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I'm not so sure this will help, "I do not recall reading these documents." However, this, "I was told in the meetings was that they were aware I had a lot going on at home and they would continue to work with me," is very good and it would also help if you could refer to some exhibits with your scheduling or attendence/tardies that evidences that that is exactly what the employer did do what they said they would do.
You can't object if the person that wrote something is there to testify to it. Because they already submitted time cards, you can tone down your ojection to, "objection," and if the ALJ asks why, you can then say, "they brought other time cards but are now raising new occurences."
Ok. Very helpful. Thank you. I just watched a 30 minute video on youtube that goes through the hearing process. It had a lot of thumbs up for being accurate. I'm still nervous but I feel the best that I have thus far about my chances. Preparation is everything in these things and with your help I think I've done pretty well. My witness for the truck breakdown and ER visits are solid as a rock. The ex employee is nervous about it but I think she'll come through.
I have to discuss the additional absences because it is really the only way to tell the full true story so I will just have to lay out all of my cards and hope for the best. I can't promise I won't post a few last minute questions. Regardless I will post a detailed recap of the hearing and the eventual decision to try and help people in the future.
To anyone that finds themselves in a similar situation down the road I'd recommend getting active on this forum right away and whether you do that or not you should definitely take advantage of your states call centers and support numbers. Every employee I talked to was patient and helpful. In the case of Kansas they have a ton of really good info and support contact numbers on www.getkansasbenefits .com
Poke around their webpage. You might find insight into their techniques. Also, research your state. In my state, you can't use a rep from a UI cost control company. It has to be a real attorney, and I suspect these people can't afford to have a real attorneys on their payroll. They'll either contract out the work or if a phone hearing, they'll coach out of earshot of the phone. I know this because my employer used one. It was a phone hearing, and my supervisor told some else (I know, hearsay) that my supervisor was being fed the answers by the rep as the questions were asked. However, I still eventually won, so don't think they are any better than a well coached claimant.
Done deal. Found some interesting stuff. Also made a checklist of relevant issues and points I want to make. Rough outline of questions for my witnesses and cross examination question opportunities that may come up and then lastly I wrote out a closing statement I'm really happy with.
I don't expect your still up and I won't make it too much longer but please check your PM when you have some time. I will post more in the thread tomorrow.
"Examples of "Good Cause" to break a company rule include:
Illness (Thompson v UCBR 723 A. 2d 743 (1999)
Emergency (Porter v UCBR 450 A 2d 243 (1982)
Ignorance of the rule in question (Williams v UCBR 380 A 2d 932 (1977)
Vagueness of the rule (UCBR vs Bacon 361 A 2d 505 (1976)
For violation of a rule to be "willful misconduct" the rule must be fairly and consistently applied (Spirnak v UCBR 557 A 2d 451 (1989)
If your employer has tolerated rule breaking in the past your breaking the rule now may not be considered "willful misconduct" (Penn Photomounts v UCBR 417 A 2d 1311 (1980)
This was in Pennsylvania Unemployment Compensation Board of Review. Does this help me at all? Are these worth referencing? There is similar language a few places on kansas.gov site but not related to statutes or in the sections of legal language referred to in my initial decision.
No, now is not the time to do case law or cite anything. You use those case to make sure that you present evidence so that you if you have to appeal again to the board you can say, in Thompson blah blah, we had, and we have the same thing here.
The problem is that this is from PA, so it doesn't carry the same weight as when you find the same kind of case from KS.
No, now is not the time to do case law or cite anything. You use those case to make sure that you present evidence so that you if you have to appeal again to the board you can say, in Thompson blah blah, we had, and we have the same thing here.
The problem is that this is from PA, so it doesn't carry the same weight as when you find the same kind of case from KS.
Understood. My appeal hearing was continued due to needing more time. Instead of 45 minutes the new hearing length will be 90 minutes.
The referee was very nice and patient and was able to steer me through the process so that I was professional and didn't act in a way to hurt my case. He stated it was clear we will need more time and that the new date should be in roughly 2 weeks out. I have found all Dol employees to be very helpful.
I stated that if I had access to my work computer then I would be able to provide several examples where the rules I was fired for were not followed as well as copies of documents that I sent to upper management in regards to complaints made with my supervisors lack of training and presenting false information to Hr.
I'm not trying to go for improper separation and don't want to make things look worse then are needed but the referee stated to fax him my request so he could Subpeona the documents.
Last edited by AppealInKS; 10-02-2014 at 12:07 PM..
You never replied to my DM to let me know if you got the link that I sent you?
I have good news and bad news.. The bad news is that I think my employer may win by default because I won't be showing up to the continuation of the hearing. I think that means since they technically already won when I was denied benefits originally they'll revert back to that decision. Not sure?
Either way it's fine. I appreciate all of your help up to this point but I just got a great job offer that I'm jumping on. I will be starting the week that the hearing is scheduled for and the last thing I'm going to do is bother my brand new employer for time off to complete an unemployment hearing of all things. Anyway I'm actually relieved a little and happy to move on from this.
Thanks Again
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