ui appeals/proving misconduct/disproving misconduct? (Las Vegas: unemployment, shop, move)

[MzSean]

Ive been working for a small mom & pop shop for two and a half years in Las Vegas, Nevada. My position in the door was always a two person position, which once I learned the position I was able to do the position by myself. Two and a half years later the business is growing, but I'm still doing this position by myself while they move and expand. I bring this to the manager & he keeps stalling me & telling me to be patient he's working on it. During my first and second annual review I brought up the issue with the owners & I was told that that's the way it is & that's it. Unfortunately I couldn't quit after being verbally abused (screamed & cursed at in front of co-workers a common practice of the employer to all employees) on a number of occasions (From that point on I had been looking for work elsewhere & had no idea it was considered good cause to quit). My previous employer prefers to hire illegals because they won't tell them what they're doing is not right. I got suspended for a day and a half for transposing two customer's orders by accident. But, it was said that I did it on purpose, which was an act that has been done by every person that has done that position (with two people working the position). Came back from that suspension to being immediately fired. I got fired for transposing 2 customer's orders & each got the other's order which the employer was said to affect them financially. I filed for unemployment. denied for misconduct proven by evidence presented by employer, but the date they specified was the day that I was on suspension & not even present at work. Does that make a difference? Do i have a right to the evidence presented? It's looking like the employer has all the rights & I have none. Mistakes are not done on purpose that's why we call them mistakes....

[ddrhazy]

Appeal the decision.

[Buzz123]

a. Always appeal any decision not in your favor.

b. I don't believe you. If your story was true the Adjudicator would have seen through the employers argument. Instead they saw through yours. Don't take offence, but claimants (you for example) never tell the whole story. Since I no longer work for ESD I can say this - by your own words, you really sound like you were causing trouble on the job, and he had something to prove misconduct or you'd be collecting UI right now. Complaining to strangers on the internet really won't make you feel better. The only thing that will is to go find a better job and forget those people.

That said: if he had let you return to work, and then fired you later, you'd have a good argument that whatever you were supposed to have done was not handled in a timely manner, so must not be true.

You're lucky they didn't call it gross misconduct. Then, most likely, any chance of filing an additional claim later, (e.g.:return to work, earn whatever amount they say is necessary to reopen this one, and get laid off before the 1 year is up) would be gone.

[MzSean]

Thank u so much mr. buzz123 I really like ur advice & im just trying to find work & 4getting about the unemployment....

[LVAllen]

Agree with Buzz123 that you should appeal. When you appeal, the DETR will schedule a hearing with an adjudicator. That will be your opportunity to provide any testimony or other evidence that what you didn't wasn't misconduct. Whether your actions were misconduct turns on whether there was an element of wrongfulness. If it was truly an accident, the UI adjudicator will likely find that they had the right to fire you, but it wasn't misconduct. If, on the other hand, you'd been counseled about transposing those digits, or if it is seen as deliberate retaliation on your part for some past slight, the ruling is likely to be upheld.