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Old 09-26-2017, 08:24 AM
 
27 posts, read 21,029 times
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Hi - I'm working now but over most of the summer I collected unemployment. My previous job I quit because of what I considered a negative work environment with a manager I could never please. I was only there a few months so I was surprised unemployment granted me benefits. But that employer also appealed the decision to grant me benefits. After several months a hearing is finally scheduled for next week. I may have to pay back what I collected if I lose.

On my last day of work with this company I sat down with the owner and told her my concerns with my manager and she says there was nothing they could do - I wish I had let them fire me because I believe they were going to but I thought it would be better to quit. The days before I saw my job posted on their website.

What I have said here is what I plan to tell at the hearing. I'm very nervous. How long do these usually last and is there anything I shouldn't say?

Thank You
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Old 09-26-2017, 12:44 PM
 
14,500 posts, read 31,083,682 times
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Quote:
Originally Posted by TheNewGirl View Post
What I have said here is what I plan to tell at the hearing.
You need to now WHY you were approved. If this story worked, then I guess you can stick with it, but it doesn't sound "good cause" to me.

The reason the "why" is so important is because some claimants think they were being harassed, and say that, but the decision says "because the employer changed your schedule and put you on the third shift, it's a substantial change." So why while a claimant thinks it's harassment, the real reason they got because was because of the drastic schedule change, and that is what a claimant called into a hearing should say rather than "harassment" now that they know what really mattered.

Quote:
Originally Posted by TheNewGirl View Post
How long do these usually last
60 to 90 minutes would be the max, but it could be less.

Quote:
Originally Posted by TheNewGirl View Post
is there anything I shouldn't say?
No, but you really need to work on the story so it aligns with the early decision to grant so that the same facts are on the record at the hearing. An appeal of a "quit" is pretty high risk to you because you still have the burden of proof, and the rules of evidence at a hearing are stricter than with a phone interview.

However, my personal opinion is that as told, your story should have never gotten you benefits in the first place.

If you lose, come back, there are things you can do to possibly not have to repay the money.
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Old 09-26-2017, 01:51 PM
 
27 posts, read 21,029 times
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Quote:
Originally Posted by Chyvan View Post
You need to now WHY you were approved. If this story worked, then I guess you can stick with it, but it doesn't sound "good cause" to me.

The reason the "why" is so important is because some claimants think they were being harassed, and say that, but the decision says "because the employer changed your schedule and put you on the third shift, it's a substantial change." So why while a claimant thinks it's harassment, the real reason they got because was because of the drastic schedule change, and that is what a claimant called into a hearing should say rather than "harassment" now that they know what really mattered.



60 to 90 minutes would be the max, but it could be less.



No, but you really need to work on the story so it aligns with the early decision to grant so that the same facts are on the record at the hearing. An appeal of a "quit" is pretty high risk to you because you still have the burden of proof, and the rules of evidence at a hearing are stricter than with a phone interview.

However, my personal opinion is that as told, your story should have never gotten you benefits in the first place.

If you lose, come back, there are things you can do to possibly not have to repay the money.
What kinds of things?
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Old 09-26-2017, 01:57 PM
 
27 posts, read 21,029 times
Reputation: 74
Quote:
Originally Posted by Chyvan View Post
You need to now WHY you were approved. If this story worked, then I guess you can stick with it, but it doesn't sound "good cause" to me.

The reason the "why" is so important is because some claimants think they were being harassed, and say that, but the decision says "because the employer changed your schedule and put you on the third shift, it's a substantial change." So why while a claimant thinks it's harassment, the real reason they got because was because of the drastic schedule change, and that is what a claimant called into a hearing should say rather than "harassment" now that they know what really mattered.



60 to 90 minutes would be the max, but it could be less.



No, but you really need to work on the story so it aligns with the early decision to grant so that the same facts are on the record at the hearing. An appeal of a "quit" is pretty high risk to you because you still have the burden of proof, and the rules of evidence at a hearing are stricter than with a phone interview.

However, my personal opinion is that as told, your story should have never gotten you benefits in the first place.

If you lose, come back, there are things you can do to possibly not have to repay the money.
Thank you for the advice. It was a lot of little things that made me quit. I felt I was constantly picked on and given contradictory instructions by my manager and the owner. I had called my manager the night before leaving work and she told me she didn't like my demeanor and than hung up on me.
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Old 09-26-2017, 02:36 PM
 
14,500 posts, read 31,083,682 times
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Quote:
Originally Posted by TheNewGirl View Post
What kinds of things?
Worry about it if you lose. It would be a lot of typing for nothing if you succeed.

Quote:
Originally Posted by TheNewGirl View Post
It was a lot of little things that made me quit.
UI isn't about a lot of little things. Is about what happened just before you quit or were fired. Your boss could have demoted you first thing in the morning, and then when you went into the break room all the doughnuts were gone, and then you say to yourself, "this place sucks," and quit. If you tell this story, the judge is free to say that because the doughnut incident occurred last and made you mad that's why you quit, and the demotion didn't bother you enough to quit, or you'd have quit then. The judge can say it wasn't for good cause because the doughnuts are pretty petty, but the demotion was good cause but the way you told your story ruined it for you.

Quote:
Originally Posted by TheNewGirl View Post
I felt I was constantly picked on and given contradictory instructions by my manager and the owner. I had called my manager the night before leaving work and she told me she didn't like my demeanor and than hung up on me.
You really need to know WHY you are getting benefits now. I have a feeling the person that did your phone interview didn't see things the way I do, and that's what you need to go with.
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Old 10-05-2017, 09:32 AM
 
27 posts, read 21,029 times
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Quote:
Originally Posted by Chyvan View Post
Worry about it if you lose. It would be a lot of typing for nothing if you succeed.



UI isn't about a lot of little things. Is about what happened just before you quit or were fired. Your boss could have demoted you first thing in the morning, and then when you went into the break room all the doughnuts were gone, and then you say to yourself, "this place sucks," and quit. If you tell this story, the judge is free to say that because the doughnut incident occurred last and made you mad that's why you quit, and the demotion didn't bother you enough to quit, or you'd have quit then. The judge can say it wasn't for good cause because the doughnuts are pretty petty, but the demotion was good cause but the way you told your story ruined it for you.



You really need to know WHY you are getting benefits now. I have a feeling the person that did your phone interview didn't see things the way I do, and that's what you need to go with.
Had my scheduled hearing today : the employer didn't show. The hearing officer said a letter will go out with the decision of a dismissal because they didn't show. They will then have 10 days to respond with a very good reason and if they don't have one it will automatically go in my favor.

Do you know this to be the way it works ?
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Old 10-05-2017, 09:44 AM
 
14,500 posts, read 31,083,682 times
Reputation: 2562
Did you testify?
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Old 10-05-2017, 11:09 AM
 
27 posts, read 21,029 times
Reputation: 74
Quote:
Originally Posted by Chyvan View Post
Did you testify?
He said "well I guess they aren't coming" and than said how they would mail a letter of dismissal because it was "their appeal" and had me sign a paper and I left.

He was very casual about it
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Old 10-05-2017, 03:28 PM
 
14,500 posts, read 31,083,682 times
Reputation: 2562
That sounds like you're keeping benefits because you didn't have to tell your story. However, it doesn't always happen that way. Sometimes the judge lets you do what you're supposed to do, and then makes a decision even without the other party appearing.
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