[Buzz123]

I also wanted to mention that the Adjudicators are lied to all day long, by both claimants and employers, but mostly by claimants, and they know when they are being lied to. So people just outsmart themselves when they do it. It is so amazing just how stupid people can be when it comes to getting into trouble at work. So all that dealing with liars and stupidity makes it hard to be nice to everyone, but usually they are anyway. If there is any bias at all, and I'm not saying there is, but if so, it would be to help people get their benefits, not to help the employers scr*w you out of them.

[Buzz123]

Originally Posted by Drinkmaker

Yes, I was denied benefits from the beginning. I spoke to another employee who was fired with me and he said that the person that showed up to his appeal hearing was our boss. That makes me feel a little more at ease. But the employee wasn't given any copy of the company's evidence in advance as he should have. Would the referee take that into consideration if brought up? It will be the same evidence that he will use against me. And can I bring this employee in as a witness even though he has a pending appeal? I can see how that might look to the referee if I did.

I'm pretty sure you can bring in a witness if it helps you prove there was no misconduct. Used to be OK anyway. If they had any witnesses they'd bring them. That's all you are trying to do...prove there was no intentional misconduct. If there was misconduct, and you know it, you'll just have to man up. If it was a simple mistake it isn't misconduct unless it was intentional, or neglectful. It would be up to the employer to prove that. Think in terms of proving that whatever you did was a simple error, and that it was not intentional, nor were you neglecting your duties. If you have the employer's evidence, you just need to prove it is wrong. If it isn't ....well ...get a job...which you should be doing anyway since you can't live on UI, and probably feel much better about yourself when you're working.

Good luck... No scratch that ...break a leg.

[FALLOUT-NEW-VEGAS-HAHAHA]

I agree with the above poster man...do what you can for this but dont go all out war on it...you still gotta find a job...and believe me you might wanna get cracking its tough out here...Believe me I know - Im in the same boat as you are. And its a BIG boat.

[Drinkmaker]

Thanks for the advice. No, there was no intentional misconduct. Other employees have done the same thing and nothing has happened to anyone. The casino knows that it goes on, and there is no written policy against it. The management in some ways even encourage it when high rollers are spending money at the casino. Just in case your wondering what "it" is, it's all about how many drinks to serve to customers. Nobody was ever told or shown a policy about 3 drinks per hour. The cocktail servers were told at a pre-shift meeting that they need to serve 6 rounds per hour average. I served a guest 5 glasses of wine in 1 hour and that was considered misconduct. The wine glass was only 4oz and the cocktail servers take wine out in 8oz! I am saying that unless there is a written policy stating exactly how many is acceptable, how can misconduct be proven?

[Buzz123]

Originally Posted by Drinkmaker

Thanks for the advice. No, there was no intentional misconduct. Other employees have done the same thing and nothing has happened to anyone. The casino knows that it goes on, and there is no written policy against it. The management in some ways even encourage it when high rollers are spending money at the casino. Just in case your wondering what "it" is, it's all about how many drinks to serve to customers. Nobody was ever told or shown a policy about 3 drinks per hour. The cocktail servers were told at a pre-shift meeting that they need to serve 6 rounds per hour average. I served a guest 5 glasses of wine in 1 hour and that was considered misconduct. The wine glass was only 4oz and the cocktail servers take wine out in 8oz! I am saying that unless there is a written policy stating exactly how many is acceptable, how can misconduct be proven?

If you are right then you should get a reversal, especially if you felt management was pressuring you to serve more than three per hour. But you have to prove you were never told this or shown a written policy. Is there a state law that covers it? If so you may have a problem. Also, can you prove the servers were told to serve six rounds per hour? Will your witness be able to back you up on it, and did the witness have proof at their own hearing? And can you prove that management encouraged you to serve more than three per? Was this guy a high roller, and did he pressure you in anyway? Were you honestly afraid you'd lose your job if you refused to serve the customer? Hey, we've all watched "Las Vegas". I think that was on an episode once.

Don't you belong to the Bartender's Union? I'd think they could do something about your job, but they have nothing to do with your UI situation. Sounds like if the employer is inconsistent on this you might have grounds for a lawsuit, even though this is an "At Will" state, and they don't need a reason to fire you any more than you need one to quit.

[mhel5254]

Hi,
It is so sad to hear your predicament. It is really very hard these days, losing a job is nothing more depressive than filing for an unemployment benifits. However, my advise to you is to stop comparing your situation to others or other situation to you. You do not do anything unless the instruction came from the unemployment agency and not because your friend tell you so, especially if they are just assumptions. It is a must to be honest with your application. If your neighbor lied about theirs, then they will be liable for any circumstance their lying may take. I would advise you to read the information on unemployment, i.e. who are eligible to file. You can file for unemployment no matter if you are receiving your severance pay, vacation or sick day payments. Please apply for unemployment benifits as per agency intruction. Goodluck!

Originally Posted by nukemdomis

Unemployment Appeals Hearing for Las Vegas, Nevada


Hello,

Recently I was laid off from an employer I worked for for 4 years. The company offered me 4 weeks worth of severance pay which starting coming about 1 month after my last day of unemployment with them.

