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Unread 07-24-2009, 02:03 PM
 
Location: Round Rock, TX
1,205 posts, read 1,937,808 times
Reputation: 639
Default Winning an Unemployment Appeal?

I'm just curious if anyone here could share their stories of winning an appeal for their Unemployment?

I have my hearing scheduled for Monday morning (27th), and I'm a bit of a wreck over it.

Right now I'm putting all my statements, notes and other things together so I'll have it all in front of me, ready.

I was fired from my job - basically for making mistakes.

I just need to hear some positive stories to make me feel better!

I live in Texas - so any Texas ones would be a bonus!
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Unread 07-24-2009, 02:30 PM
 
Location: Id
90 posts, read 369,644 times
Reputation: 129
I did win an unemployment appeal here in Idaho.Just stay calm and tell the truth.That can't be emphasized enough.Good luck .
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Unread 07-24-2009, 02:41 PM
 
943 posts, read 1,684,705 times
Reputation: 645
It will come down to how hard you tried. Your employer will likely say that you were not trying and it was a case of misconduct because you were told to improve and you did not put enough effort into doing so. You need to say that you put your all into it but no matter how hard you tried, you could not meet their nearly impossible standards.

Here are three articles from the Internet telling you how to win an unemployment insurance appeal:

TimsLaw.com Unemployment Appeals - Practical tips - Tim's Missouri Employment Law Info Site

How to survive an unemployment benefit appeal - by Margaret Ansell - Helium

Tips for Winning the Unemployment Appeals Board Hearing :: San Francisco Employment Law Firm Blog
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Unread 07-24-2009, 02:47 PM
 
Location: NJ
2,052 posts, read 5,143,609 times
Reputation: 904
IMO, if you made mistakes on purpose, that's "gross misconduct". If you just made common mistakes as everyone does, it's not. Is your employer trying to "unload" employees as mine was? I new what they were doing so I kept emails on everything. Finally I was just let go due to lack of work.
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Unread 07-24-2009, 02:53 PM
 
Location: Mayberry
24,979 posts, read 7,009,264 times
Reputation: 56130
Making mistakes will not determine you losing your appeal. I won one in North Carolina, I guess for mistakes!! There were so many things they accused me of. Anyway I went to Legal aid, only because one of the things they accused me of was stealing. But that was really not brought up. Just tell the truth and do not over-talk, or try to convince the hearing officer of anything. Be thorough but not pushy.
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Unread 07-24-2009, 04:31 PM
 
Location: Round Rock, TX
1,205 posts, read 1,937,808 times
Reputation: 639
I actually have proof that my employer lied on one of the mistakes I made (which is an email from a customer saying how great of a job we did on their order!), and also they never gave me a written performance evaluation the whole time I worked there - which was something mentioned in the company handbook.

If I was capable of doing "adequate" work - where's the proof??

My mistakes were all different ones, and once written up for, corrected and never repeated.

Also, they never gave me proper training for the position. Most of the "training" I received was being yelled at, and written up!

I was never given any written company procedures for the things I made mistakes on. Had I, I'm pretty sure I wouldn't have made those mistakes.

I know my mistakes were not intentional or done "willfully". I did try my best, but my best wasn't good enough!

Thanks for all the tips and everything. I already know to keep my mouth shut, stay calm and only speak when spoken to.
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Unread 07-25-2009, 07:57 PM
 
Location: Jonquil City (aka Smyrna) Georgia- by Atlanta
16,250 posts, read 10,384,831 times
Reputation: 3587
Quote:
Originally Posted by mickey65 View Post
I'm just curious if anyone here could share their stories of winning an appeal for their Unemployment?

I have my hearing scheduled for Monday morning (27th), and I'm a bit of a wreck over it.

Right now I'm putting all my statements, notes and other things together so I'll have it all in front of me, ready.

I was fired from my job - basically for making mistakes.

I just need to hear some positive stories to make me feel better!

I live in Texas - so any Texas ones would be a bonus!
Were the mistakes unintentional resulting from inexperience? You can argue you were fired over your inability to do the job which would get you unemployment- at least in GA.
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Unread 07-25-2009, 08:06 PM
 
9,807 posts, read 5,275,528 times
Reputation: 8127
The last place I worked (printing plant with 600 employees in Minnesota), the company had never had layoffs and thus touted they never had an unemployment claim.

Not true!

Many of the workers fired won their appeals.
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Unread 07-25-2009, 08:07 PM
 
Location: NJ
2,052 posts, read 5,143,609 times
Reputation: 904
Quote:
Originally Posted by KevK View Post
Were the mistakes unintentional resulting from inexperience? You can argue you were fired over your inability to do the job which would get you unemployment- at least in GA.
This is very true, also mistakes are made from a lot of stress, pressure to get the job done.
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Unread 07-25-2009, 09:09 PM
 
Location: Round Rock, TX
1,205 posts, read 1,937,808 times
Reputation: 639
Actually, I may mention something about stress, since I worked as a dispatcher, and all the yelling I got from my managers was pretty stressful - on top of the stress of the job and trying to get it done when I wasn't experienced enough to handle the aspects of the position.
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