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After reading many of your post regarding Unemployment
I am writing to you for some advice. This is my situation on September 2011. I was fired and received benefits until January 2013 after that I was no longer eligible for benefits, unless I work and accumulate 1,600. In March 12 2013 I got a part-time job at a insurance agency/, working 2-3 days per week. On April 29th on my way to work I text the boss I will be a lil late (which I was 15 minutes from work, when a panic attack got me) as soon as I send the text she text me back that I was Terminated, I ask why and no answer. Couple of days went by and she mail me a letter saying I was on the phone and on the computer doing personal activitys, and that I was not doing my job!.! WOW that was a shocker because I never receive a warning nor was I doing what she says, I only work a couple of days and did my best. However she never gave me a Employee Handbook or anything. Today I got a letter that I was denied due to misconduct, I don't know what to do can you please advise me. I am a IL resident..Thanks Should I appeal?
Usually, when an employer contests a claim, or there is any question on the circumstances surrounding the discharge, the default position is a denial and the matter is then kicked up to the appeals level. Denials are standard operating procedure and often reversed on appeal.
It is then up to the claimant to file an appeal. Many don't and just walk away. The states and employers expect that many claimants will take the initial denial as final and not pursue it, which is a mistake on the part of the claimant.
You need to know exactly what form of misconduct your employer is accusing you of. Is it your doing personal work and personal phone calls, or something else? She told you one thing, but what did she tell Illinois?
Your employer needs to prove her charges. Does she have phone and computer logs? Does she have documentation that you've been warned?
This is Illinois position on misconduct:
Quote:
G. Misconduct Disqualification
An individual who is discharged for misconduct connected with his work is ineligible for benefits for the week in which he was discharged for misconduct and thereafter until he has become re-employed and has had earnings equal to or in excess of his weekly benefit amount in each of four calendar weeks.
These earnings must be for services in “employment” as defined in the Act, or must be for services in which the earnings have been or will be reported under the Federal Insurance Contributions Act by the employing unit.
The Act defines “misconduct” as the “deliberate and willful violation of a reasonable rule or policy of the employing unit, governing the individual’s behavior in performance of his work, provided such violation has harmed the employing unit or other employees or has been repeated by the individual despite a warning or other explicit instruction from the employing unit.”
You need to appeal. It will come down to who is most believable at the hearing. The employer needs to prove these charges occurred and any one of the following:
that the employer or other employees were harmed by this rules violation, or
that you have repeatedly violated the rules despite a warning.
You need to get your facts straight and don't allow yourself to be intimidated.
Here is a good link explaining the entire process:
She says I was on my personal cell, which I keep in my purse in the brake room.
I don't know what story's she told unemployment but it all seems fishy and fabricated,
She even warn me not to file because she will deny my benefits. I'm so stressed out at this moment
I will be going to IDES Monday to file for a Appeal, can you advise me on what to put on the appeal letter? Or should I consult a Lawyer?
She never warn me of this so call events that I'm accused of
Never did she ever call me in her office. It seems she was happy with my performance, she even talk about future events. I was never written up or anything.
Just file an appeal and say it's not true, it's her word against yours at this point. I'd have said what you say here, you kept your phone in your person and your purse in other room, and you didn't use the computers for personal use. Also, I would say if that were true, that you were on the computer for personal use, why hadn't she ever once spoken to you about that beforehand? She was just mad cuz you were going to be 15 minutes late to work.
I will be going to IDES Monday to file for a Appeal, can you advise me on what to put on the appeal letter? Or should I consult a Lawyer?
At this point, all you need to put in your appeal letter is: I disagree with this decision. I hereby request an Appeal.
The only time you need to write an argument is if you get to the Board of Review stage. You are far from that at this point.
Stop stressing. Read that last link I provided carefully. Unless you are completely unbelievable at the appeal hearing and the employer has documentation to prove her charges, you should get your benefits.
Quote:
Originally Posted by alma18
Or should I consult a Lawyer?
Make that decision after you receive the letter from the ALJ on the issues being considered at the appeal.
Again read that entire link carefully. An excerpt:
Quote:
When ALJ schedules a hearing, IDES sends a letter to each party advising of the time and date for the hearing and the issues to be resolved. Any argument in regards to an issue that is outside of what is discussed in the letter will not be considered.
Fourth, the hearing. IDES hearings are held over the phone. Each party must file an attorney appearance, if any; submit witness list and any evidence twenty four (24) hours before the hearing. Also, each party must exchange any information the parties are planning to refer to at the hearing at least one (1) business day before the hearing. This is very important rule that is very often overlooked. The whole unemployment benefits process is governed by administrative law of the state of Illinois. Therefore, rules of evidence are very relaxed. Objections are usually overruled by ALJ. But it is an absolute MUST that a party have a copy of the documents that the other party is planning to introduce at least some time before the hearing. Also, ALJ must have it before the hearing as well. If a party does not submit such evidence to either the opponent or ALJ, the party will be barred from referring to such evidence at the time of the hearing.
So, you should have the "evidence" from your employer in hand before the meeting. If you don't get it, she can't present it - whatever it is. Then it's her word against yours.
I doubt she has any documentation. She is clearly trying to intimidate you. Don't let her.
She says I was on my personal cell, which I keep in my purse in the brake room.
I don't know what story's she told unemployment but it all seems fishy and fabricated,
She even warn me not to file because she will deny my benefits. I'm so stressed out at this moment
That sounds like my former employer. I was terminated at the beginning of the month after my boss saw my phone at my workstation. I had taken it out of my pocket and put it there when I grabbed my keys to move my car.
He said the same "Don't bother filing for UI... you'll get denied after I tell them all the reasons I fired you for"...
I'm not intimidated. I never got a handbook... Never signed anything... Never got any reprimands in writing. His word against my word. The good thing is I don't have to prove anything... He probably will fabricate some off the wall story about how I was on my phone all day but in the end all he has is his word against mine.
I've already went back to work but I am still pursuing my claim for the partial week I was out of work. What can I say... My former boss was an ass on a power trip and I'm looking forward to winning and getting some money on his behalf...
I will definitely Appeal, I suffer from depression & Anxiety
So this situation is on my head..I really appreciate everyone's
Opinion. Thanks for Listening to me, I will keep everyone updated.
Ca I summit the a copy of text message
She text saying I was terminated?
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