A few days after getting laid off I filed for unemployment and received a 'claim accepted' message. When I went to file on Sunday over the telephone the message stated, 'accepted'. A few days later I received a letter saying they needed me to contact them because they needed more information.

After talking with a few others who were collecting already I learned I was not eligible for claims until my severance was finished. I decided to wait until my severance pay was complete (1 month) to contact them again. When I did contact and speak to somebody she told me I was not approved for benefits because I did not contact them by a certain date.

She suggested that I file an appeal and fax it to them. She also said that the appeal might not even be looked at because I was past the deadline. I do not understand this....I mean they send me a debit card because they know I was laid off. They also know that I haven't collected anything from them, how can they just say sorry, there's nothing we can do?

Is there any advice you can give me or any past examples from your time there on this topic? I'm writing my appeal right now am going to rush and fax it to them. I've read the other related posts in this forum that you've commented on BUZZ123 so I'm hoping you can at least give me your opinion.

I was let go from my employer who I gave my everything to. I was not trying to scam the State of Nevada in anyway shape or form. In the past I've been eligible to receive benefits but never filed for benefits because I was able to go back to work. Now I really, really need that small income while moving to my next employer and I'm getting turned down.

I've heard so many people brag about how they can just lie and tell the State of Nevada that they are looking for a job and still receive benefits because the DETR does not do a good job of actually making sure people who are receiving unemployment are out looking for work.

For example there's a guy on my street who collected for 6 months and never left the house. His benefits ended and 1 1/2 months later the Nevada unemployment extended benefits for everyone. He was able to call them back up and start up his weekly payments again. This person is not planning on looking for a job, he just presses '5' or something like that to say he is.

Is there anyone else in Las Vegas that's in my situation that can offer some feedback in regards to filing an unemployment claims appeal for Las Vegas, NV?



As you can imagine, this really hurts.

[mhel5254]

Can you give more information via online?

[Buzz123]

Originally Posted by mhel5254

Hi,
It is so sad to hear your predicament. It is really very hard these days, losing a job is nothing more depressive than filing for an unemployment benefits. However, my advise to you is to stop comparing your situation to others or other situation to you. You do not do anything unless the instruction came from the unemployment agency and not because your friend tell you so, especially if they are just assumptions. It is a must to be honest with your application. If your neighbor lied about theirs, then they will be liable for any circumstance their lying may take. I would advise you to read the information on unemployment, i.e. who are eligible to file. You can file for unemployment no matter if you are receiving your severance pay, vacation or sick day payments. Please apply for unemployment benefits as per agency instruction. Good luck!

Your advice is good, but the original post was from three years ago. She's probably had three subsequent jobs by now.

[Buzz123]

The NV UC Appeals process can either be really fast or extraordinary slow - I have done 100's of Hearings in NV during the past several years and there is no rhyme or reason for the time frame to get to the benefits

Unless you are an Appeals Ref yourself, to have done 100's of hearings, you would be 100's of years old. You can't really file that many claims. And not all claims have any issues. The vast majority are straight forward, simple claims, that don't require adjudication. And it's not called "UC" in Nevada.

That said, there are Federal laws and State laws concerning when to mail the notices, and when to hold the interviews. But when Unemployment gets to be so high it overwhelms the system, deadlines are extended.

[jef60]

I lost my job 5/4/11. The same date I called unemployment and received a call from an arbitrator on 5/16/11. I received a letter on 5/27/11 that my claim had been denied. I appealed on 5/30/11. Finally, on 7/20/11 I get an appeals hearing at 10 a.m. At 10:45 after not getting a phone call, I called and was told there was a scheduling mixup, when in actuality I feel my employer had not called in. I was told I would get another hearing date ASAP. ASAP was on 8/26/11 at 11 a.m. I called the appropriate 15 minutes prior and was told I would get a call from a hearings officer which I did at 10 minutes after 11. I was told my employer had chose to not call in and participate (as I feel the case was on 7/20). It was shown that there was no justification for a final warning much less suspension and discharge, and a letter was not signed by me stating I knew why I was being suspended and I agreed. I never saw this letter and was never allowed to defend myself against the last so-called customer complaint. When the hearing was over, I was told by the hearing officer it would be 2 weeks before I would get a letter by mail, and that also the employer could appeal a decision. This fact was also stated in the information I had and from what I could find online about getting a decision in 2 weeks.

Friday 9/9 was two weeks. There was a holiday on Monday, the 5th., nothing came on Saturday either, so on Monday 9/13 I called the hearings office and was told that not only has there not been a decision but it could take up to 30 days to get an answer.

This has been going on for four months now. I don't feel I should have lost my job, and I cannot find another one. I would much rather be working than going through all this needless headache.

I really do realize how busy the unemployment and hearings offices are, but why is my employer being given so much consideration and I can't get an answer after almost 5 months? And then they would have the right to appeal - REALLY??? If I, the employee, had not called in twice it would be over for me - end of story. This is really frustrating!