the future or show on my public record?

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Will losing an appeal cause me any legal issue in the future or show on my public record?

Post by FightTilTheEnd on Wed Jul 25, 2012 2:09 am


I was recently terminated in California, because obviously my previous employer found me more expensive than his new replacement(she was in 3 days after I was terminated) and I refused to be transferred to another department when he proposed it to me. On the day of discharge, I was told I could choose to "voluntary resign" or to be "terminated". The catch was, if I choose resign he would be willing to give good references on my future jobs and say good things about me if the future company's HR are going to call(BTW he is the CFO of the company, as well as the husband of the president, he is also the HR manager...and he was the one that noticed me of termination).

Anyways, at first I chose to be terminated, because I was not sure how long I was gonna be out of work since the economy now is really bad. So when I left the company I was actually marked as terminated on their notice of change in employment status. After two weeks I was actually able to get a job at a much bigger and better company and with help from previous managers(not the boss husband, HR manager.) as references. When I found out that they are going to run a final background check on me, I was a bit nervous since my current job, has a vast resource on checking new hires and btw I am only on my second week of three months probation, and they were going to run a background check on me even they have already contacted my previous managers(avoided the CFO/HR manager). On the report, it stated they will pull all sorts of records including contacting my previous employer and salary history etc.

Due to personal panic, I actually called the CFO/HR manager and told him that I am in the process of getting another job and explained that it would be great if he is willing to put a few Unbiased opinions about me(I was actually a performer) and if it was possible for him to say if I was not actually terminated. He then proposed that it would still be possible if I go in and change my "notice of change" from terminated to voluntary resign. So in fear of losing my current job, I went back into his office and signed the "notice of change" to "resigned" and backdated to the same date that I was terminated(please note I was already terminated for more than 2 weeks at that point but he asked me to backdated it because that was the day that I actually left the company.) I also explained to him that I only claimed two weeks of unemployment benefits and I am not going to continue. He said don't worry he will take care of it.

Two days after I signed the paper, I received a copy of the background check from my new job, and it states that I am basically clear, and they did not even contact my previous employers. Only thing that was verified was education and criminal/felony background check. But since my current job is located at a different county, it's going to take them longer to pull records from new job's county(since I have never lived here and they need more time to investigate) to make sure I am clear of any kind of COURT records, which they won't complete the investigation until August 13rd, 2012. One week after this, EDD sent me couple letters stating that my previous employer is appealing to my claim(I was already interviewed and rewarded for the first 2 weeks of unemployment at this point but I have not withdraw the money from the debit card yet).

Anyways, my question now is that, I really do not wish to fight this case since I have a new job already and I do not wish to do anything that would jeopardize me passing the probation. I am required to show up to a hearing IN PERSON in August 1st, which is prior to the background check company closing my investigation. If I lose the appeal will I get into any kind of legal troubles? Since my previous employer stated on his appeal that I was voluntary resigned 4 weeks ago. Will this label me as a liar? Will the law judge look at me as a criminal that trying to cheat EDD? If I lose the appeal will it show up on the county court record? BTW I didn't tell my current employer about my termination, I put down I was relocating thus why I left my previous job. I am also confident that I will pass the three month probation since my current manager is very satisfied with my performance.

I know I can win the appeal if I choose to since I have an e-mail of the HR manager sent to all the managers stating that I was TERMINATED and a new replacement will be in three days after. But I really do not wish to make a big fuse out of this and just want a peaceful way out that won't affect my current employment.


FightTilTheEnd
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Re: Will losing an appeal cause me any legal issue in the future or show on my public record?

Post by Guest on Wed Jul 25, 2012 7:06 am

Are you sure you have to attend the appeal? In most states, if you, or the employer, don't appear, the other side wins by default. These hearings are usually held at the unemployment office and conducted by a referee, not a judge. Unless there is fraud involved on your part, this will not show up on any background check. The only way your new employer would find out is if your old employer contacted them. There are too many legal ramifications if they did that. You should have no problem.

Guest
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Re: Will losing an appeal cause me any legal issue in the future or show on my public record?

Post by Guest on Wed Jul 25, 2012 9:20 am

Fight til the End, so sorry to hear of your troubles. Congratulations on finding a new job. It's great news. If you don't have a start date, I would attend the meeting, as desperateinri stated, it's not a judge it's a referee and go from there. If your background check takes longer and they can take time, you may need to make one or two claims to hold you over. This is State UC Board, not a civil court so it would not appear on your records.

