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OK, some quick back story. I was terminated on Aug 28. Filed and denied due to they claiming misconduct, but they have in the letter of my termination that I left voluntarily. I was called into a meeting om Aug 28 with my assistant director, and he told me that things were no longer working out with me, and that I was no longer a good fit for the department. This was after 6yrs. He stated that I also violated a policy that I cannot have 2nd employment without disclosing it to them. I did NOT have a second job, they stated my direct sales stuff that I did as a hobby and made little to no money on commissions was a second job. After reading the policy, it sounds like they were using it in their own way against me. Director then stated to me that things could go one of 2 ways. I could hand over my badge peacefully and I would be not hurt my eligibility in the future to work for the company, or I could fight the claim, be put on suspension while the investigation was done without pay, and his words, it would not end up in my favor due to the evidence they had. They had my Facebook posts from my Scentsy page. I was caught off guard, and I handed in my badge. There were 2 witness in this meeting, though they said nothing.
So fast forward to my first hearing, which was supposed to be Oct 30. The unemployment appeal person never calls me as scheduled. Turns out he was out sick that day and no one would take the hearing, so it was postponed. Nov 14 is my new date. We have the interview. My director makes the statement under oath that he DID NOT have the authority to fire me, only HR can do that. I was NOT aware of that. He stated to HR that in the meeting my job was never at risk, and that I just walked out and quit. The 2 witness were NOT at this interview. When I gave my statement which completely conflicted what he said, and stated that there were 2 ppl in the room with us, the appeal judge asked if they were available for testimony. They were not. My employer was then allowed to reschedule the meeting!!! to allow those witness to be present. I feel this in itself is not right, who is to say my director wont coach them into what to say based on the testimony I have already given. So we postponed AGAIN...Keep in mind FL unemployment is only 12w...at this point I have received nothing.
Rescheduled again for Dec 12. Unemployment calls me as scheduled. Tries HR, they dont pick up. Told me they get 10min, and they dont pick up again. So we press forward, and the judge gets my statement. I state exactly what happened in the meeting, inclusing the fact the director did not have the rights to fire me without authorization from HR, and that he stated I quit, which I told the judge I had no valid reasons to just walk in and quit my job of 6y. The denial was REVERSED on Dec 13. Today, Dec 14, my employer APPEALED!!! At this point I have hit 12w, I had one more week left to claim, so I am basically fighting for my back pay. The notice says they had GOOD CAUSE to miss the meeting...Probably someone on vacation to be honest.
So my question...do I have any recourse here? Are they gonna be allowed to just reopen and pick up where we left off? I am distraught as I am in DESPERATE need of the 3000 bucks owed to me at this point..and now have to wait probably at least another month to get it
We can address the other stuff later, but you need to get your money from the UI people NOW.
Once that decision was rendered, the state must pay you.
As to a reopening, if the employer is successful, that's a FUTURE decision, but as of this second you are eligible for benefits.
Try to get your money, and come back. Once you have the money in hand, I'll deal with your reopened appeal.
While trying to get the money from the UI people, do NOT discuss the reopening. You only address the fact that there is a decision in your favor granting benefits, and you want your money as quickly as possible and is there anything you need to do to speed that up.
We can address the other stuff later, but you need to get your money from the UI people NOW.
Once that decision was rendered, the state must pay you.
As to a reopening, if the employer is successful, that's a FUTURE decision, but as of this second you are eligible for benefits.
Try to get your money, and come back. Once you have the money in hand, I'll deal with your reopened appeal.
While trying to get the money from the UI people, do NOT discuss the reopening. You only address the fact that there is a decision in your favor granting benefits, and you want your money as quickly as possible and is there anything you need to do to speed that up.
Got it?
OK, it says my claim is indefinitely in-eligible...Not sure the meaning on this...
So you suggest I call unemployment and ask when they paying me...From looking at my payment info, they have not paid me...We are talking all of 24hrs that this crap happened..
OK, it says my claim is indefinitely in-eligible...Not sure the meaning on this...
But now you say this.
HOW do you know the decision was reversed? What are you looking at regarding "ineligible"? What's the timing? Did things have a chance to update in one system vs another?
HOW do you know the decision was reversed? What are you looking at regarding "ineligible"? What's the timing? Did things have a chance to update in one system vs another?
My inbox has a letter stating the decision was reversed. This letter was dated Dec 13. At that time, my status was also ACTIVE. I got notification this morning that there was a new request, and now there is a letter stating that they appealed the decision due to them missing the meeting for GOOD CAUSE. That is when I saw the new status..
I'm sorry.. It's under determination.. Yesterday it said eligible and today it states AVIATION AUTHORITY Determination: Indefinitely In-eligible..
Did it say "aviation" before?
Under the Java v CA decision, at a minimum all weekly claims filed prior to Dec 13 need to be PAID. It's also my opinion that all FUTURE ones need to be paid until such time as a NEW decision is rendered taking the benefits away.
Go ahead and try to get your money. I don't think a reopening of a hearing changes the fact that a decision was rendered. I thought maybe the judge said in the hearing that he was going to reverse, and then did the reopening BEFORE writing your winning decision. That didn't happen, and that decision is still effect until it's amend, reversed, or set aside.
Don't get hyper technical with the UI people. Just focus on the winning decision that's in your inbox.
Aviation Authority was my employer. Also I am in Florida. I will call them.. Hell I don't care if they deny my last 275 payment.. I just want the back pay they said that I was eligible for.. As dated Dec 13..any suggestions on how I should word it to them when I call
You just say, "I had a hearing. I have a winning decision dated 12/13 in my inbox. I want to know when I'm getting my money. Do I need to have that winning letter faxed to someone to speed things up."
If they seem reluctant because they know about the reopening,
You can say, "there hasn't been a new hearing yet (or scheduled). Until that happens, this decision date 12/13 is in effect, and I'm entitled to benefits."
If that's not working, try to go higher up. Hopefully you come across someone that is familiar with the long standing rule from Java v CA: once a decision is rendered, benefits cannot be taken away from you (or not paid) until you have a hearing, the chance to present evidence, and only after a NEW decision is rendered can they be taken away from you.
What is the likelihood that they will pay me out have another hearing find the employer wins and then make me pay back the money they already gave me
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