CALIFORNIA UNEMPLOYMENT INSURANCE APPEALS BOARD San Jose Office of Appeals ALJ T.J. MINOR’S DECISION IN THE MARGATET M. PEROTTI CASE NOS. 5307895 & 5307896

ABSTRACT:  In Administrative Law Judge (ALJ) T.J. Minor’s decision in the Margatet M. Perotti Case No.: 5307895 (September 2014), the DECISION states: “The time to appeal is extended. The Department determination is reversed.  The claimant is qualified under code section 1256. Benefits are payable provided the claimant is otherwise eligible.”  Moreover, “The claimant appealed from a determination disqualifying the claimant for unemployment benefits under Unemployment Insurance Code section 1256.  The issue in this case is whether the claimant was discharged for misconduct connected with the most recent work.  An additional issue is whether the appeal was filed within 20 days from the date the department's notice was mailed and, if not, whether there is good cause to extend the 20-day deadline.”  REASONS FOR DECISION, states, in part, “The employer's "factual basis" for the termination, so called in its letter of March 26, 2014 presented by the employer for the hearing, apparently is the "systems surveillance log" purportedly listing the individual uses of the claimant's computer to access other employee's computers and emails.  The foundation for this evidence is substantially lacking.  Further, the conclusions asserted by the employer concerning that surveillance log data were substantially and compellingly debunked by a technical analysis report presented by the claimant at the hearing.  The employer had the ability to present witness testimony to support its conclusions but failed to do so.  This gives further cause to view the employer's evidence with distrust.  As a result of the foregoing, the claimant's credible testimony was entitled to and was given greater weight than the employer's hearsay evidence, resulting in the Findings of Fact, above.”  And “In the present case, the evidence has failed to demonstrate the claimant knowingly violated any policy or duty she owed the employer.  The employer had not warned her previously about any similar conduct.  Despite the numerous allegations of wrongdoing, the employer presented no evidence of any motive for the claimant to invade her co-workers' emails or access and destroy any of the employer's documents.  Such tends strongly to further undercut the credibility of the accusations.  The employer has not met its burden of proving the claimant willfully or wantonly breached an important duty.  It is therefore found that the claimant was discharged for reasons other than misconduct and is qualified under code section 1256. Benefits are payable provided the claimant is otherwise eligible.”  In Case No.: 5307896, “The claimant appealed from a determination that held the claimant not eligible for benefits under Unemployment Insurance Code section 1253(c) beginning May 4, 2014.  The issue in this case is whether the claimant was available for work. An additional issue is whether the appeal was filed within 20 days from the date the department's notice was mailed and, if not whether there is good cause to extend the 20-day deadline.”  DECISION “The time to appeal is extended.  The department determination is reversed.  The claimant is eligible for benefits under code section 1253(c) beginning May 4, 2014. Benefits are payable provided the claimant is otherwise eligible.”  ALJ T.J. Minor’s Decision in Case No.: 5307895 and Case No.: 5307896, document is embedded.

CUIAB Margaret Perotti Case Nos. 530795, 5307896

San Jose Office of Appeals

ALJ: T.J. Minor

Case No.: 5307895

CL T/PET: Margaret M Perotti

Case No.: 5307896

CL T/PET: Margaret M Perotti

REFERENCE:

Perotti awarded unemployment benefits

City’s evidence against her ‘substantially lacking,’ judge says
By MARY SCHLEY, The Carmel Pine Cone September 26, 2014, 8A