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Hello, I'm new to the site/forum so please bare with me. I was let go from my former employer due to an email with a client. The client was upset and I was not able to diffuse the situation to our directors likings. They let me go 5 minutes before the work day ended and told me it would be my last day. When I was brought into the HR department, she told me it was regarding an email (I knew what she was talking about but she didn't go into detail). The email was not something one should be fired for. Meaning there was no vulgar language, no passive aggressiveness, no arguing, and I was apologetic. I signed my termination papers and packed my belongings. The paper I signed said it was for involuntary termination. I filed for unemployment the next day and received the phone interview a week later. I picked up the call thinking I would be denied if I didn't (I later found this website and read you shouldn't do that). After the call, I had a feeling I would get denied. Sure enough, I received the denial paper yesterday. The paper states, "You were fired from your last job with XXXX because of unsatisfactory job performance." I was with the company for over a year so I recently had my 1 year review, which was a positive review at that. So how can I be fired for unsatisfactory job performance? The client was upset about a property owner who did not receive her refund on time. I let her know that another accountant had processed it and sent it out and that there isn't much I can do. Sure enough on the last day there, I checked to see if the client had received her refund, and she received it/cashed it that day. So I was kind of fired for no reason... I don't see how this qualifies as misconduct and I was always doing the best of my abilities.
My question is, do I have a case I can win? Is it worth the time and hassle? It's already been almost a month of no $ and maybe another month with this appeal process. Any advice is helpful and much appreciated.
I've read many posts from chyvan so I'm hoping this person can chime in.
Thank you all for your time and advice you can share.
As a fired claimant, you always have a chance at an appeal hearing.
For now, submit the appeal REQUEST: "The determination dated mm/dd/yy is wrong. I want an appeal hearing scheduled," is sufficient.
When you get your hearing notice, come back, and we'll tell you what to do next.
Chances are, you're going to find out that you were denied by what you wrote on your UI application and what came out of your own mouth. When you STOP trying to tell a story, you'll do much better at your appeal hearing.
As a fired claimant, you always have a chance at an appeal hearing.
For now, submit the appeal REQUEST: "The determination dated mm/dd/yy is wrong. I want an appeal hearing scheduled," is sufficient.
When you get your hearing notice, come back, and we'll tell you what to do next.
Chances are, you're going to find out that you were denied by what you wrote on your UI application and what came out of your own mouth. When you STOP trying to tell a story, you'll do much better at your appeal hearing.
And to repeat what’s been said before, what Chyvan said IS the reason for the appeal. That’s all you need to say in the request.
Received my "Acknowledgement of Letter" with a 10/4 mail date. Still haven't received the hearing notice so I decided to give them a call, and it turns out I still haven't been scheduled. She estimated around Nov 1st... This whole process started at the end of August. You gotta love how speedy they are with this process.. Hope you all are having a better time.
I thought poor performance, unsatisfactory work performance you will be able to collect.. or did the rules change?
Lots of people think this. Poor performance CAN be misconduct (but not always) if the employer knows what they are doing, and that's why I hate when people put this on their UI application thinking it's a slam dunk. By doing this, the claimant just admitted to half the employer's burden of proof, and now the employer no longer has to prove that the claimant was a poor performer because the claimant did it for them.
It CAN be. I'm not going into all the ways that an employer can make it be misconduct, but the myth needs to be stamped out. Claimants have to learn that the story stops at "FIRED" and stop making admissions that are not necessary to get UI.
There is no reason to say "fired because of poor performance" over just "fired." The first doesn't sound any better or make it easier to get UI. It just complicates things.
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