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      CommentAuthoradmin
    • CommentTimeJul 1st 2008 edited
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    After being fired from Fry's for being the owner of the site and removing the content of the site Fry's Electronics Inc decided to deny my unemployment.  
     
    I WAS NOT DISPARAGING FRY'S ELECTRONICS INC IF ANYTHING I WAS COOPERATING WITH THEM AND I REMOVED WHAT THEY ARE COMPLAINING ABOUT. I ALSO CAN NOT BE HELD RESPONSIBLE FOR THE CONTENT PUBLISHED BY OTHER USERS.  
     
    According to the California EDD I was denied unemployment because:  
     
    Check out the statement below or CLICK HERE TO VIEW THE SCANNED PDF FILE  
     
     
    "YOU ARE NOT ELIGIBLE TO RECIEVE BENEFITS UNDER CALIFORNIA UNEMPLOYMENT INSURANCE CODE SECTION 1256 BEGINNING 06/08/08 AND CONTINUING UNTILL YOU RETURN TO WORK AFTER THE DISQUALIFYING ACT AND EAR $1905.00 OR MORE IN BOND FIDE EMPLOYMENT, AND YOU CONTACT THE ABOVE OFFICE TO REOPEN YOUR CLAIM.  
     
    YOU WERE DISCHARGED FROM YOUR LAST JOB WITH FRY'S ELECTRONICS, INC. BECAUSE YOU MADE DISPARAGING REMARKS ABOUT YOUR EMPLOYER. AFTER CONSIDERING HTE AVAILABLE INFORMATION, THE DEPARTMENT FINDS YOU DO NOT MEET THE LEGAL REQUIREMENTS FOR PAYMENT OF BENIFITS. SECTION 1256 PROVIDES - AN INDIVIDUAL IS DISQUALIFIED IF THE DEPARTMENT FINDS HE VOLUNTARILY QUIT HIS MOST RECENT WORK WITHOUT GOOD CAUSE OR WAS DISCHARGED FOR MISCONDUCT FROM HIS MOST RECENT WORK. SECTION 1260A PROVIDES - AN INDIVIDUAL DISQUALIFIED UNDER SECTION 1256 IS DISQUALIFIED UNTIL HE/SHE, SUBSEQUENT TO THE DISQUALIFYING ACT, PERFORMS SERVIES IN BONA FIDE EMPLOYMENT FOR WHICH HE/SHE RECIEVES REMUNERATION EQUAL TO OR IN EXCESS OF FIVE TIMES HIS OR HER WEEKLY BENEFIT AMOUNT."Contact Me: admin@frysforum.com [FrysForum Administration Group]
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      CommentAuthorAyaHu
    • CommentTimeJul 1st 2008
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    THOSE BASTARDS!Superhero!
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      CommentAuthorSasquatch
    • CommentTimeJul 1st 2008
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    That's fucked up. Do they have an appeal system?
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      CommentAuthoradmin
    • CommentTimeJul 1st 2008
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    I am going to appeal this decision. It says that I must go to a hearing procedure and a judge will decide the outcome. Anyone want to come to my hearing?Contact Me: admin@frysforum.com [FrysForum Administration Group]
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      CommentAuthorasdf
    • CommentTimeJul 1st 2008
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    Can they prove misconduct at work?
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      CommentAuthorSasquatch
    • CommentTimeJul 1st 2008
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    admin:I am going to appeal this decision. It says that I must go to a hearing procedure and a judge will decide the outcome. Anyone want to come to my hearing?
     
     
    If I lived in Cali, I'd be there.
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      CommentAuthorAyaHu
    • CommentTimeJul 1st 2008
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    If I lived in Cali Id be there too. With pompoms.Superhero!
  2.  permalink
    AyaHu:If I lived in Cali Id be there too. With pompoms.
     
    And I would be there with my Nikon D50. :)  
     
    What do you mean by "come to my hearing"? The only time I've been to a courtroom is for jury duty and I decided to not do it because I was busy with a vacation.Regular Member
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      CommentAuthoradmin
    • CommentTimeJul 1st 2008
     permalink
    I am officially appealing the denial of my unemployment benifits and going to the hearing.  
     
    Read my appeal notice here:  
     
    CLICK HERE TO READ APPEAL NOTICEContact Me: admin@frysforum.com [FrysForum Administration Group]
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      CommentAuthorel deablo
    • CommentTimeJul 2nd 2008
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    your last name is ponce?  
    as in mr. and mr. jose ponce
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      CommentAuthorel deablo
    • CommentTimeJul 2nd 2008
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    i cant belive luis left paul for jose  
    guess pauls ass hole started gettin a little to loose
  3.  permalink
    No Homo
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      CommentAuthorfrys_slave
    • CommentTimeJul 2nd 2008 edited
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    Sounds like Fry's denied you unemployment, or they didn't want to pay their share of your unemployment benefits. What a bitch ass company to treat us employees like this.
  4.  permalink
    Knowing Fry's they will probably not send a representative to the appeal hearing. I remember I appealed my denial and got benefits out of Fry's. If Fry's doesn't show up there is a pretty good chance that you will win. You will simply request that their evidence be excluded and generally speaking since there is no one to object their evidence will be removed from consideration and provided that you provide evidence for your side of the story the administrative law judge will probably take your side.  
     
