I could tell you he’s a good guy, honest and loyal but I am his Mom, so the court had reason to believe that I might “just say these things” even if it weren’t true. But the truth is….he’s not just a good guy, he’s a great guy. His character was fashioned by loving parents of 30 years and with his earned achievements as an Eagle Scout.
Just before my son left to begin Basic Training, he asked me to “take care” of a pending matter with the EDD. He felt the mistake was a clerical error or some mix-up that could easily be explained away. Before the court were two issues from a claim filed in 2005: an unreported $20.00 check and the amount of time allowed for lunch. Denis thought his lunch period was for one hour but when he returned, he was informed he was 30 minutes late. The EDD determined that returning 30 minutes late from lunch, was a willful act of misconduct which substantially injured the employer’s interest. It didn’t matter that it was his first day on the job, that there was no written company policy or that he had no prior warnings. What’s more, he’s not even sure he was paid the $20.00 check he didn’t report and the EDD has failed to produce a copy, despite my several requests both verbal and written.
A great deal has happened since May of 2007. Disappointingly, the real issues remain irrelevant because the judge was unable to move past why my son was not present in court. I wrote countless letters in my appeal to explain that our soldier was unable to be present in court August 9, because he was in Basic Training in South Carolina. On January 26, 2008, I received the decision from the California Unemployment Insurance Appeals Board. The board has decided, “Having given careful consideration to the claimant’s reasons for not appearing at the hearing, we conclude that they are not sufficient to constitute good cause for reopening the matter.” In other words, despite our understanding that the soldier deployed June 21, 2007 and was not able to be present in court on August 9, because he was in Basic Training serving under the command of the US Army, this reason does not constitute sufficient GOOD CAUSE and stand by the findings of the administrative law judge who dismissed the soldier’s case because he failed to appear without a good reason. I was actually stunned when I read the response.
Sometimes what you read has a hint of truth and sometimes what sounds unbelievable is the truth. It is not my intent to waist anyone’s time. I am committed to my son. Yes because he is my son, yes, because he asked me to help him before he left for Fort Jackson but more importantly, because I said I would. I need you America, to write letters, make phone calls and join me in supporting our US Soldier. Please see the pages: Where to Write/Case Decisions (for the #’s to include in you messages) for more details.
Me, I’m just a Mom who lives in a small corner of the world, in a place I call America. I value commitment, responsibility and above all, integrity. The easy thing to do would be to let our US Soldier pay back $2100.00 but that would also be wrong thing to do. There are lots of wrong reasons but I’ll keep my list to two. It would be wrong, not to fight for what we believe is right. It would be wrong to settle for less than the greatness our country was founded upon- liberty and justice. Due process used to be the fundamental principles of justice as opposed to a specific rule of law and now it seems somehow this process has lost its way. When a specific rule is conformed to encompass even that which does not fit, we have failed everything that rests upon the principle we hope to value. Isn’t it more important to carefully look at the fundamentals which show good cause, rather than to the text that spells out the specifics of where good cause can be found?
Our soldiers depend on us as parents, family and as people of the United States to encourage, support, and assist them so that they can accomplish what it is they have promised to do, protect America. The California EDD’s decision in my opinion, is callous in demanding that a US Soldier be held to the restrictions of civilian adjudication and in doing so disregard the Military authority that commands him.
I don’t know you, you don’t know me but maybe that’s not what’s important. Maybe for you, like it is for me, what’s important is doing the right thing. So I am asking you for your support, together let’s find a way, to make what should be right find its way back home.
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