Unemployment Appeal (McDonald: fit in, how much, find a job)
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Recently I found out that I was denied unemployment. The reason I was denied was that I was not getting along with co-workers. My employer never discussed these issues with me at all and I was never warned or written up. If I appeal I only have my handbook that states that you need to threaten another employee to be immediately terminated (which I did not do). It also says that you get 2 verbals and a written before they can terminate you. I have never signed anything was just pulled in and let go. I have never been to an appeals hearing what do I need to say, do or bring? The day that I was let go it was just me and the person letting me go in the room. I have old reviews saying nothing but good things. I am not sure how to word the appeals paper and what to do at the hearing any advice would be appreciated.
The person who fired me said "This just isn't working out. Is it working for you? I am not doing this formal because this is you" Then they said "You have a choice you can quit or we can terminate you. If we terminate you it will go on your perminate record." When I asked why this person said "inharmonious behavior". On the unemployment paper I wrote that they gave a choice to quit or be terminated and that I chose to be terminated. I also included the reason they gave me. I have to file an appeal and I am going to attach the handbook pages, because they did not follow there system. I am not sure how to word the appeal other then saying "I disagree with the determination"
"Recently I found out that I was denied unemployment. The reason I was denied was that I was not getting along with co-workers"
"my handbook that states that you need to threaten another employee to be immediately terminated"
"I was never warned or written up."
IMHO, The 3 statements above explains the your story. It tends to say that if you were not warned or written up, then your employer felt that you have threatened another employee and terminated you for that reason. You admit to not getting along with your co-workers for what ever reason.
It sounds that you were found in violation of a work rule. In order to be found ineligable for unemployment benefits, your employer must prove to a state examiner that you were the cause of an unsafe work place. Once that is proven, the burden of proof shifts you to explain your actions. If you cannot prove you had good reason for your actions, you will be denied unemployment compensation.
On your appeal, attach any evidence you have in your defense. Do you have any witnesses that can help you prove your case? Have then write a letter and attach that too.
When you send in the appeal, both you and your employer will get a copy of your appeal & your evidence. That is your reciept that is was recieved by the referee. When a time, date & place is set, you will be notified by mail. You will be asked to arrive at least 15 minutes early and both sides can look at the evidence either side has. The referee will the conduct the appeal hearing and he will render a decision within 10 days by mail.
If you lose the referees decision, you can appeal 1 more time (for free) to the Board of Review.
The only other way for you to qualify for UC benefits is you have to find another job, earn 6 times your weekly benefit rate and then lose that job through no fault of your own. You will then requalify for unemployment.
Your previous employer did not want to pay for you to be on umemployment and figured that it was easier and cheaper for him to just say that you were terminated.
Now there is some variables here - you did not say the name of the employer or the location of the employers show.
If your employer was Burger King or McDonalds - then I wouldn't worry about it much, but if your employer was McDonnell Douglas - Boeing and you were making aircraft parts and making $40 a hour - then I would be pissed!
There is plenty of jobs in this world, just that most of them requires you to either move or start out on the bottom. The problem with that might be that if you were my age - 45 and you could not afford to start back out on the bottom - then you would be screwed.
As long as you were working and doing your job and were not missing work before you were fired, then I would bring in witnesses - say maybe 5 coworkers - who you could subpoena off the production floor - which would screw the employer.. It wouldn't get you your job back, but it would cause him / her enough grief that they might not show up at the hearing and even if they did show up - they would probably loose - no matter what was said.
Problems such as fighting and insubordination are probably the only way that they could terminate you and deny you unemployment benefits. I lost a job one morning and had another job that afternoon and by the time my unemployment claim went through, I had already made 6 times my benefit rate and didn't need unemployment - but it made the employer look bad to make fraudulent claims and because he cheated me on my : first and final pay several hundred dollars and because I was hired through PA Career Link - he was prohibited from hiring ever again through Career Link!
That does not mean that he could not change the name of his company and be back in business tomorrow and hire again out of Career Link - just that his good name in the business community was now MUD!
Only you know if you were fighting with your co workers or not - and how much you were not getting along. Maybe you just didn't fit in with their way of doing business or were not in the buddy club. That does not mean that you even have to tell your next employer about your previous employment or use that employer as a reference.
In the real world, even if you quit on your own, they were still going to give you a bad reference. Just keep looking for a job and write down every employer that you contact between now and the hearing for your unemployment comp hearing and chances are by that time you will either find a job or the list of employers will be large enough that the judge will see that you are willing to work and that the previous employer is a shyster and give you your unemployment anyways.
Munchkin, Just sounds like there are pieces of the story missing. If you did not do anything wrong, will other employees vouch for you? Have them put it in writing and send it with your appeal. Your employer had to have substantial evidence in order for unemployment to find you ineligable for benefits.
If you did nothing wrong, then you have nothing to worry about. There would be no victim, no witnesses and that would be no problem for you. Just your word against his. Explain to the referee you did nothing wrong, you have no clue why you were fired and present copies of your previous favorable reviews. If that is the case, you will have no trouble at all getting uc benefits. Just remember while you are waiting for your appeal to be heard, keep filing every 2 weeks for your uc benefits. Because if you win your appeal, all the payments you signed for will be released to you at one time.
You cannot cross examine a piece of paper - you can cross examine co-workers whom you subpoena to show up for the hearing.
I had a employer one time who fired me and I subpoena'd every sob in the whole place. Shut his whole business down for a entire afternoon and he had to pay every one of the people that I subponena'd and he lost money and I made him spend some money.
That is the reason why I will never again work for any company that is owned by one man! All it takes is for you to get on the bad side of the owner and the next thing you know - you don't have a job anymore!
subpoena duces tecum orders a person to bring physical evidence before the ordering authority or face punishment.
If your only physical evidence is your co-workers, the make him bring those people to the hearing.
By the way - there is nothing in the books that says that the employer has to show up at the hearing. I had one where he requested a hearing by telephone and so I was in the room and he was 70 miles away.
That too was good for me and bad for him. If you are not willing to travel to go to the hearing, then it shows that your case has little to no merit.
Thanks for all of the advice. I will definately have to have several co-workers subponea'd to speak of my character with them. I will also bring the reviews and other items as well. I have been looking and have had a few phone interviews and personal interviews so hopefully that will help.
I have a few interviews set up for the next few days. I was terminated from my last job and am just wondering how to answer that type of question. I want to be honest about what happened but am not sure how to make it positive. I do have several references that I am excited to share with these potential employers. How do you answer these types of questions?
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