[snowqueen]

This is kinda a long story but I'm going to try to explain it as simple as I can. I was working for a retail store as an asstitant manager for 2 years until a new boss came in a cleaned house therefor letting me go. I applied for unemployment from them and received it. Since the day I got let go I was looking for a new job and three months in I got a job offer to do Valet at a casino. Totally different job then I have ever had. Started Valet and within two days I was parking cars all by myself only had training from another employee and no management. I had the companies orientation two weeks into my employment. SO needless to say I didn't really know the rules. One month in I made a mistake that cost me my job, I gave a car to a guy without the claim ticket. He lied to me and others about staying at the hotel so he could park valet on a friday night. Any ways it was one guy that came in the car with two other guys. So it's not like I let someone steal the car. I felt horrible about what I did and didn't know what to do. I got written up that day and got a suspension for a few days until HR called me in for a meeting. All my co-workers and supervisors said "don't worry we all have done this before." Ok I get it we all make mistakes but when I got written up my supervisor at the time ask if I red the policy and proceeders for the valet and I said " no what handbook?'. It was in my file unsigned and news to me. I wish I knew about it, I could still have my job now. One week later I received a call from my Boss saying I'm sorry HR is firing you, but he said he tried everything to keep me cause I was an asset to the team. Mind you I am a women and at the time only two others were working there. Not sure if it's a sex thing or not but still I don't know why they want to make an example of me. Also on top of all that they denied my unemployment that I had open from my previous employer. Now I have to go to the Appeal. What do I need to do to prove my case?! I have the hand book that was in my file unsigned. Should I go and have my former co-works to sign a paper saying they have given a car away before? Thank you for your help!

[elkotronics]

I think that your direct Manager should've made absolute sure you read your handbook and not only that, they should make sure you know how to do your job before they turned you loose. That is not fair at all and I would call that lazy and ineffective management.

Fight it and I think they should be forced to say that your unemployment insurance is now a "yes" and you should by all rights get your unemployment insurance paid to you. That is awfully quick to terminate an employee and it is harsh treatment-all the while not revealing the fact that they failed to properly and thoroughly do their jobs.

[Buzz123]

First of all I hope you have continued to file your weekly claims while you get this sorted out so that if you win the appeal they will pay you for those back weeks.

It doesn't matter how fair it is; what you need to know is exactly what did the adjudicator say on the written decision as to why the State denied your claim. That is what you are appealing, the State's decision. Hard to say why they'd deny you if what you say is all true. But there are always two sides to every story. The employer had to prove that you were fired for misconduct. IF (big IF) what you say is true about how it all came about, then I personally don't see any misconduct, but then I don't have all the facts ...like the employer's statement for instance. They probably said that you did it even though you knew better. Knowing how the adjudicators work, I have to believe that there is a lot more to the story than you are saying here ...sorry, but there is no reason not to tell everything on a forum where you are asking for help.

BUT, if what you say is true I'd question why they waited so long to fire you. You said that you got a suspension for a few days, then you had a meeting with HR. You say one week later they fired you. Does that mean that they let you go back to work for a while after this happened? If so I think they screwed up, and it can't be misconduct if they didn't let you go the day it happened, but let you continue to work.

Also, if you can prove that others have made the same mistake and didn't get fired, EVEN THOUGH THE BOSSES KNEW ABOUT IT, that should help your case. But I think you'll have a hard time getting other employees to go against the employer.

Employers can fire you for any reason or no reason, but for the State to deny your claim, you had to have been fired for misconduct (Misconduct is knowing you weren't supposed to do what you did but doing it anyway, being late for work, drunk on the job, punching out the boss, etc.). Making a mistake due to lack of training is not misconduct and the State treats it the same as a layoff.

[Exaday]

The only advice anyone can really give is to continue to follow the appeals process.

You need to be patient and find what the company is telling the state.

