MO Appeals case - Advice please (extension, file, receive, apply)

[MikesChevelle]

I was let go from my previous job for a policy that was never stated verbally or in writing. Secondly after hearing the policy upon being terminated, my circumstance didnt even apply to the policy they let me go for.

I worked for a cell phone franchise. I had a customer wanting to do an upgrade but didnt have the money, naturally I offered our companies trade in program and she declined, I was looking for a phone to replace my mothers with so I made a personal offer of more and she accepted. 3 days later I was fired, being told there was a policy against purchasing phones from customers. I figured there was in the handbook until a former co-worker pointed out not a single sentence in the handbook address that.

So I filed for unemployment and was granted it, then on the last day they could, they appealed my unemployment.

We had a phone hearing where both parties testified the exact same story (that I offered the trade in and then made a personal offer) except they said they verbalized the policy at a meeting to which I testified no such mention was ever made as well as testified that what I did doesnt fall under the "policy". The moderator asked my employer to explain the policy, They testified that they use the trade in program to take in phones, refurbish and re-sell for profit and do not allow employee's to purchase phones that should be traded in. I asked them to clarify that the policy pertains to phones accepted into the trade in program, NOT phones where the program was declined. My employer, not having an answer, decided to recite a different policy in the handbook about "representing the company" and that I made the company look bad by personally buying the phone.....

My unemployment was over turned even though I faxed in the entire employee handbook where no mention of the policy was ever made. It was over turned by stating that I disobeyed a clear policy. How ever the heck they concluded it was a clear policy is beyond me, but now I have filed appeal with the district court.

I filed all the paperwork along with a 2 page, typed paper stating my testimony as well as the facts that no policy existed, was provided, and that fact the policy they were trying to apply didnt even cover what happened, now I receive a notice back they I have to file a "brief" for them to review my case???

Can someone point me towards an archive of MO employment laws that I can look through? There has to be something that states that 1) a policy resulting in termination needs to be provided in writing. 2). verifiable proof has to be submitted to over repeal benefits, especially when the claimant submits documentation supporting their side of the story.

It just really peeves me that I followed all the guidelines for filing for unmeployment benefits, provided tangible evidence that no such polices were provided let alone in place. Then when my previous employer outlines the supposed policy during the hearing, and it doesnt even pertain to my situation, let alone cannot prove that policy wasnt made up 5 minutes before the hearing, and not only do they win the appeal, but the reasoning doesnt even include actual evidence the decision was based on!!!! Just states we side with them!

I know MO is not a right to work state but Im disgusted how poorly my unemployment has been handled.

PS I have long since started a new job, but since the appeals process take SO LONG and my former employer took forever to appeal I am on the hook for tons in repayment to the state

[Chyvan]

You have two paths you can go down with this one.

You can appeal the decision to reverse and

You can appeal the overpayment under equity and good conscience.

Both might do you good because since you already collected a ton and are working, not getting your benefits back, but avoiding the overpayment is almost as good.

How much time do you have to write the brief? That is a legal thing. Did they give you instructions?

To give you a rough idea, you don't really get to testify. You are attacking the decision. You can make the argument that was not substantial and credible evidence that the:

Policy existed

that you knew the policy

That you were warned

That it was material

That it ingured your employer

That it was uniformly enforced.

There may be other things that you can heap on, but it would sure help if you had a winning brief to work with so that you could do yours exactly the same.

Unfortunately, I didn't make it to the court system so you're on your own. I don't think anyone on here has gone to court on their own. The only one I remember is someone from IL that had an attorney, but it's still on going because the person was good at providing updates.

Just the same, please type in the "findings of fact" and the "reasoning and conclusions of law," there might be something in there that conflicts that you can work with.

[MikesChevelle]

They sent me a sample but, I did not stay at a Holiday Inn Express, so its confusing, the sample has numerous statute notations and law numbers. I just dont know where to start.

I wrote a pretty good argument when I filed but they have a format they want it in. I just dont want to do it wrong and have them reject it.

I have only a few days to submit it so I am applying for an extension for a week or so.

I could really care less about the month in back pay I would be owed I just dont want to have to come up with $4k, I make under $25k with a family of 4.

[MikesChevelle]

I have found a local law school that can offer to help with the brief.

[Chyvan]

That's great. You probably need to order the transcript to get help with writing the brief.

[MikesChevelle]

Well the local school got back to me that they cannot help as they are too busy..............GREAT!!!!