Please help. Unemployment appeal denied because boss lied. (file, receive, claim)

[flowersnsuch]

Thank you for reading, I am in serious turmoil and need help figuring out if this is worth fighting?

I worked with this company from August to November 2014 as a receptionist/office assistant. SC is an "at will" state as well. I want to know if there is anything I can even do in this situation: I applied for unemployment benefits as soon as I was let go from my position and received a letter in the mail stating my most recent employer wanted to deny my benefits for "Performance and tardiness". Now, I live 5 minutes away from this company and always arrived on time and sometime even 5-10 minutes early. I was never formally trained on my work and had to figure it out myself. This company has a high turn-over rate as well, the lady they hired to replace me quit the very next day. The reason I was let go from my position was "I was not fitting in with the environment and employees" and I had accidentally sent about 30 emails to clientele with the wrong template(this only happened once, but my ex-boss states it happened numerous times). All the employees there liked me and were sad to see me go, but that was their excuse. I admit I did send the wrong template by accident but had repeatedly asked to be trained/attend classes to help me understand the work better-these attempts were ignored. Also, my ex- boss did not let me go, a co-worker did(he was not in management at all). I did not receive anything in writing(I don't know if this matters) and my boss had actually left that morning to avoid speaking with me at all. This company is family run and I could not speak to any HR at all about any problems I was having there. I have terrible anxiety and going to work there every morning was awful as my boss was a complete micromanager and would call/watch cameras and if she saw us "doing anything wrong" would come over and demand to see what we were doing(this would happen multiple times a day). She once even yelled at me for waiting for my computer to boot back up(ALL of our work is done on the computers).
We had to speak with clients everyday-phone/email and I would be on the phones exactly at 9 am. She lied and said I would not bother to contact the clientele and ignore them. Our numbers were higher/contact rate was up when I worked there(I had some of the highest percentages as well). My ex-boss was constantly bullying me-calling me out in front of other employees and basically saying I was stupid for not knowing where papers were when nobody had showed me, she made me wash the bathroom floor with a rag when we had a mop, and also brought more anxiety to me by constantly standing behind my shoulder watching me. We were not allowed to clock in "a minute before 9 and not a minute after 5"-Office managers words exactly. I would often stay about 5-10 minutes after 5, off the clock to help out. I did sign an employee handbook stating within 90 days you may be discharged with sufficient cause. Ex-boss did not follow any procedures correctly and instead seeked to terminate my position instead of figuring out solutions. Ex-boss said she gave me multiple verbal "warnings" about my tardiness but could not provide dates. Ex-boss also said she and her husband has given me a warning about a week before I was let go. They did speak with me about a week before I was let go, but it was not a warning. They told me that if I had questions to please ask, and they're here to listen if I'm having issues with anything/anyone, etc.
When we had our appeal over the phone my boss had her son and friend as her witnesses(they all work there). They lied for her saying they saw me come in late, they had to stop what they were doing to help me, etc. I received my decision letter in the mail today with me being denied and having no benefits, it also said I admitted to being tardy and not performing my job-which I NEVER said, that's a lie. The phone conversation was recorded. I had no witnesses as one co-worker I spoke with did not want to be involved in fear of losing her job as she would have to speak on the phone on my behalf. I am at a loss and do not know if this is worth appealing again. Thank you so much for any advice and reading this once again!

[Chyvan]

The appeal that is recorded is the most important. The time for you to have gotten help was BEFORE that hearing. You can certainly write another appeal, but it will be based off the recorded hearing. The odds are decidedly against you at this point whether the employer lied or not. The job of the judge in the first hearing is to decided who is telling the truth and who is not.

[Ariadne22]

Clearly you were railroaded.

Water over the dam at this point, but given the fact that this was a:

(1) TELEPHONE HEARING wherein it is so easy to lie and the judge cannot judge credibility face-to-face nor are you given the opportunity to look the witnesses in the eye and ask questions - AND that

(2) this is South Carolina, not a good state for claimants - and

(3) the type of employer you had,

you should have retained an attorney. At the very least, he might have been able to get an in-person appeal hearing at which you/he would have had a much better chance to interrogate the lying witness - and their credibility, or lack thereof, would have been on view. You had no chance of a win under the circumstances.

