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I am new to this site. I received a message from Chyvan, and wanted to reply back. Chyvan are you able to see my post?
If so, my questions is, when you say, "ask the employer"...at what point to I provide that response to them?
Let me go through and example interview:
1) What was the reason for discharge: I was not the right fit for the organization.
2) Describe the last act: My director travelled from Oak Brook to Arlington heights, asked me to find a private area, and told me I was not the right fit for the organization and to gather my belongings. I left.
3)Explain why the act occurred: I am unaware.
4)Was there a company policy or rule: I am unaware
5)Were you ever warned? No, I was told I was not the right fit for the organization. I did not receive a warning regarding this reason.
6) Did you know you could be terminated for not complying: I was unaware
7)Describe what you could do to prevent the circumstances: There were none that I was aware of.
Is this right? Or should I ask before the interview begins if my employer provided them with information? Or at what point should I say "ask my employer"....If Chyvan is unable to answer, feel free to post if you have information. I appreciate the information
The "ask the employer" response comes into play when you get an aggressive or disingenous interviewer. The aggressive interviewer without first having contacted the employer will get very confrontational and say things along the lines of, "you're lying. What really happened that caused you to get fired?" The disengenous one will try to be your friend and say, "oh come on. You can tell me. It's just us. I'm sure it wasn't your fault. You were working for a bad company. Why were you really let go?"
When you look at some of the questions, no matter what your employer told you or you think, you really don't know why you were let go. Think of the number of times you broke up with someone you were dating. Did you really tell them the real reason why?
The thing you want to prevent is if the employer doesn't respond, your response can be used against you. As it stands, "not being a good fit," is not misconduct or disqualifying, but under pressure, people sometimes say too much. My friend felt compelled to discuss his tardiness problem. The employer never even responded, but his claim was denied for the tardiness that he admitted to. Don't be like my friend.
Thank you for your prompt replies. I agree with your strategy, and your thoughts and mine are in alignment. I have a few more inquiries:
1) Should I ask the interviewer if my employer has protested and if they were already interviewed prior to starting?
2) What if the employer provides the 6 pages or warnings. Will I look deceitful, even though I was honest that they did not provide a warning regarding my "fit for employment?"
3) How did my sample interview look to you? Do you have an specific suggestions?
Please note: The employer stated she would not fight unemployment. She also told me I would get paid for the full day of the discharge, and this did not happen. I can't say that I trust her, but I don't know that she is fighting or appealing it. It would be helpful to know this for fact, but at this point it's nothing but speculation.
Additionally, keep in mind the warning was on 4/24/13, Terminated 5/3/13. And, I trained the replacement that they put into my position. I have a 2012 good review from the director on file, as well as, a participant feedback survey from the company that I can fax to the interviewer. Should I do this?
One last thing--I work alone. My boss and my coworkers do not work with me. How they can prove misconduct I do not know. In a two year period of time, I've only met with my supervisor 4 times for 30 minute increments. She doesn't know me or how I work. Should I include this somewhere or no? I'm going to write out my statements so I am prepared, and want to be concise and specific with my ammunition. If this is unnecessary, I'm fine with that--again, don't want to be too chatty (I get that.) Thanks!
You can't worry about the interview. In the big scheme of things, the interview is the least of your worries. The interview is only the first step in the UI process. For some, it ends there. What you don't want to have happen is that stuff in the interview can adversely affect you in an appeal, and if it goes that far, the appeal is where it counts.
Interviewers can deny people because they're having a bad day. They're not your friend. You'll never deal with them again. In the appeals, the ALJs tend not throw their weight around. They are constrained by 60+ years of case law and interpretations from 50 other jurisdictions. Because their decisions can be reviewed by their peers, they are much better at being fair.
From everything thing you said, you should not be denied benefits, but you just never know what the employer is going to say. However, exposing an interviewer to that paperwork can prejudice them against you.
If the employer submits the 6-page warning, it might make you look bad to the interviewer (so what), but an ALJ would view it more like I do. You never got a warning about being a "good fit," not being a "good fit" is not misconduct, and the dates you presented would also mean that even if it was misconduct, you weren't given enough time to make all the improvements that were required of you.
The 6-page warning comes in handy if the employer goes off on some crazy tangent. It's possible (unlikely) they are lining up a bunch of witnesses to say you stole money from a cash register. With the 6-page warning, it would really cast doubt on that potentially trumped-up, employer story. So, set it aside, and don't worry about it for now.
Regarding the performance review and participant feedback, save that for an appeal hearing if it gets that far. If you give it to the interviewer now, and it goes to an appeal hearing, you can be sure the employer will be digging up rebuttal stuff to negate it.
The thing to remember is that you don't have to prove squat. You only have to defend yourself if an accusation that rises to the level of misconduct is made against you, and even then, it has to be backed up with a first-hand witness, documents, or you admitting to it.
Quote:
Originally Posted by FitnessAdvocate
Chyvan,
One last thing--I work alone. My boss and my coworkers do not work with me. How they can prove misconduct I do not know. In a two year period of time, I've only met with my supervisor 4 times for 30 minute increments. She doesn't know me or how I work. Should I include this somewhere or no? I'm going to write out my statements so I am prepared, and want to be concise and specific with my ammunition. If this is unnecessary, I'm fine with that--again, don't want to be too chatty (I get that.) Thanks!
Great information, and I completely agree. I can't believe that the adjudicator can just deny you for no reason. I was actually wondering how they base their final decision. I would assume that even if the employer claimed (lied) I did something that was misconduct, they would have a burden of proof. But, it sounds like if the employer argues it, it's simply their word against mine, and the adjudicator can simply choose to approve/deny me. If denied, I have to wait another couple of months for another interview. I'm really hoping that the supervisor is not evil and does not protest.
Am I right in saying that the adjudicator does not have to have proof of misconduct from the employer?
Last question, do you have any idea how long it takes the adjudicator to make a decision? Thank you so much for all of your information. It is a very stressful situation to be in and is extremely helpful to receive good advice and discussion.
You don't get a second interview. You have an appeal hearing. Appeal hearings require something more than hearsay or an unfounded accusation.
No, they don't have to have proof. They are free do whatever they want. The reason being is because if you disagree with the decision, you can appeal it.
Hope for the best, prepare for the worst. It took me 363 days from filing my claim until I got all my money, but I had a complex issue. The worst you've got to worry about is that you have an employer that "might" lie. Not all are so sleazy.
The great thing about the interview/appeal concept is that if you get denied by the interviewer, you'll get access to all the interviewer notes/documents, and you can do a bang up job in the appeal where it really counts.
The downside is the waiting for the process to run it's course. Even then you can make it work or you. During my 363 days, I qualified for food stamps, lifeline phone service, liheap, a low-income utility discount, and $8,500 in insulation, new energy efficient appliances, and the replacement of my 26 year-old heat pump. I got a lot more food stamps because I had NO income during the wait, and after I got the decent-sized payout, I didn't have my benefits recomputed because of the lump-sum payment. My long wait was a blessing in diguise.
Quote:
Originally Posted by FitnessAdvocate
Am I right in saying that the adjudicator does not have to have proof of misconduct from the employer?
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