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My wife was fired from her job (along with a co-worker) for something she did not do. We tried speaking to attorneys about the situation but more or less were told that if it was not a discrimination case, they weren't interested.
She applied for - and was granted - unemployment benefits a few months back - this was after 6 weeks of (supposedly) time for the former employer to respond. During this time, her co worker waited and waited and waited for her UE benefits. She finally heard back that her benefits were denied. Seemed pretty unfair to me at the time, but that decision wasn't up to us.
Let me give a bit of a brief background on what caused the terminations:
My wife had worked for an assisted living facility, she was very much liked by the staff, the residents, and the families of the residents. She's a very friendly and genuinely warm hearted person and was thanked by many family members for going above and beyond frequently.
One night we get a call from one of the managers stating that there had been an incident where one of the residents was injured in a fall (and was helped up by two members of the staff) on a prior date and that no report was filed. My wife was asked if she was present. She stated that she had no idea about the event and that this was the first time hearing about it.
Long story short - she ends up being fired for failing to report the incident along with a co worker who also stated she herself wasn't even there. Truthfully, the co worker seems to be a very nice person, but we cannot honestly vouch for her whereabouts when it happened. The employer - initially - couldn't even verify *which* date the incident occurred on. Word has it "someone had to take the fall for it" and they said it was "two heavy set white girls". That was it.
- Back to the unemployment office issue.
The co worker a month or so back had inquired about my wife helping her appeal her case. Again, in all honesty, as she cannot truthfully state where the co worker was at the time, she could not vouch for her and told the co worker that she was sorry, but no.
Earlier today, we get a notice from the NC USC that the former employer has appealed. Wondering if the appeal that her co worker filed called attention to my wife's benefits.
Any thoughts on this? Back when my wife had been granted the benefits, the form stated that she had been granted the those benefits due to the fact that the former employer could not provide evidence that my wife had committed misconduct. The simple reason for that was because she hadn't! She was fired wrongfully to begin with. Now they decide to appeal?
Frustrated does not begin to describe this whole mess and having her benefits taken away and having to pay them back is a huge slap in the face.
You and your wife did a horrible disservice to that coworker. Why on earth would you think the employer accusing your wife when she wasn't even there was not doing the same to the coworker? The employer is going to divide and conquer unless you heal things.
You need to appologize to the coworker, and team up, and put this issue to bed, or you're both going to end up with no benefits, and the employer will be the only winner.
You and your wife did a horrible disservice to that coworker. Why on earth would you think the employer accusing your wife when she wasn't even there was not doing the same to the coworker? The employer is going to divide and conquer unless you heal things.
You need to appologize to the coworker, and team up, and put this issue to bed, or you're both going to end up with no benefits, and the employer will be the only winner.
I couldn't disagree more. My wife would have to LIE and say she could vouch for the coworker's whereabouts as we did not know for sure where she was. What if it comes out that she was, in fact, involved? As I said, we didn't know for sure that she was or was not there. Lying and saying that we knew she wasn't there is perjury - correct?
You don't have to lie. You testify, "I wasn't there when the events occurred, and my employer accused me of it and even fired me for it. There is reason to believe that the same thing is happening to my dear coworker. This is a witch hunt and a pattern that my employer is engaging in."
The employer's credibility will be shot, the coworker will be believed, and you'll have done the right thing.
You don't have to lie. You testify, "I wasn't there when the events occurred, and my employer accused me of it and even fired me for it. There is reason to believe that the same thing is happening to my dear coworker. This is a witch hunt and a pattern that my employer is engaging in."
The employer's credibility will be shot, the coworker will be believed, and you'll have done the right thing.
Hello again! I meant to thank you last time for your reply, regardless of my disagreement.
I wish it worked that way ( and it is a witch hunt - I agree ), but think about it - when they say "can you vouch for where your co worker was?", we can't truthfully tell them that we can. Like I was saying last time, we don't know for sure the other girl *wasn't* there. To say we knew for sure is lying. If that catches up with us, we're in trouble. If we did know for sure, my wife said she would do it with no problem.
What I'm trying to figure out is how much the employer needs to get the appeal. Just saying "it was two white girls"? I would think they need to prove that the guilty party was there and not just give the most basic of descriptions. Originally the manager told my wife that they were going to do a "lineup", to which my wife said "no problem". That never happened for some reason....
Last edited by Mo In NC; 11-02-2013 at 08:43 AM..
Reason: butchered the grammar
What I'm trying to figure out is how much the employer needs to get the appeal. Just saying "it was two white girls"? I would think they need to prove that the guilty party was there and not just give the most basic of descriptions.
It doesn't take anything, really, for an employer to get the appeal - especially in NC - which is extremely claimant unfriendly. NC is the only state in the country not paying federal EUC benefits because of the draconian changes made to its UE benefits. In some states employers are granted appeals a year after the initial claim was established and paid out. Employers pay these benefits - they are given much latitude. A few states will deny an employer's appeal request if it appears frivolous. I doubt you'll experience that in NC.
Employer will need to prove your wife was one of the "two white girls" at the incident - like time sheets/payroll clock records, witnesses. You had better assemble as much proof as possible substantiating that your wife wasn't at the incident. Even with clear proof, depending on the ALJ, you could lose the appeal. It happens all the time.
Be prepared for anything.
The key to winning is preparation - and persistence. Appeals are won all the time - if you don't give up the first time you are given a no.
It doesn't take anything, really, for an employer to get the appeal - especially in NC - which is extremely claimant unfriendly. NC is the only state in the country not paying federal EUC benefits because of the draconian changes made to its UE benefits. In some states employers are granted appeals a year after the initial claim was established and paid out. Employers pay these benefits - they are given much latitude. A few states will deny an employer's appeal request if it appears frivolous. I doubt you'll experience that in NC.
Employer will need to prove your wife was one of the "two white girls" at the incident - like time sheets/payroll clock records, witnesses. You had better assemble as much proof as possible substantiating that your wife wasn't at the incident. Even with clear proof, depending on the ALJ, you could lose the appeal. It happens all the time.
Be prepared for anything.
The key to winning is preparation - and persistence. Appeals are won all the time - if you don't give up the first time you are given a no.
My thoughts on it are - what could they possibly have? She wasn't there. Just her being at the facility that night is enough? Lots of people were on that night. If THAT is considered evidence, that's pathetic.
The really ridiculous part is that at first they didn't even know what night it happened. The two residents involved have a type of disorder where they try to say one thing, but it comes out wrong (great right?)
We may have to get an attorney at this point. This will be different, I think, as this time we are not looking to take them to court for wrongful termination. This time it is for the actual UE benefits.
My wife, meanwhile, is really trying to find another job before the appeal even happens, so the impact won't be as great.
An ALJ is tasked with assessing the credibility of witnesses. Because they are hearing the tone of voice and seein the body language, they are in the best position to do that, and what they say regarding who is lying and who is tellig the truth sticks like super glue. It can't be distrubed on appeal unless it's clear that the ALJ is a jerk.
So, yes, an employer can say that someone did something and with just a tiny bit more of corrobrating evidence, an ALJ can decide that this is the more credible testimony.
That's why it's so important to pair up with that coworker. You don't have to vouch for her. You just show that the employer has a history of lying to skirt their responsibility to be charged for a UI claim, and you'll great improve your chances that your wife will keep getting her benefits, the coworker will get benefits, and the employer will have to pay.
I went through a similar hell in 2007 in another state where they appealed my UI through all the levels for over a year. I was at a new job and it was still going on!
Just stick to your story over and over and hope for the best, is my advice.
They never won in my case, as the employer kept changing their reasons as to why I left. Idiots.
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