How do you win an unemployment appeal in California?

How do you win an unemployment appeal in California?

• I was fired from my job last July, while out on disability leave. The reason given was "employee misconduct". I did make a mistake. I had a temporary lapse in judgment and although it maybe should have resulted in some kind of discipline, it certainly shouldn't have been grounds for termination. I'd had no prior disciplinary actions and actually had glowing reviews for the 3 years I was employed. I'm convinced that I was fired due to being out on disability and the employer's desire to cut expenses. My unemployment claim was denied and now i am appealing. What is it that the judge is looking for when hearing an appeal? What would be my best strategy to win the appeal?

• Answer:

  There really is no strategy involved except for you to say they are using this minor incident as an excuse to fire you for being on medical leave. You were on FMLA leave right? If not, there are no laws requiring an employer to grant "disability leave" if doing so puts the business under pressure. Employers are required to make reasonable accommodations in scheduling for people with covered disabilities. I will assume your disability is a covered disability in that it has been diagnosed by a physician and "substantially limits one or more MAJOR life activities" as defined by the ADA. If it is, your employer is required to make accommodations to your schedule IF AND ONLY IF it does not put strain on the business for you to be absent. If you hold an important position at your business in which your absence causes the business to struggle, your employer is NOT required to grant you protected leave for your disability. So, in conclusion, if you were granted FMLA OR you were granted leave for your disability that did not strain the company, it is up to a judge to decide if your "temporary lapse in judgment" was serious enough to bring about your termination. If he rules that it was grounds for termination, you will not draw unemployment. Just curious- if you have a disability that prevents you from working, why do you need unemployment? Aren't you drawing a disability check?