what are the odds of winning unemployment appeals, and not having to pay back benefits! (collect, file)

[sagefemme]

Anyone have any idea what percentage of people win appeals?
I was granted benefits on the preliminary investigation but lost on my employers appeal to that - of course on false testimony from my employer! They testified to false protocols that I was 'supposed' to follow and of course the hearing officer believed them. The one supervisor talked his ear off about the bad person I was.....hmmmm the whole time they were giving me raises........
Anyway, I put in my 21 page appeal and am now waiting on an answer. They said that they even may want to hold another hearing!

I feel I have precisely countered each point they had for taking away my benefits and wanting me to pay them back.

Any input???

[frizzo100]

It is company policy for a lot of places to file an appeal even if you were justly fired or not. It is my opinion they are hoping you will not fight it and they will not have to pay for your unemployment. Speaking from my own experience you will have a decent chance of winning an appeal if you chose to file one. Unless your employer had documentation of any wrong doing and has attempted to take action to help you improve your performance, it is likely the unemployment office will side with you. Now if you were to get caught stealing, doing drugs or got involved in some other serious misconduct, that would be a totally different story.

To answer your question: My wife and I have both been fired from different jobs in the past and were denied unemployment. Both of us filed appeals and won. I know of no others who have been in this situation so from my perspective the answer is 100% but in reality I would guess you have more than a 50/50 chance.

[iamrollinglow]

I don't know what to tell you other than play the game and hope that the next appeals process decides in your favor. But as far as paying back benefits, why would you have to pay them back?

[frizzo100]

Originally Posted by iamrollinglow

I don't know what to tell you other than play the game and hope that the next appeals process decides in your favor. But as far as paying back benefits, why would you have to pay them back?

Because is is considered an overpayment. Basically they are saying you should not have been paid in the first place.

[Ariadne22]

Although yours wasn't an issue of 'insubordination', asking the right questions is what won the appeal in this case:

Originally Posted by jellenc

I did win! Thank you for asking!

Since it was so new to me and I felt like a deer in the headlights, I was taken aback by having my former employer and the hearing officer on the phone. "They" (the manager who fired me was being led by the HR manager, who was behind the whole thing) said I had signed a document stating that I was "warned," which turned out to be the company policy manual that everyone has to sign. So, the hearing recessed for about a week for them to submit that "evidence." In the meantime, I really got my act together as far as preparing some questions. I asked, "did you verbally warn me about this? was there any prior evidence in my personnel file showing misconduct of any kind? why did you choose termination instead of the three other consequences you could have implemented?" It came down to him saying he was personally offended by a comment I made to a coworker (who then told on me). In the end, the hearing officer determined that "although unwise," my comment did not merit termination, nor did it fall under insubordination, therefore I was awarded unemployment benefits!

This was a big win not just personally, but for all the coworkers I've had over the years that have had similar circumstances (someone wanted them gone, and tried to find a way to justify it) and lost because there is so much corruption.

Thank you again for asking, I'm very pleased to share what I have learned from the experience.

http://www.city-data.com/forum/unemp...ination-2.html

[nobodywantsme]

Originally Posted by frizzo100

Because is is considered an overpayment. Basically they are saying you should not have been paid in the first place.

simply give them back $1 a month telling them that's all
you can afford

[sagefemme]

yes, they are considering what they had given me an overpayment - even though they were the ones who agreed I was not fired for a good reason in the first place!! They say I owe over $7,000 back to them ! I told her how dumb it was to charge me when the reason they were giving it to me was because I couldnt pay my bills !
What sucks is that they are saying I was fired for "misconduct" which allows them to immediately terminate me but it falls under the same category as stealing, doing drugs, or having sex/sleeping on the job ! It makes me look like a bad person and that infuriates me to no end because I know I am a damn good practitioner ! I pulled out all my patient satisfactory cards, my clinic numbers and my evals with the raises (one done 4 months prior to my termination) and the only thing that seemed to matter to the officer was the lie that stated that I should have had the client sign a statement of refusal. Which is only to be done if the patient ever comes back in for treatment - she never came back in so I guess since I didnt track her down and hound her on the phone (neither tactic is within protocol!) I did wrong. They lied about that and said our proof is also the standard papers/handbook/policies you are required to sign .........

Can they really ask for another hearing??? My thinking is that they withheld evidence - which I noted in my original hearing - so why do they get a second chance??? What should my strategy be for this one?? I dont think I can do anything more then re-present what I already presented.....

[frizzo100]

Originally Posted by sagefemme

yes, they are considering what they had given me an overpayment - even though they were the ones who agreed I was not fired for a good reason in the first place!! They say I owe over $7,000 back to them ! I told her how dumb it was to charge me when the reason they were giving it to me was because I couldnt pay my bills !
What sucks is that they are saying I was fired for "misconduct" which allows them to immediately terminate me but it falls under the same category as stealing, doing drugs, or having sex/sleeping on the job ! It makes me look like a bad person and that infuriates me to no end because I know I am a damn good practitioner ! I pulled out all my patient satisfactory cards, my clinic numbers and my evals with the raises (one done 4 months prior to my termination) and the only thing that seemed to matter to the officer was the lie that stated that I should have had the client sign a statement of refusal. Which is only to be done if the patient ever comes back in for treatment - she never came back in so I guess since I didnt track her down and hound her on the phone (neither tactic is within protocol!) I did wrong. They lied about that and said our proof is also the standard papers/handbook/policies you are required to sign .........

Can they really ask for another hearing??? My thinking is that they withheld evidence - which I noted in my original hearing - so why do they get a second chance??? What should my strategy be for this one?? I dont think I can do anything more then re-present what I already presented.....

I don't know how it is in your state but in mine (Illinois) the employer only has 30 days to file an appeal. Obviously it has been much more than 30 days since you claim to have received $7000 in unemployment. Something doesn't make sense.

[sagefemme]

I am in Texas and it is also standard for the 30 days for an appeal. I was qualified based on the preliminary investigation when someone appeals after being fired. Then they appealed within their 30 days and we had a hearing and they won that one. I have since filed an appeal to that. Meanwhile while the original employers appeal was going on I was told to collect so I would be able to have money and would not get it back if I didnt request it. Their appeal took 2 months and they are saying I owe from the very first payment - like I shouldnt have received any money at all.

I am waiting to hear back now on a decision to grant me continued collections based on my appeal OR a new hearing. Its been 2 months again so I should be hearing soon.

[matt1733]

Ya I had my last employer try that misconduct trick with me and I was originally denied. But I got a lawyer and proved at the hearing it wasn't. trust me friend get a lawyer they don't take money unless they win the hearing , mine cost me five hundred but got me almost ten thousand its a no lose prospect.