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I had my hearing last week and the ALJ reversed the original determination/ruled in my favor! Really happy about it but I have a feeling my employer's unemployment lawyer will try to appeal.
This site has some wonderful information and I want to share some of the things I did/learned that probably helped.
1. The interview is pretty much a crap shoot. My interviewer was rude and basically wanted me to answer the questions the way he wanted to hear them. When he finished, I already knew I was going to be denied. Don't be discouraged by a denial.
2. Apply for the appeal ASAP. Follow the suggestions given by Chyvan on how to appeal. Don't write anything else!
3. Gather as many records as you can that you think may help. I printed out text messages, phone records, and my phone bill. Of course there's two sides to each story but if you can back your story with written records, it helps your claim immensely. I didn't mention the records until the right moment (keep your cards close). I ended up only having to present a copy of my phone records. Make sure you have 3 copies.
4. Don't be afraid to argue your case. My previous employer hired a lawyer who asked some pretty leading questions but I asked for clarification which allowed me some time to think and also for him to rephrase the question in a way that would give a more favorable response to my case. Stand your ground. If something they say doesn't sound right, you can and should bring it up. However, remember to focus on the incident that lead to the termination. Don't bring up something that happened 2 years ago that is irrelevant.
5. Review your file. My employer went in a completely different direction from when I was let go to their interview. Viewing the file gave me a heads up. The lady said I should have received all the documents. I hadn't. Based on my file, I reviewed my employee agreement and had those things prepared for the appeal. Thanks again Chyvan.
6. Don't shoot yourself in the foot. Say as little to make your point and make sure you know your own story.
I have a feeling my employer's unemployment lawyer will try to appeal
The next appeal is nothing like what you just went through. It is in writing and is a review of the record. The standard is to uphold the decision from the ALJ unless it was abitary or capricious. At this point the system cuts heavily in favor of the prior winner.
The hearing you just won was the MOST important one.
I am waiting for my appeal date now in the meantime I was fired via text message or rather my job was dissolved and all my duties give to other employees per the owner. I was give no reason other then the owner is dissolving my position as a manager with no future manager at her clinic. When I tried to call the owner regarding the situation she did not answer only repeated text messages of which I did not answer as I do not feel text messaging is professional or the proper way to fire or dissolve an employees position. I have been advised that the owner turned in text messages from me implying I quit which is untrue. How do I prove that I did not text her and how could possible turn in text messages that I did not send??? Any advice on how text messaging will be viewed at my hearing would be greatly appreciated as I have never been to a hearing before. Also, should I mention that when I was hired the owner "repeatably" changed my tax status to 0 while training me to do payroll on Quickbooks instead of 1 of which I filled out my forms to claim my taxes she kept telling me as a manager I should be 0. After 3 attempts to change my taxes by her I finally had to show her my forms that I want to claim 1 as I always have.
Also, should I mention that when I was hired the owner "repeatably" changed my tax status to 0 while training me to do payroll on Quickbooks instead of 1 of which I filled out my forms to claim my taxes she kept telling me as a manager I should be 0. After 3 attempts to change my taxes by her I finally had to show her my forms that I want to claim 1 as I always have.
No, because it has nothing to do with why you're not working there anymore.
When I tried to call the owner regarding the situation she did not answer only repeated text messages of which I did not answer as I do not feel text messaging is professional or the proper way to fire or dissolve an employees position.
Did you receive the message? If you did, it's acceptable. An employer can fire you in person, via email, on the phone, though the mail, by text, or use a bunch of dancing unicorns in a chorus line. What you feel is professional has no bearing on if the message was transmitted to you and received by you.
Quote:
Originally Posted by kim6955
I have been advised that the owner turned in text messages from me implying I quit which is untrue.
Quit can be via job abandonment which can be a tricky trap. Lets say the owner said they were dissolving your position but never gave you a last date or said to not come back. Technically, your still employed and need to report to work. But, if you took it to mean your finish at that moment and never reported back to work, your employer could try job abandonment. So exactly what did those messages say?
Quote:
Originally Posted by kim6955
Also, should I mention that when I was hired the owner "repeatably" changed my tax status to 0 while training me to do payroll on Quickbooks instead of 1 of which I filled out my forms to claim my taxes she kept telling me as a manager I should be 0. After 3 attempts to change my taxes by her I finally had to show her my forms that I want to claim 1 as I always have.
Cheyvan already provided the correct answer to this
Now, until this is resolved, make 100% sure you preserve those text messages and your phone logs in hard copy and in their original state on your device.
Thank you so much for responding and for your advice that clearly makes me realize I'm out of my element as I do not have her text messages saved as I mentioned I'm not a texter and my iphone removes messages after a certain amount of time of which I just learned from my 17 year old son. I'm old school, a 50 year old single mom that had happily gotten that job after a year off to help my sons (14 & 17) with school. I used all my savings to help them of which I don't regret for one minute but with that needed to return to work to pay the bills as I am the sole provider for them, no other income, no child support just a mom doing the best she can. But now after posting help regarding my situation I now know she is "traping" as you mentioned. It all makes sense now as when I became the manager it was my job to open all the mail along with all my other duties. The owner, my boss not only had EDD forms coming in for previous employees but response forms to a filing with the police department as the previous manager before she hired me (the person she chose over me) was stealing time from her so she pressed charges. As a manager it is my job to adjust all employees punch in times when they are late or forgot to clock in along and apparently this woman was adjusting her own times and was rarely there. Trust me when I say it was NOT an easy adjustment to become her/their manager as I was not only watched like a hawk everything I did was monitored by the staff daily. Now in hind sight those should have been my red flags.
Wow, how things have changed. I personally have had 2 jobs since 1999, I worked for the same company for 17 years, an amazing company where I grew as a person professionally and personally. Case in point this whole texting and such I don't get. Unbelievable she has the right to TEXT me dissolving my job because SHE forgot I was in a 2 day Quick books class that I had asked her to attend a month prior. She claimed I never asked her and was pissed cause I was not at the clinic. WOW!
Again, I'm old school and was raised right by my adoptive parents. Work hard, show up on time and be honest in everything you do which I now instill in my sons.
Thank you all again for your advice but now I feel scared to even go to the appeal, I'm too old for games! So, now I will hope and pray the right person or company will view my resume and scoop me up.
Have a great day ALL!!!!
Kimberley
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