Your only other option now is to file an appeal, rebutting in your brief item by item the transcript of the appeal hearing. If you can afford it, hire an attorney. I don't give you much hope there, either, this being SC. Otherwise, you are pretty much done.

A better option might be filing an appeal - AND - then a letter-writing campaign, as follows:

1. emailing your state representative about this farce of a proceeding,
2. copying the governor, as well as
3. filing a complaint with the SC DOL re its procedures and possibly
4. filing a complaint with the State of SC AG on improper hearing as a rights violation and
5. definitely an email to the USDOL on SC unemployment insurance practices. with copies to the SC governor, SC AG, and head of the UE division in SC.

At this point you have nothing to lose. This type of story makes me see red. You'd be surprised what a letter writing campaign can accomplish. When I get on a letter-writing tear, I always get results. Make the effort.

Good luck.

[flowersnsuch]

Thank you so so so much for your reply! I wanted to see about what my options are from here. I can't let evil lying people get away with this-it's not fair or just. How do I go about filing a complaint? Writing a letter...? As in, what do I include, what do I ask of them, etc. I am not very knowledgeable of the law in the state of SC. If you could also explain what "improper hearing as a rights violation" means/break it down for me I would appreciate it! I don't have any money, especially not for an attorney I want to make sure if I send a letter out it has all the information it needs. I would appreciate any more advice you could give me, I tried so hard at this job and for them to flat out LIE makes me sick. I was surprised to see how many people this has happened to!

[Ariadne22]

Originally Posted by flowersnsuch

How do I go about filing a complaint? Writing a letter...?

As in, what do I include, what do I ask of them, etc.

OK, I have reworked your original post. Start by sending the following email to your SC state representative. You can find who that is, here:

South Carolina Legislature Online - Find Your Legislators

with email copies to the Governor and the head of SCDEW. This is what you say:

Your subject line should read: Rights Violation at Unemployment Telephonic Appeals Hearing, Dept. Lied in Its Decision Letter to Me.

Dear Sir:

I recently lost my job. My application for unemployment benefits was denied. I appealed, was given a telephone hearing on "x" date, and denied again, due to NUMEROUS employer lies - and UNBELIEVABLY - a complete fabrication of my comments at this appeal hearing in the letter of denial I received from the South Carolina Department of work, copy of which is attached:

Here is the chronology:

Background/Hostile Work Environment:

• I worked for [NAME OF COMPANY] from August to November 2014 as a receptionist/office assistant.
• The reason I was let go from my position was "I was not fitting in with the environment and employees."
• I did sign an employee handbook stating within 90 days you may be discharged with sufficient cause.

Boss [provide name of boss] was a complete micromanager and would call/watch cameras and if she saw us "doing anything wrong" would come over and demand to see what we were doing (this would happen multiple times a day). She once even yelled at me for waiting for my computer to boot back up (ALL of our work is done on the computers).

My ex-boss was constantly bullying me-calling me out in front of other employees and basically saying I was stupid for not knowing where papers were when nobody had showed me, she made me wash the bathroom floor with a rag when we had a mop, and also brought more anxiety to me by constantly standing behind my shoulder watching me.

Result: I have terrible anxiety and going to work there every morning was awful.

I was never formally trained on my work and had to figure it out myself. This company has a high turn-over rate as well, the lady they hired to replace me quit the very next day.

South Carolina Department of Work Lies: SCDEW Decision letter dated __________ (copy attached) said I admitted to being tardy and not performing my job.

Truth: I NEVER said this at the phone hearing. This is a LIE. The hearing phone conversation was recorded. There can be NO RECORD of my ever admitting to being tardy. I did NOT say this. Further, I never admitted to not performing my job. I DID admit to a one-time, accidental error. See below.

