Another employer says I quit post (employee, appeals, status, attend)

[Chyvan]

Originally Posted by Koshkamoya

First, says I voluntary quit (looks like they took the word of my employer)

You don't really know this. Until you get the hearing packet, it could be that the deputy made it all up out of thin air (I know because my deputy didn't contact me or the employer for any clarification on anything but made up a story that sort of fit with the written narrative but was all wrong)

Originally Posted by Koshkamoya

and also availability for full-time work was a disqualification too.

No surprise. You say school and think you've got it all figured out, and that's what happens, but it can be overcome on appeal.

Originally Posted by Koshkamoya

Any advice?

The real advice won't come until you get your hearing packet and have access to the deputy notes.

Originally Posted by Koshkamoya

Should I start the appeal now? I really don't want to see my former employer in court because I know the husband will show up, can I ask for a phone hearing? I really want no contact with my former employer they screwed me over again now with unemployment.

You need to really think about this. I always tell people to go for in-person because the probability that the employer won't show is greater. The telephone hearings take nothing but them sitting at a desk and taking a call.


You also need to realize that your employer may have had NOTHING to do with your denial. It could be your own words twisted against you by a deputy that thinks you won't appeal.


It's not court. It's a conference room.


To get an appeal, just submit "the determination dated mm/dd/yy is wrong. I want an appeal hearing scheduled." The default is a telephone hearing and you don't have to request it. If you want an in-person hearing, then you take advantage of the disability section. You say that you are hearing impaired and that you must be able to see lips move and facial expressions for full comprehension. It's never failed to get a claimant of mine an in-person hearing, and on my anecodatal experience, 75% of the employers don't show, and it's an easy victory.

Originally Posted by Koshkamoya

** Just filed an appeal online, going to call them on Monday to see if I can do a telephone hearing. I really hope I don't see my former employer

You don't have to call, you'll get it by default, but you've actually only increased the odds that the employer will show.


Also, if you're going to go ahead and keep jumping the gun, you might as well not bother getting help. Once you take a course of action in writing, you won't be able to undo it. The whole point of getting help BEFORE you do something is so that you don't unnecessarily complicate things which claimants do way too often because they just don't understand how the system works.

[Koshkamoya]

Chyvan - How did I increase the odds of my former employer coming? I know he will show up because he just has all the time in the world to show up. Is the conference going to be so that my former employer will be able to hear me and I able to hear him? because if that is so, I feel like we will argue.

Why would the deputy decline unemployment? That is strange unless she has something against me?

I am looking for help because now I know it's denied I just want to know what to expect and what to say.

[Chyvan]

Originally Posted by Koshkamoya

Chyvan - How did I increase the odds of my former employer coming?

It's easier to take a call, then to get in car, find a precious parking spot at the appeals offices at 19th Ave and Camelback, then spend up to an hour and a half there, and then have to drive home.

Originally Posted by Koshkamoya

I know he will show up because he just has all the time in the world to show up.

He might or he might not. He might have a HORRIBLE presence while in front of the judge.

Originally Posted by Koshkamoya

Is the conference going to be so that my former employer will be able to hear me and I able to hear him? because if that is so, I feel like we will argue.

Sort of. It's actually because it's your right to face your accuser. He needs to be under oath and subject to cross examination. The judge will assess credibility by the spontaneity of his answers and his body language. Over the phone, much of that is lost.

Originally Posted by Koshkamoya

Why would the deputy decline unemployment? That is strange unless she has something against me?

When you get your paperwork for your hearing, and we discus things, we'll decide just what happened. From my own story and from others, there are deputies that will deny benefits with no proof or made up reasons. Happened to me. Deputy notes say that I was called and so was my employer. Well, I know I wasn't called, and I had a friend call the UI cost control rep to see if they'd gotten a call and they said, "there's no record of any call." The deputy made up my entire denial. When it happens once, and you know it can happen, you approach things from two angles: it could be the employer, or it could be a lying deputy that didn't want to put in the proper amount of work because it'd have made her late for lunch.


The deputies do not get in any trouble denying your benefits and letting it get sorted out on appeal. I have a feeling they get called into coaching sessions if they let money leave the building, and it has to be retrieved via an overpayment collection.


She doesn't have anything against you other than you're not worth getting in any trouble over.

Originally Posted by Koshkamoya

I am looking for help because now I know it's denied I just want to know what to expect and what to say.

You were supposed to say next to nothing, but you already have. Type in the information from the hearing packet, so you don't make things worse than you already have. Everything and anything that you put in writing, you have to live with.

[Koshkamoya]

Ok, once I receive that in the mail, I will post it. Hopefully everything works out. :/

So my former employer will be able to hear me and argue with me? Or does the judge or whoever call him first, hear his side, then call me?

[Chyvan]

Originally Posted by Koshkamoya

So my former employer will be able to hear me and argue with me? Or does the judge or whoever call him first, hear his side, then call me?

I don't know what you think this is. It is a HEARING. There is a judge there, there will be you there, your employer might be there, your witnesses if you want to bring some, your attorney if you want to hire one, and the employer can bring witnesses and an attorney also.


However, we can get into the procedure stuff AFTER I read what comes in your hearing packet. I have a feeling that most of your work will be trying to reslant damning things you've already said.


Before things get too old, starting printing your phone records from before until just after your last day from both your cell and home phone.

[Koshkamoya]

Ok I will make sure to post that as soon as I receive it. Why do I need to print out phone records? Between my employer and I?

[Chyvan]

Originally Posted by Koshkamoya

Ok I will make sure to post that as soon as I receive it. Why do I need to print out phone records? Between my employer and I?

Because I'm hoping that the employer might have stated in writing that you called on such and such a day, and when you have phone records with NO call, you'll prove the employer as a liar, and all his testimony will be tainted from that moment on.

[Koshkamoya]

I'm not too sure what the call logs will prove? She fired me in person and everything was done in person. I have some text messages from her husband, like the 2 most recent ones I posted about previously, I guess I can print those out? Come to think of it, I never spoke to them on the phone. I have texts saved from the wife, but I don't see how those help either. It's basically a text saying she is upset with my about a schedule change.

[Lindsey_Mcfarren]

Personally, I would confirm what the law is in the state you live in and if allowed, I would record any conversations with superiors at my job. I would retain copies of reviews and any emails on the subject of my performance. I have had a bad experience and its always best to cover your ass. It sounds like he was trying to manipulate you into leaving and not have to pay your unemployment. If it was really about your performance, he would have hired someone else to replace you. He probably knew he had to let someone go and figured you were the easiest to manipulate.

[Koshkamoya]

Hi Lindsey-Mcfarren, I have absolutely no phone recordings because I never spoke with them over the phone, I don't talk to them anymore and I am ignoring the husband's texts to me. There are no written reviews, I got a pay raise, but that's not really a written review.

It is a small animal practice so they had their own way of running things. Well, the wife is the one who fired me like I said in previous posts, her husband was not in the room, but he was giving the statements to the unemployment interviewer. Things have been building up over the months recently where I felt like she did not like me anymore. She would make little remarks here and there. She never pulled me aside personally to say I did anything wrong recently, she did this once when I first started there.

I think there is more going on and that is why she wanted me to leave. I actually liked to work there, aside from seeing her everyday practically.I was planning to work there even after I graduated college, so I wasn't planning on quitting.

**My friends know the story and all the details and feel like she didn't like how I had nice stuff, I guess the car I drive is really nice, but it was a gift from my boyfriend. This is when everyone (my friends) noticed different behavior from her (when I got a new car). Not saying this is why I was let go, but her behavior did change after I got it.