We all wish you luck, please check in and let us know how you make out.

Guest
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Re: Will losing an appeal cause me any legal issue in the future or show on my public record?

Post by FightTilTheEnd on Wed Jul 25, 2012 5:47 pm

Thanks for the input guys! On my letter it actually said LAW JUDGE xyz, I don't know why. Since I moved to a different county, my previous employer was allowed to appear by phone , while I need to appear in person. I will be working on August 1st, but I am not sure if I should fight it and make it more complicated, the only thing that I really worry about is, if I do not show up and my previous employer wins, will I be labeled as a fraud ? I think it's however, hosted at the local office but not a court.

Also on the letter it said it's going to go over two things.

1. Did the employee actually violate any company policy or misconduct on anything. Was the employee actually resign or terminate?

2. Will the employer held responsible for any EDD payments.

I do not have the letter with me at the moment but the idea is similar to above.

FightTilTheEnd
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Re: Will losing an appeal cause me any legal issue in the future or show on my public record?

Post by Guest on Thu Jul 26, 2012 9:15 am

Fight,

You won't be labeled as a fraud. Unemployment allow you to dispute and request a hearing. That's what you have done. In the meantime you have secured a new position which makes you ineligible to claim except for the weeks you were unemployed.

If you wish, you can send a letter to your UC office, at the address where you were to report, explain you have secured a new position and don't wish to challenge their findings. You should document in detail what took place and when. What you have posted above is a good lesson for all, if you are being laid off, downsized etc, do not sign voluntary resignation papers. They can keep you from claiming UC benefits. It is tough to prove you were coerced into signing anything, it's their word against yours. It's not legal for them to do it, but it's tough to prove if your signature appears on paperwork.

Good luck, please let us know how your new job is going and again, Congratulations.

Guest
Guest


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Re: Will losing an appeal cause me any legal issue in the future or show on my public record?

Post by MarilynL on Thu Jul 26, 2012 12:31 pm

I don't have any knowledge of the legal issues this would involve...however, I am always one of honesty, and getting the truth out. Did your past employer give you a reason why they wanted to transfer you to another dept? If your history there was good with them, and they have no history of discplenary actions against you, no formal complaints that were filed in your personnel folder, then they really have nothing to stand on for wanting to transfer you, except for one reason...they wanted to and they could do it. You do have the e-mail stating that you were terminated...you can use this for your defense if you are accused of accepting unemployment as a voluntary quit.

Also, usually unemployment court is sitting in one of the rooms at the unemployment office, with someone hearing the case. I've been there myself, when one of my previous employers fired a girl in the dept. I managed, and she tried to appeal our denial of coverage.

But if they think you created fraud...I'd go to the court, and tell the whole story. Unfortunately you may never be able to use that company as a reference again.


MarilynL
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Re: Will losing an appeal cause me any legal issue in the future or show on my public record?

Post by elvis44102 on Fri Jul 27, 2012 5:17 pm

unemployment is a CIVIL matter not criminal, any finding one way or another has no effect on a "criminal" record.

elvis44102
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Re: Will losing an appeal cause me any legal issue in the future or show on my public record?

Post by FightTilTheEnd on Mon Jul 30, 2012 1:42 pm

I called my local appeal office this morning, and they are not very helpful. I am guessing it might be just a contracted arbitration service? Oh my case, there is actually a administrative law judge, and EDD will appear on phone and so is my employer and I am required to show up in person.

Also my previous employer actually called(I didn't pick up) me last Friday and left me a message. He was "checking" how am I doing and have I found a job yet? He also wants me to give him a call back. Well, TBH I really find it kind of strange how he is trying so hard to reach me, since before this I e-mailed him twice /w some questions but he has never replied back. I am not sure if I should call him back, since he is probably going to ask me to "co-op" on the hearing.

Also during the day of hearing, I am thinking I should state that I was discharged from the job and later on was offered the opportunity to change to resigned for reference purpose and both party mutually agreed on the terms? I think at least this way it doesn't seem like I am the one who's trying to trick EDD and cheat off my employer.

FightTilTheEnd
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Join date : 2012-07-25

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Re: Will losing an appeal cause me any legal issue in the future or show on my public record?

Post by Guest on Mon Jul 30, 2012 1:55 pm

Call your former employer back so there can be nothing used against you. Make it short and sweet. You don't have to provide them with any info.

Tell the truth at the hearing!

You will be fine. Good luck!

Guest
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Re: Will losing an appeal cause me any legal issue in the future or show on my public record?

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