THIS IS AN OUTRIGHT LIE AND VIOLATION OF MY RIGHTS TO A FAIR AND ACCURATE HEARING AND DECISION BASED ON THE TRUTH - not based on lying witnesses and an obvious mischaracterization/outlight lie by the SC DEW of my testimony at this hearing.

Employer Assertions/LIES:

Lie: tardiness." Ex-boss said she gave me multiple verbal "warnings" about my tardiness but could not provide dates.

Truth:

• I live 5 minutes away from this company and always arrived on time and sometime even 5-10 minutes early.
• We were not allowed to clock in "a minute before 9 and not a minute after 5"-Office managers words exactly.
• I would often stay about 5-10 minutes after 5, off the clock to help out.

Performance:

Employer Lie: I failed to contact the clientele and would ignore them.

Truth: I would be on the phones exactly at 9 am. We had to speak with clients everyday-phone/email. Our numbers were higher/contact rate was up when I worked there (I had some of the highest percentages as well).

Employer Lie: My ex-boss stated I made an error numerous times).

Truth: I had accidentally sent about 30 emails to clientele with the wrong template (this only happened once.

I admit I did send the wrong template by accident but had repeatedly asked to be trained/attend classes to help me understand the work better-these attempts were ignored.

Employer Lie: Warnings - Ex-boss also said she and her husband has given me a warning about a week before I was let go.

Truth: They did speak with me about a week before I was let go, but it was not a warning. They told me that if I had questions to please ask, and they're here to listen if I'm having issues with anything/anyone, etc.

Employer Witness Lies: When we had our appeal over the phone my boss had her son and friend as her witnesses (they all work there). [clear conflict of interests]

Truth: Witnesses lied for her saying they saw me come in late, they had to stop what they were doing to help me, etc. Again, I live 5 minutes away. I was NEVER late.


[Mr. Representative - fill in name], I am hopeful you can investigate this, have SCDEW reverse this determination, and schedule an IN-PERSON (not telephonic) hearing, where I and my attorney will be able to query the witnesses and demand proof of the assertions made - tardiness, warning, intentional poor performance. The employer is required to provide evidence of intentional misconduct and rules violations - not lies from witnesses with a clear conflict of interest - i.e., her son and another friend.

I am hopeful this can be resolved fairly and honestly. In the event it is not, I intend to file a complaint with the State of SC Attorney General, State of SC Department of Work, and the United States Department of Labor, citing misfeasance on the part of the SC DEW in its misrepresentation of my testimony at the appeal hearing - and the decision citing this misrepresentation as a basis for the decision.

Vty,

******

Provide all your contact information, phone number, etc. You should hear back within a day or two. Keep all the red and black bold text - just cut past this into an email, making edits where you think appropriate. I intentionally broke everything into separate categories and paragraphs for easier reading. Be sure it stays that way.

Additionally, call an unemployment attorney, explain your predicament. You may find a sympathetic ear. Also, visit your Legal Aid people. Someone there might be able to help with letters to you State AG, and USDOL, should it come to that.

Also, should you not get help from your state rep (but I think you will), CALL and email the US DOL in DC. Some people have had very good results. Sometimes the USDOL will assign someone to look into your situation - even though federal benefits aren't involved at this point.

A telephone hearing with verbal testimony from a bunch of liars, compounded by complete fabrication in the decision by the SC DEW, is nonsense .

You deserve at least an in-person hearing and a decision not based on lies.

[flowersnsuch]

Oh my goodness, you are a life saver. Thank you so amazingly much for taking the time to write out that letter. I appreciate that. I think I will file an appeal and see how this turns out(although my nerves are going to be awful if we have an in-person appeal and I have to see them). My question now is, how do I go about getting an attorney? I have no money to hire one, and fear I might lose my second appeal if I go at it alone with no attorney. Is there any way I can get some sort of legal aid in SC? I don't even have my own health insurance at this moment. Sorry, I think you may be able to help me with this. Thank you in advance.

[Ariadne22]

Originally Posted by flowersnsuch

I think I will file an appeal and see how this turns out(although my nerves are going to be awful if we have an in-person appeal and I have to see them).

