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Old 11-22-2011, 08:53 PM
 
39 posts, read 72,549 times
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My last employeer said I quit but I quit because I was forced to.

Any tips for writting my appeal?

I filled a FOIA so I find out exactly what was said by my previous employeer but I dont think I will get it before I have to get the appeal in.
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Old 11-22-2011, 10:22 PM
 
14,500 posts, read 31,079,420 times
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From my reading, you're in the first stage. The appeal you seek requires no lengthy write up. You probably only need call, write, or use the internet. You pretty much need nothing more than to say, "The deputy's determination is erroneous. I'd like to appeal to the Tribunal." When you file the for the appeal, you'll receive the information that the deputy used in making the determination, so you don't need to waste your time with a FOIA request.

Part of the reason, you want to keep it short is so that the employer can't manufacture a rebuttal.

You say you quit because you were forced to. I'd like to say that anyone in this postion should let themselves get fired. Trust me, putting "you quit" on a resume is not worth the hassle of being without benefits. You can put "you quit" on a resume all you want, but when called, your old employer will glad divulge all the reasons you should have been fired.

You will have the burden of proof that it was a "resignation in lieu of termination." You'll need a witness who knows first hand to testify for you, or some piece of paper from the employer that suggests you had a choice, but that no matter which choice you made, you'd be out the door.

Even at that, it only shifts things back to the employer to establish "misconduct." So if there really was "misconduct," you'll still lose, and you'll need to be prepared to defend yourself against that at the hearing. So you have double work to do.
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Old 11-24-2011, 11:06 PM
 
39 posts, read 72,549 times
Reputation: 39
Thanks for the advice! I am going to consult a lawyer.
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