In Black and White


Got a letter Saturday. I’ll just post the good parts towards the end.

“Misconduct connected with the work” is a substantial breach by the claimant of an important duty or obligation owed toward, willful or wanton in character, and tending to injure the employer. (Precedent Decision P-B-3, citing Maywood Glass v. Stewart (1959) 170 Cal.App.2d 719.)

On the other hand, mere inefficiency, unsatisfactory conduct, poor performance as the result of inability or incapacity, isolated instances of ordinary negligence or inadvertance, or good faith errors in judgement or discretion are not misconduct.

The employer has the burden of proving misconduct. (Prescod v. California Unemployment Insuarance Appeals Board (1976) 57 Cal.App.3d 29)

Mere ineptitude or failure to work “up to par” are not misconduct. (Precedent Decision P-B-224)

The claimant generally complied with the employer’s training and instructions regarding handling problematic clients, seeking assistance and reporting unusual incidents. The employer discharged the claimant based on poor performance as the result of inability or incapacity, isolated instances of ordinary negligence or inadvertance, or good faith errors in judgement or discretion.

The employer discharged the claimant for other than misconduct connected with his most recent work. The claimant qualifies for for benefits under section 1256.


The determination is reversed. The claimant qualifies for for benefits under code section 1256.

Well, I’m glad I have the money to pay off the credit card that I maxed out in my time away from work, but it’s hard to hear in black and white legal terms you’re a stupid, worthless fuck-up who is such a loser that he’s worth the pity of taxpayers.

Stealing Megan’s Blogging


“I guess this is my second entry..
Cicadas are buzzing. Are there cicadas in NorCal? We’ve just finished gardening. Do you even like to garden? Impatiens, hibiscus, pansies mixed with fuschia, lilies, and a Japanese maple that is somehow more beautiful than the one I couldn’t keep alive. It casts an intricate shadow like hundreds of tiny hands upon a small, shaded yard. It’s reflection above the backs of oddly formed goldish swimming lazily in a clear pond fed by a slow cascading rock fountain. The sun made us lazy and our soil caked limbs reminded us of when we were innocent. This moment is somehow more beautiful than the innocence I couldn’t keep alive. This is the rainbow after the storm. This is that feeling you have after you’ve cried. This is a moment where I’m thankful for everything – even the suffering – that brought me to this point. It’s funny how we grow up trying to escape our childhood, then find ourselves wanting to go back. I’m back. My face warmed by the sun I once avoided in a body I once tried to hide. I’m back. You follow me into the house where the fans are humming and the cats descend from their places in the windows – drawn there by our play – to greet us. We take a long shower and say nothing to each other as the water cools our skin. We’re old enough to know that words are only half-truths, though as writers we love them terribly. You follow me to the bed where we lie naked beneath a cool sheet. Our soundtrack is the music we love and the soft hum of fans. The cats are scattered around us taking their afternoon nap, to be followed by an evening doze. This is when my cheek touches your chest and my fingers begin their play. I run them up and down your torso. I touch your face. Your beautiful face.

This is a moment that I am so far away from.

-Megan M. Chiles

One week down, 18 more to go.


I had a good week of school. I think I can handle this. I have my text books ordered and now I’m off to read them. I still have 2 classes that I don’t know if I’ll get it, but I made sure the teachers like me. I’ll hold off on buying the books until I know.

It WORKS! (Why don’t YOU guys work.)


I put the old hard drives into the new DirecTiVo and it’s working wonderfully. I had to take a file to the twinbreeze bracket because the two different models just didn’t fit right together.

I called DirecTV to activate it, but their system is down and has been all day. Now I have to wait until tomorrow.

It Came! It Came!


My replacement DirecTiVo came in the mail! Now I need to get it hooked up and put my old hard drives in it.


Honesty is the best policy.


A few days ago Bart got tangled in the cables of my DirecTiVo and it came crashing down. Bart was okay in a few seconds but the box was broken. No lights, no fans, no hum, no nothing.


I called DirecTV and asked what they could do for a replacement. The best the people I talked to could give me was $49.99 on my bill with a year extension on my contract with them. “But I’m a very loyal customer, and with the DVR I’m pretty much a lifetime subscriber with you. Can’t you do better than that?” They wouldn’t… so I let them put it on my bill.


A couple hours later I decided to call again and asked to be transfered to the retention department (Thanks RCrew) and I told a very nice, helpful person my story. Retention is where they keep the smartest and nicest people. The people who can think outside the box and can handle life without a flow chart. (“Cycle the power off and on… unplug the cables and plug them back in… make sure your unit is on.”) I told her my story, and she asked if my cat was okay. I also told her that I was thinking about it and it didn’t sit right with me that I would have been better off lying to them or signing up for insurance and defrauding them. Without even me asking, she said, well normally if your unit just stops working out of warranty it’s not free to replace by they can do better than fifty bucks. She offered to take half off. She said she could do it in the form of one payment of $25 off my bill now, or I could have $5 off my bill for the next 6 months. I happily took the 6 months.

I learned something to day. Honesty is the best policy.

No that’s not it.

The sqeaky wheel gets the grease.

Yeah… that’s the one.

Yappy Hew Near


Well, I got 3 Litres of champagne from Costco for 12 bucks so Alia and I could celebrate a late New Year, but Alia decided she doesn’t like Champagne or any alcohol anymore. It tastes too yucky. So, she’s drinking the sparkling cider instead.

Now I have to finish this 1500ml bottle myself before it goes flat. I’m in for a long crazy night.