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Old 08-02-2015, 03:17 PM
 
4 posts, read 3,978 times
Reputation: 11

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Hi all! I was terminated from my job recently that I was at for a little over a year and it was stated that I had poor work performance. I had never been disciplined in any way (Written or verbal). When I was let go my manager said that I was not qualified for the job. I had only received one review and it was 2 weeks before I was let go. It said that for the most part I was doing well, but there were a few things I needed to improve upon. I started work on improving of those things right away, but was let go 2 weeks later?? I filed for Unemployment Compensation benefits and was awarded them on being let go without just cause. My former employer then appealed that saying that the company did not know I could not meet the job requirements when I was hired. I won the redetermination again saying I was let go with no just cause. My former employer appealed again and I have my phone hearing this week. He now brought up stuff he said I did wrong (not even listed on my review that supposedly happened before my review) and this is the first time I’m hearing of most of it (not even listed on my termination). Again I was never written up, received any disciplinary action, or even given any time to improve on the few things listed in my review. Since he has no documentation I should be able to win again in the hearing correct. Is there any advice of anything I should do for the hearing?
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Old 08-02-2015, 03:35 PM
 
Location: Wisconsin
25,603 posts, read 56,675,208 times
Reputation: 23507
Quote:
Originally Posted by GoodGuy76 View Post
Hi all! I was terminated from my job recently that I was at for a little over a year and it was stated that I had poor work performance. I had never been disciplined in any way (Written or verbal).

When I was let go my manager said that I was not qualified for the job. I had only received one review and it was 2 weeks before I was let go. It said that for the most part I was doing well, but there were a few things I needed to improve upon. I started work on improving of those things right away, but was let go 2 weeks later??

I filed for Unemployment Compensation benefits and was awarded them on being let go without just cause.

My former employer then appealed that saying that the company did not know I could not meet the job requirements when I was hired.

I won the redetermination again saying I was let go with no just cause.

My former employer appealed again and I have my phone hearing this week. He now brought up stuff he said I did wrong (not even listed on my review that supposedly happened before my review) and this is the first time I’m hearing of most of it (not even listed on my termination).

Again I was never written up, received any disciplinary action, or even given any time to improve on the few things listed in my review. Since he has no documentation I should be able to win again in the hearing correct. Is there any advice of anything I should do for the hearing?
The company's efforts to deny benefits are laughable.
  • First, you weren't meeting performance expectations.
  • Then, when that didn't work, employer said it made a mistake hiring you.
  • Now, employer is citing earlier 'misconduct' about which you were unaware.
They will lose this appeal, too.

There isn't much for you to say at this hearing, because any earlier, undocumented 'misconduct' has no bearing on your later discharge. Just say you knew nothing about these new issues which were NOT the reason for the discharge, state you always did the best job you could, made efforts to improve, but were terminated anyway.

Actually, you could skip the hearing altogether as the employer's after-the-fact accusations should not be relevant at this point. But, I'm not a fan of leaving things to chance, so best you should appear - just in case.

What state are you in? It matters. A few states will shut the employer off when they pull stunts like this. Clearly, you aren't in one of them.
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Old 08-02-2015, 03:59 PM
 
4 posts, read 3,978 times
Reputation: 11
See these are the thoughts I had on the matter too. I have always strived to do my work 110%. And throughout my career anytime I have been given criticism I do my best to correct it immediately, as I really am a perfectionist. Why the company is even appealing is beyond me as they have ZERO evidence to back up their claims that I even did anything wrong. To answer your last question I am from Southwest Ohio.
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Old 08-02-2015, 04:27 PM
 
14,500 posts, read 31,208,015 times
Reputation: 2562
Quote:
Originally Posted by GoodGuy76 View Post
Why the company is even appealing is beyond me as they have ZERO evidence to back up their claims that I even did anything wrong.
It costs them money when you collect, and it's cheap to appeal. It's just dollars and cents.
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Old 08-02-2015, 04:44 PM
 
Location: Wisconsin
25,603 posts, read 56,675,208 times
Reputation: 23507
Quote:
Originally Posted by GoodGuy76 View Post
I am from Southwest Ohio.
Ohio UE - from what we hear - is pretty fair to its workers. The initial determination itself is a good indicator. Most states will deny for poor performance - won't listen to unintentional - and let you fight it out at appeal. You should be fine.
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