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Old 02-23-2009, 08:39 PM
 
2,365 posts, read 11,127,920 times
Reputation: 696

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A couple more pointers while I am thinking more of it, since I had a friend who went through this process(alone) and lost.

Keep it simple. Your mantra should be, I showed up to work, and on time. I did not lie or steal or use my employers equipment or telephone or computer for personal stuff. If they have proof you did, you are sunk. (This is a reason not to keep your personal stuff on your computer or delete it right away. And use your hotmail or gmail account for any personal messages.) Also, your employer did not give you any warnings. You did not quit. You did not interfere with your employer's ability to conduct business.

Also, REQUEST the letter your former employer wrote to the U.C. You have a right to look at it. Come prepared to the hearing. Although you have legal assistance, you also need to come prepared to refute whatever is in the document(s) your employer submitted that made you lose the first time. WARNING - Don't say, the other employees were worse than me, or you were better than them. Please no comparisons. Just say, you were a normal employee, in that you showed up, to work, faithfully and did nothing that could be reasonably interpreted as harmful to your employer!

good luck!!
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Old 03-25-2009, 09:57 PM
 
Location: Mayberry
36,421 posts, read 16,032,420 times
Reputation: 72788
Well it's over!! I won my appeal!!

It was a very simple phone hearing with the officer, myself and attorney,and the owner of the company.

My former boss went over all the charges and and then my attorney asked my questions about them. Then my former boss asked me some questions. Neither side offered a closing statement.

I was prepared!! Had seen my attorney 3 days before the hearing to go over my testimony after we received several pages of documentation from my former boss, some emails and a canceled check for a payroll advance I had given which is what he thought I stole 1/2 of! I was very articulate in stating the check was to be paid back in 2 equal amounts on the following 2 pay days. The first 1/2 came out of the employees check, the second 1/2 did not and the accountant, who wrote the checks, forgot to deduct it. It was paid in cash and put in petty cash with a note.

Actually when questioned by my former boss, he didn't really bring that up!! It was weird, like he knew he didn't have anything on me.

I learned a lot of hearing officers are either employee or employer friendly. This one, my attorney said was fair, that's all she said about him. He was!!

Thanks for all of your support on this thread.
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Old 03-26-2009, 07:48 AM
 
2,365 posts, read 11,127,920 times
Reputation: 696
Quote:
Originally Posted by tasmtairy View Post
Well it's over!! I won my appeal!!

It was a very simple phone hearing with the officer, myself and attorney,and the owner of the company.

My former boss went over all the charges and and then my attorney asked my questions about them. Then my former boss asked me some questions. Neither side offered a closing statement.

I was prepared!! Had seen my attorney 3 days before the hearing to go over my testimony after we received several pages of documentation from my former boss, some emails and a canceled check for a payroll advance I had given which is what he thought I stole 1/2 of! I was very articulate in stating the check was to be paid back in 2 equal amounts on the following 2 pay days. The first 1/2 came out of the employees check, the second 1/2 did not and the accountant, who wrote the checks, forgot to deduct it. It was paid in cash and put in petty cash with a note.

Actually when questioned by my former boss, he didn't really bring that up!! It was weird, like he knew he didn't have anything on me.

I learned a lot of hearing officers are either employee or employer friendly. This one, my attorney said was fair, that's all she said about him. He was!!

Thanks for all of your support on this thread.
Congratulations!!!!

What a relief for you, I imagine....now you have to have to wait some more for your check, but then it will include all of the prior missed weeks...good for you!

It is also nice when questions are posed on here, and we hear how it resolves itself!

Last edited by gea12345; 03-26-2009 at 08:35 AM..
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Old 03-26-2009, 02:54 PM
b75
 
950 posts, read 3,463,842 times
Reputation: 338
Sorry so it was resolved & you DID get a lawyer. Good for you. Companies like this need to know that they can't get away with such actions.

I'd suggest speaking with an attorney in which they sign a statement saying your employment history and records were all satisfactory & your dismissal was not due to any improper action on your part.
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