I've heard of people going as far as getting their jobs back even after they were in the wrong. That's an extreme scenario, but companies make mistakes.

Remember, you were not properly processed as a new employee. They did not do their jobs.

[snowqueen]

yes I have been filing weekly claims! I did call an spoke to a very nice lady at the unemployment office and she said that they prop. denied it becasuse I signed the companies handbook. So by signing the companies handbook I broke a rule in genral so that's why they are saying it's misconduct. How would I go about getting the info about why they denied me claim in detail? They had me suspened for 3 days at first until I went in and spoke to HR about what happend. After that I heard on friday that I was no longer able to work there. So Fri was the incendent Tues was the meeting with HR.
In the meeting with HR they asked me if I knew what I did was wrong and I said Yes after the fact of what happend and me being in that situation I didn't know what was right or wrong. I said it was a mistake and I was very sorry. Also in the meeting I asked if I was able to come back and work if I could get more training so I wouldn't be able to do anything wrong again.
Mind you a co-worker that was hired about the same time as me had 3 incendents on his file. (bummber being pulled off a car, Broken back window, and scratch paint) and HR only gave him 3 days suspention. So with my one mistake it cost me my job. I belive he was trained the same as me?

[samsite]

My friend is in a similiar situation. He got fired from his insurance company for going on facebook on company computers. But it was during economic cuts and he was just made an example out of. The manager who fired him no longer works for the company and he is not able to apply for unemployment insurance. Anyways.. He just ended up working as a waiter until a better job comes along. Situation sucks. Good luck

[snowqueen]

ok I did my homework. I went to the unemploment office to read my file. I am not reciving my unemployment becasue of misconduct and that is it. I think by bringing my hadbook that I never seen and was unsigned (that I got when I got written up) is a good case.
Also I red that they have hired a 3rd party company to sit in on the Appeal?! What's that about?

[Buzz123]

Originally Posted by snowqueen

ok I did my homework. I went to the unemployment office to read my file. I am not receiving my unemployment because of misconduct and that is it. I think by bringing my handbook that I never seen and was unsigned (that I got when I got written up) is a good case.
Also I red that they have hired a 3rd party company to sit in on the Appeal?! What's that about?

You should have received a letter from unemployment that explained their decision, and in fact, you must have or you wouldn't have known to appeal; unless, maybe you were awarded the claim at first and the company appealed?

It should have stated in detail exactly what they are accusing you of. I think there is a language barrier here. But if you are telling the whole truth I will be surprised if the appeals referee doesn't reverse the decision of the adjudicator. I don't know the statistics on it, but I was always kind of surprised that they did that so often.

Most of the big companies have representatives that are there to automatically appeal UI awards no matter what. Companies with thousands of employees pay millions in payroll taxes. The people they have to represent their interests in UI matters save them a lot of money.

Hang in there and just make sure the appeals referee gets your side of the story as it happened. But don't be offended when all they want are known facts, and none of the emotional stuff, or hearsay.

[whyhateme]

I don't know if it's your typing or spelling, but you should use spell check, although spell check wouldn't catch red for read! Good luck on your appeal!

[observer53]

Originally Posted by snowqueen

ok I did my homework. I went to the unemploment office to read my file. I am not reciving my unemployment becasue of misconduct and that is it. I think by bringing my hadbook that I never seen and was unsigned (that I got when I got written up) is a good case.
Also I red that they have hired a 3rd party company to sit in on the Appeal?! What's that about?

I used to work in the unemployment system in AZ years ago. Many employers worked with a company that would send in a nonlawyer to represent them in the appeal hearing. So, they aren't just "sitting in"; more than likely, one of that company's employees will be presenting the employer's side of the story-- questioning their witnesses (and cross-examining you and yours).

Emphasize the unsigned handbook and the lack of training. Discuss the length of time it took them to decide to fire you (helps weigh against it being misconduct). You may not get current employees to help you out, but you can question their witness about the less severe punishment being given to others.