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Old 04-25-2009, 01:18 PM
 
Location: atlanta
5 posts, read 32,564 times
Reputation: 13

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Just wondering if anyone here has experience dealing with the department of labor when a previous employer has appealed unemployment payments. I have a hearing on 29th April.
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Old 04-26-2009, 07:04 AM
 
72 posts, read 164,348 times
Reputation: 16
It will be a telephone interview with the employer on the other end. Now the employer has to show proove for a reasonable cause of as to why they fired you...the burden is on them not you. All you have to do is tell as to why you where fired and it has to be of no fault of your own. For example if it is because you've been late several times and they never said anything to you about it or wrote it up on paper,then the next time you came in late they fired you..(they gave you know warning ...or have a discussion with you about it the other two times you where late) THAT IS THEIR FAULT.. So Just show proof or state the truth that you where FIRED OR LAID OFF AT NO FAULT OF YOUR OWN. This come from an experience situation for my self..but beyond anything else, I do not know..by the way the gadol will call you first and then do a three way and call the employer while your on the phone,if they dont answer or if the person who is suppose to represent the company is not available than you automatically get your benefits!!!! that also happened to me...GOOD LUCK
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Old 04-26-2009, 05:21 PM
 
Location: atlanta
5 posts, read 32,564 times
Reputation: 13
Default laid off

I was laid off because of lack of work and they are trying to stop my unemployment.
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Old 06-06-2009, 02:20 PM
 
Location: winston salem
13 posts, read 21,634 times
Reputation: 15
I am new to this site but was wondering if anybody have any information on filing for unemployment in North Carolina...its going to take atleast 8to 14 weeks for them to give me a decision on if I am going to recieve any benefits due to an issue on the separation from my last employer. Here's the situation I was working for a company in Charlotte, was in good standing with them but I was incarcerated for an issue that happened in 2001....well needless to say I was detained for 23 days....by the time I got out I had lost my apartment,clothes....before I went to jail I told my employer that I was going to be detained indefinitely....he wished me well but told me to turn in all my equiptment which I did....I assumed that was the end of my employment of course by the time I was released and lost my place of stay I had to move in with a family member in Winston Salem... my old boss told me that he would have gave me my job back but that was 5 months later... well that's my story and I am open to any suggestions or preparations....
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Old 06-06-2009, 08:03 PM
 
Location: Marietta, GA
7,846 posts, read 14,857,230 times
Reputation: 3504
Quote:
Originally Posted by marknir View Post
I was laid off because of lack of work and they are trying to stop my unemployment.
What does your separation notice say? You should have received one of these from your employer. If they failed to give one to you, they are in violation of state law.

http://www.dol.state.ga.us/pdf/forms/dol800fillable.pdf

If you were let go for lack of work...aka laid off...or even for poor performance, then they have no grounds to fight your claim.

If you quit voluntarily or were fired for violation of policy or misconduct, then they can fight you.
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Old 06-30-2010, 03:03 PM
 
1 posts, read 4,300 times
Reputation: 10
Default Dol appeals Ga

They , the employer is appealing my Unemployment after it was approved.
I dont know why. Like you, i was there for 2 years and have an empty file,
nothing of any sort no warnings no nothing and then one day i had a customer complaint and they fired me. Stating on the form for the reason.
I was rude to a customer. which i wasnt. then on the appeal they said
something different. Said i violated co. policy what policy ?
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Old 06-30-2010, 06:55 PM
 
Location: sowf jawja
1,940 posts, read 8,192,590 times
Reputation: 1040
Quote:
Originally Posted by hopefor View Post
. . . . For example if it is because you've been late several times and they never said anything to you about it or wrote it up on paper,then the next time you came in late they fired you..(they gave you know warning ...or have a discussion with you about it the other two times you where late) THAT IS THEIR FAULT..


wow.


just, wow.


no wonder all the jobs are going overseas/across the border. you don't have to tell a mexican to be on time.
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Old 09-13-2010, 12:44 PM
 
2 posts, read 4,987 times
Reputation: 10
I was the office manager at a firm for 4 years. They hired in a new General Manager. He was very intimidated by my knowledge. He often criticized my work, etc. One day, he cut my pay by $4/hr. and gave it to another MALE EMPLOYEE who just started 6 wks before. I questioned him. He said we were "cutting back". I gave other means of saving the company money and he told me basically, Take it or Leave it! I told him I thought it was discriminating and told him I would think about it... saying "This is CRAP!" as I walked out -- at 5:15pm on a Friday afternoon. I received an email from him SUNDAY EVENING saying that I was on PAID Administrative Leave. He said he would let me know when to return back to work. I got an email Monday afternoon stating that I needed to be in the office at 9am on Tuesday. When I arrived, he said "I was really hoping you would've called me over the weekend"... then gave me my separation paper. I didn't read it until I was already home -- I was IN SHOCK! NO WRITE UPS IN OVER 4 YEARS! OH MY!!!! I read the papers after I stopped crying... it was for "GENERAL MISCONDUCT/ABUSIVE LANGUAGE" There were NO WITNESSES! Only me and him... he had even started off the meeting by telling me that it was "his" office now and that he could do whatever "he" wanted to do... He even chuckled and explained that he had been accused of sexual harrassment at his previous job, but it couldn't be proved.... INTIMIDATION!!! ANYWAY... I filed for unemployment benefits... I was DENIED. I have since requested an appeal... What do you think? Is this something I can win?? He totally lied about this! I never received any type of conference over my actions (yes, I cried too - but I've had major financial issues in the past year... ) Is crying considered misconduct? Is the word "CRAP" considered abusive language? Everyone at the office used the "f" word constantly... I didn't, but it's like he's saying I did! What do I need to do!? It's my word against his! How can I prove that I DIDN'T DO THAT!???
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Old 09-13-2010, 02:34 PM
 
Location: Atlanta, moving to Tampa
1 posts, read 4,079 times
Reputation: 10
Default Hearing Schedule for Today - no one called me!

I received notice of my Telephone Hearing and it was for today at 3pm. The hearing office never called me. They had my correct phone number. What do I do now - does anyone know? I tried calling the Appeals Tribunal and have been on hold forever and finally just hung up.
Has anyone had any experience with this situation? Thank you!
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Old 09-14-2010, 10:27 AM
 
16,722 posts, read 14,622,157 times
Reputation: 41117
Georgia is an at-will state, so there is no burden of proof either way. I'm not sure why the DOL is even bothering with a hearing. The employer does not have to show any kind of proof as to why they let you go.
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