It is unlikely you will get an in-person appeal. If this is your SECOND appeal, you file an appeal request which, if granted, is normally a Board of Review (BOR) appeal. For that you will need to write a legal brief. Oral arguments are very rare at BOR's. From SC:

What If I disagree with the hearing officer's decision?
If you disagree with the hearing officer's decision you have the right to appeal to the appellate panel.

The appellate panel acts as a board of review and is confined to the record developed during the initial hearing.

The appellate panel cannot consider new evidence or testimony.

You may file an appeal to the appellate panel by completing an appeal Application for Leave to Appeal to the Appellate Panel Form (APP-111) or writing an appeal letter detailing your disagreement with the determination. Your appeal form or letter must include the claimant's name and Social Security number.

Your appeal must be filed within 10 calendar days of the mailing date listed on the appeal tribunal decision. If the 10th day falls on a weekend or recognized holiday, the appeal period extends to the next business day.

Appeals may be submitted by mail or fax using the information listed below.

Address:
South Carolina Department of Employment and Workforce
Appellate Panel
P.O. Box 1752
Columbia, SC 29202
Fax: 803.737.3166

Who is the appellate panel?
The appellate panel is comprised of three members who are elected by the General Assembly to serve four-year terms. Though housed in the appellate division of DEW, the panel is separate and distinct from DEW.

The panel’s sole function is to rule on appeals of decisions made by the administrative hearing officers.

Click here to view the 2012-2016 appellate panelists.

How will the appellate panel consider the appeal?

The appellate panel may rule on an appeal with or without an oral argument. The appellate panel will mail the parties a hearing notice detailing the date, time and location of an in-person oral argument.

The appellate panel conducts oral arguments only in Columbia.

http://www.sces.org/appeals.asp

I would be unusual if this appeal allowed an oral (in-person) argument.

That's why you need to contact your state rep - in addition to filing an appeal request. He may be able to exert some pressure to get SC to revisit this ruling - on the basis of the ALJ decision citing statements you NEVER made - in effect lying and basing a decision on facts/statements not in evidence.

To make this whole fiasco go away, if you're lucky, SC might just overturn the ruling, grant the claim, and not charge the employer's account, and pay the benefits out of state funds, instead. Each state does have discretionary funds.

It's a long-shot, but not an impossibility - especially since the statements by the ALJ in the decision were lies - and are not on the record. That ALJ is definitely guilty of malfeasance - defined as

wrongdoing, especially by a public official.

You need all the help you can get - especially in South Carolina. Start rattling the government cages.

Originally Posted by flowersnsuch

My question now is, how do I go about getting an attorney? I have no money to hire one, and fear I might lose my second appeal if I go at it alone with no attorney. Is there any way I can get some sort of legal aid in SC?

Do as I told you. Pick up the phone and start making calls to unemployment attorneys or Legal Aid in your area. Also, call your local Bar Association - they may have a list of attorneys willing to do "pro bono" (no fee) work.

[flowersnsuch]

I thought I would post an update to my situation since I have decided to take your advice. I have filed my 2nd appeal(paperwork was faxed over this week, have yet to hear of news though). I also contacted my state rep and send the email you had written me with a few things added/taken out. I received a reply stating they would look into the matter(this was about 2 days ago). I haven't contacted the governor, SC DOL, State of SC AG, or USDOL as I'm not really sure what to speak to them about and how to go about explaining my situation. I don't have any sort of knowledge on their practices, laws, etc. Otherwise, that's it. Just thought I would give an update and see if there is anything else I can do to not let me ex-employers get away with being liars. Thank you.

[flowersnsuch]

Also, forgot to mention I have also applied for some sort of legal aid in my state. They decided to take an "intake" on my situation but say there is no guarantee I will be accepted. I really hope I am accepted as I think I would have a better chance at winning my case, understanding the laws, etc. I should hopefully be receiving information in the mail from them soon. I also am going to speak with a caseworker(?) in the area about my situation when she returns to her office next week. Thinking and hoping for the best.

[Ariadne22]

Thanks for the update. You are on the right road.