by lisa
(pomona)
Sent lawyer’s letter to employer regarding child appointment with doctor that was ordered by the children’s court. I also requested time off. The 1 day off was never “officially” approved. However was verbally approved. The week before the appointment, I was told that they would not grant me the day off. They told me that if I don’t show up on monday, I shouldn’t show up at all. I told them I will show up because i do not want to lose the job, even if i will be in contempt of court. The appointment was on monday. by friday they hired a new person and I was asked to sit at an empty desk without any duties. Then I was asked to leave at 4:30 pm, which my work day was 9-6pm. I was denied unemployment for misconduct. The denial letter said that I was absent without permission. and referenced section 1256 and 1260A
Hi Lisa,
You’ve got to be kidding me!! I, for the life of me cannot figure out why you were denied if you related to the department exactly what you told me.
I suggest you read the CA determination guide, gather up all your legal documentation including court orders and letter from the lawyer which you submitted and send it along with your appeal .. maybe they’ll forgo the appeal and issue a redetermination allowing benefits.
Being absent from work because you are complying with a court order is a compelling and legitimate reason for absence .. and you opted to go to work .. go figure!!