    IANAL, but in most cases that an employee appeals a denial for unemployment it probably isn't worth Fry's even showing up because sending an employment attorney to the hearings will cost them money either way whether they win or lose. Unless the money involved is significant and they think their case to deny you payment is airtight they probably would just hope that you don't have any evidence for your case. If you present squat to them you can still lose even if Fry's doesn't show up.  
     
    I would do my HW and look through the various judicial precedents for the unemployment appeals board off of the internet and have one or more precedents that you can point to that are similar to your case that would help you win. You don't need an attorney for this, but a couple hours online poking around would be worth the unemployment checks that you could collect. In the current economy depending upon your skills and experience it might take you a few weeks to a few months to find a new job.
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      CommentAuthorSasquatch
    • CommentTimeJul 5th 2008
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    "Knowing Fry's they will probably not send a representative to the appeal hearing."  
     
    Good point.
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      CommentAuthorman
    • CommentTimeJul 5th 2008
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    Former_Frys_geek:Knowing Fry's they will probably not send a representative to the appeal hearing. I remember I appealed my denial and got benefits out of Fry's. If Fry's doesn't show up there is a pretty good chance that you will win. You will simply request that their evidence be excluded and generally speaking since there is no one to object their evidence will be removed from consideration and provided that you provide evidence for your side of the story the administrative law judge will probably take your side.  
     
    IANAL, but in most cases that an employee appeals a denial for unemployment it probably isn't worth Fry's even showing up because sending an employment attorney to the hearings will cost them money either way whether they win or lose. Unless the money involved is significant and they think their case to deny you payment is airtight they probably would just hope that you don't have any evidence for your case. If you present squat to them you can still lose even if Fry's doesn't show up.  
     
    I would do my HW and look through the various judicial precedents for the unemployment appeals board off of the internet and have one or more precedents that you can point to that are similar to your case that would help you win. You don't need an attorney for this, but a couple hours online poking around would be worth the unemployment checks that you could collect. In the current economy depending upon your skills and experience it might take you a few weeks to a few months to find a new job.
    Sasquatch:"Knowing Fry's they will probably not send a representative to the appeal hearing."  
     
    Good point.
     
     
    These are great ideas. The other thing is that when you do go to court is to sound completely sane.
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      CommentAuthorAyaHu
    • CommentTimeJul 5th 2008
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    I dont understand that last comment,are you telling him to try and sound completely sane when he goes to court? Or are you saying something else....Superhero!
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      CommentAuthorMacIas
    • CommentTimeJul 5th 2008
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    I am perfectly Sane. I don't have any weapons and all I want is justice.aka Luis - FrysForum Administration Group
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      CommentAuthorV
    • CommentTimeJul 9th 2008
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    It sad to see a big company deny one persons wages when the company makes millions this will only make them look bad in the end at you court I would mention that they can't hold you responsible for the topics and discussion on the site.I belive in Justice ... I will serve it if needed
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      CommentAuthorAyaHu
    • CommentTimeJul 9th 2008
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    Damn straight, they are goddamn cheapskates. Take em down!!!!Superhero!
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      CommentAuthorMacIas
    • CommentTimeJul 11th 2008
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    I got a notice saying that the EDD has recieved my appeal request and that I should have an appointment for the court date soon.  
    I also found out that Fry's Electronics, Inc. has untill July 16, 2008 to respond to my charge against them with the National Labor Relations Board which if you remember they asked for an extension. Looks like things are moving along.aka Luis - FrysForum Administration Group
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      CommentAuthorAyaHu
    • CommentTimeJul 11th 2008
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    GOOD LUCK!Superhero!
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      CommentAuthorLiana Mei
    • CommentTimeJun 23rd 2009
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    Not to bring up a ghost thread or anything, but how did it go?
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      CommentAuthorSasquatch
    • CommentTimeJun 23rd 2009
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    Wiggles ears.
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      CommentAuthorGuest 5199
    • CommentTimeJun 24th 2010
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    Its has been a year, I am going though the same thing. Please let usGuest know what happened
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      CommentAuthorObiWan
    • CommentTimeJun 24th 2010
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    You mean that you got canned by Fry's also, have filed for unemployment, and are being denied because Fry's says you were fired for cause?  
     
    Having been through that once in my life, one of the things I learned was to keep good documentation of what an employer does. That is, keep copies of all written reviews, notes, etc., document all conversations with the date, time and description of the discussion. That way, you can document why you believe your being dismissed was without cause.
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      CommentAuthorLegend11
    • CommentTimeJun 24th 2010
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    Every single person that has been fired from my previous department (Dept #2) in a SoCal store has received unemployment, no matter what the reason is. I was terminated a few months ago and have been on unemployment since.  
     
    Worst case scenario, appeal if you are denied. In most cases, it might not be worth it for Fry's to send an attorney to make a case against you.
  5.  permalink
    I had no problem getting my unemployment when I got canned. Might be different in Nevada and it was a few years ago. Best day of my life honestly when I knew I didn't have to work there anymore.