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Old 05-21-2012, 10:00 PM
 
7 posts, read 69,369 times
Reputation: 18

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Thanks Again
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Old 05-26-2012, 01:42 PM
 
7 posts, read 69,369 times
Reputation: 18
I won!!!!!!!!
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Old 05-26-2012, 02:17 PM
 
Location: California
4,400 posts, read 13,355,970 times
Reputation: 3161
Quote:
Originally Posted by pspyder View Post
I won!!!!!!!!
WAHOO!!!! So glad to hear that!

What did they actually say in the decision and what did you tell them in your appeal? The info can be helpful for others in the future dealing with a similar issue!
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Old 05-26-2012, 04:06 PM
 
14,504 posts, read 30,907,581 times
Reputation: 2562
Yeah, I'd like to hear the details too. I know you were worried about the 8 write-ups, but I was of the opinion they wouldn't matter because I was assuming that the last thing you did was something you'd never been written up for before.
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Old 05-26-2012, 04:57 PM
 
Location: California
4,400 posts, read 13,355,970 times
Reputation: 3161
Quote:
Originally Posted by Chyvan View Post
Yeah, I'd like to hear the details too. I know you were worried about the 8 write-ups, but I was of the opinion they wouldn't matter because I was assuming that the last thing you did was something you'd never been written up for before.
Agreed. And I was not worried as even though someone is written up, all they have to prove is that failing to improve wasn't for lack of trying. As Gross Negligence is "willful" it is a fairly easy element to remove from the issue, as long as you know how.
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Old 05-27-2012, 02:44 PM
 
7 posts, read 69,369 times
Reputation: 18
I won!!!!
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Old 05-27-2012, 03:37 PM
 
Location: Wisconsin
25,589 posts, read 56,236,996 times
Reputation: 23241
Quote:
Originally Posted by pspyder View Post
I won!!!!
So, you have said. Twice, now.

Care to answer this?
Quote:
Originally Posted by thebunny View Post
What did they actually say in the decision and what did you tell them in your appeal? The info can be helpful for others in the future dealing with a similar issue!
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Old 05-29-2012, 08:29 PM
 
7 posts, read 69,369 times
Reputation: 18
I did just as you said . I told the judge that I worked just as hard as I could every day I was there. I think the reason I won though was because they could not prove gross negligence or misconduct. The "eye witness" could not provide any evidence of this and was dismissed by the judge. They also had an attorney, but she could only recite back from the write ups. She did try to coach their witnesses but to no avail. I was absolutely prepared for my testimony. I believe this also helped.
Thanks for the advise!!!!!!!!!!!!
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Old 05-29-2012, 08:43 PM
 
Location: California
4,400 posts, read 13,355,970 times
Reputation: 3161
You are very welcome. And can I say I told you so? LOL. The reason they could not prove gross misconduct was because someone who is doing the best they can is also NOT able to be willfully failing to do their job, as willful gross misconduct means you were INTENDING to do a bad job. Kind of gets cancelled out when you say you were intending to do a GOOD job.

Very happy that you won, and I was really confident that you would given your set of circumstances.
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Old 07-16-2012, 08:43 PM
 
4 posts, read 17,386 times
Reputation: 12
Cool Unemployment appeal info.

Hey man,
i just had an Law Judge appeal VIA telephone and won by representing myself.
The stipulations vary on why you're fighting it, but as long as you know your states law, you can represent yourself successfully without a lawyer like myself
#KNOWLEDGE IS POWER..It REALLY is.

The more you know your rights, the safer you will be.

I COULD NOT repay 8,000.00, because my wife and I are already struggling financially (which in WA state, if it is against your equity, personal well being or finances, you DO NOT have to pay it back).

Which state do you live in?
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