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I was recently discharged by my employer who is also part of a union. When I applied for unemployment, I received a letter stating that I was discharged for 602a Misconduct and that i have a phone interview scheduled on Dec. 27. I'm concerned that during this brief phone meeting, i won't be allowed to explain my side of the story. I worked for this company for 26 years and was previously discharged twice but won a wrongful discharge and retaliation litigation case from the same management. Since i returned to work 7 years ago, i still feel there was retaliation and attempts to set me up to fail. What options do i have if unemployment is denied?
Unemployment is about the reason you were last discharged. They will obtain information from your former employer about your discharge and they will ask you to explain the termination in your own words. You will be given ample opportunity to explain everything with as much information as you want to give. They will also be asking you questions concerning what your former employer said so they can get a feel for the severity of the termination reasoning and issue. Believe me, nobody can accuse unemployment of not giving you the opportunity to talk.
Unemployment gives you this opportunity because you would not belive how many times claimants talk themselves right into a disqualification. More claimants damage their chances for unemployment benefits by opening their mouths. Once you say the wrong thing, its now a record and you have to fight harder to impeach your own words. This is why we tell people that unless you're in a state like NJ which denies benefits if you refuse the interview, it is in your best interest to keep quiet, say nothing and if denied deal with it at an appeal where the employer now has to prove by evidence what they say. It is so much easier to appeal and win verse get denied based on your words, forcing an appeal where you're not only fighting your ex employer but your own words as well.
I'm concerned that during this brief phone meeting, i won't be allowed to explain my side of the story.
You do NOT want to explain your side of the story. Right now, being "fired," is qualifying. It's all the other stuff people that say that creates a reason for disqualification. Just shut up and don't take the call. Depending on what you wrote on your application for UI, you might have already caused your own disqualification with your own words that you can't take back.
When I apply for unemployment, I said only about 'DISCHARGE".
So, I don't take the call ! What next! How long does it take a appeal, and do I need hire lawyer?
Hello Chyvan! I supposed to have interview by phone with IDES 12/27/17 AT 9:15 am. but nobody called! I wait 45 minutes! NO calls no message! What now!
Hello Chyvan! I supposed to have interview by phone with IDES 12/27/17 AT 9:15 am. but nobody called! I wait 45 minutes! NO calls no message! What now!
One of two things.
They could of had the wrong number on file, miss-dialed or called on the wrong date and it would be like any other interview where there is no contact with the claimant., A decision will be based on what information is available.
Or, and this is what has happen before; the employer has failed to respond to any request form unemployment. As such, they have nothing from the employer to disqualify you. Your application also did not mention any disqualifying reason (fired without a reason listed is not disqualifying). So, with nothing on the application to disqualify and nothing from the employer to disqualify, they had no reason to call because they had no reason to deny.
Hello, My unemployment was denied. How do I appeal?
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