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Old 10-14-2014, 09:18 PM
 
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I have to ask you one question;
You were partially basing your BoR appeal on the "hearsay" evidence use. However, I noticed you mentioned earlier that it was hearsay because it was a'their word against your word".
So, my questions is, why did you go to the BoR with hearsay as the appealable issue? Is there more you didn't tell us about the testimony?
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Old 10-15-2014, 05:52 AM
 
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I can file a petition against the Commissioner in the superior court of the county where I was employed. I'm not sure about the process of how to do it. I have 15 days to do so before the decision becomes final. I have to do some research first.
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Old 10-15-2014, 12:34 PM
 
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Rabrrita, What was said in the hearing was basically that a one point I was an excellent worker and that I failed to perform a task that was supposedly told to me sometime in 2011 and 2012 to do. I have no recollection of the so called meeting taken place or even told that I was going to be terminated if it was not done (if I were told that I was going to be terminated rest assured it would have been done)when they asked my employer when was I told they just gave a year no specific date(s) or documentation of being wrote up. I must admit I was totally shocked what was said about me l and how the appeal was done I could not think straight!?!?
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Old 12-20-2014, 04:51 PM
 
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I believe regardless of the stage a claim is at it will be denied. My appeal with hearing officer was denied based on evidence the employer's witness testified he had. She even asked why the company didn't send documents. Answer she got "Just didn't" According to rules; before the business records could have been entered into the hearing two different witnesses 1.identify business record 2.explain how record maintained 3.testify the record is made at the time of event 4. ask the Hearing officer to enter it into the record. None of this was done but this is what decision based on.
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Old 12-20-2014, 05:43 PM
 
Location: Wisconsin
25,580 posts, read 56,482,264 times
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Quote:
Originally Posted by 2sonsrme View Post
I believe regardless of the stage a claim is at it will be denied. My appeal with hearing officer was denied based on evidence the employer's witness testified he had. She even asked why the company didn't send documents. Answer she got "Just didn't" According to rules; before the business records could have been entered into the hearing two different witnesses 1.identify business record 2.explain how record maintained 3.testify the record is made at the time of event 4. ask the Hearing officer to enter it into the record. None of this was done but this is what decision based on.
In your case, it is a regional thing. Many southern states will often ignore the law and rules of evidence to disallow a claim. File an appeal with the Board of Review. You will need to document, clearly, the above in your appeal brief. Don't give up. If you lose at the BOR and your rights and the law were clearly ignored, take it to the Circuit Court level.
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