PLEASE HELP-Unemployment Appeal and Nervous (collecting, file, receive, apply)

[digg9779]

I was terminated from my job 2/20/2014. I was told by the HR representative that they wouldn't contest my claim. I applied online for UI 2/22/2014 and went to the UI office 2/24/2014 to sign the affidavit. I received a call from a claims examiner and she asked me some questions. Unfortunately, I admitted to her that I had been written up and was on final warning for my job performance when I was terminated. She then stated she would contact my employer and they had until that Monday to respond. I waited patiently for 6 weeks with no movement on my claim. I called and was told constantly that my employer NEVER returned their call so therefore they would make the determination based on my statements. After me constantly calling and finally sending an email to the commissioner, I finally received my denial letter in the mail. The reason given was I failed to do the job for which I was hired and because of performance. I never received training for this job and I had to teach myself. I documented dates and times when I asked for assistance and I was ignored or not helped. I have an MBA in Accounting which I was told this was a finance position. When I got in the door, I quickly realized that this was more of an IT role (90%) with only about (10%) finance. I let the Director know early on that I didn't know anything about IT and asked for training which I NEVER received. Instead, I received write-ups for making mistakes and a subsequent boot out the door. Also, after the 2nd write up for mistakes in November, HR explained to the Director and me that he was to have monthly meetings with me to discuss my performance and progress which he did not do! The Director who started the write up trail on me left the company at the end of January for another job. I was called into the CFO office 2/20/2014 and he explained to me that I had made another mistake to which I wasn't aware of and fired. Just for the record, my Separation notice only says dismissal with no explanation! I have filed an appeal and I'm waiting for the hearing but I don't know how to get around admitting to the claims examiner that I had received written warnings and a subsequent final written warning. I did the job to the best of my ability but I simply couldn't catch on in an IT environment with no training.

[Little Jon]

There has to be a reason why you were terminated. At least in my state they refer to a certain number for statutory reasons(example 593.2) However if they have not spoke to your employer. I guess they would not have that. In my state once you file an appeal, and your appeal letter has been received. They give you a chance to go get and view copies of your file. Be sure to go get copies. It is your employers responsibility to show why you were terminated. During your appeal, if none of the information is brought up. They have no basis for your termination. I am very new at this, and am in the appeal process myself at this time. I am sure someone here will give you great advice. In the mean time, get all your documents ready for your appeal. There is a chance your employer may not even show up to your appeal hearing. Be patient, I know its not easy, but since it is in appeals. This is going to take some time. Good Luck

[mialia]

Originally Posted by digg9779

The reason given was I failed to do the job for which I was hired and because of performance.

Most states will not deny you unemployment benefits for losing your job due to performance. Yes, you will have to go through an appeal/hearing/etc, but in the end you should be just fine.

[Ariadne22]

Originally Posted by digg9779

I was called into the CFO office 2/20/2014 and he explained to me that I had made another mistake to which I wasn't aware of and fired. Just for the record, my Separation notice only says dismissal with no explanation! I have filed an appeal and I'm waiting for the hearing but I don't know how to get around admitting to the claims examiner that I had received written warnings and a subsequent final written warning. I did the job to the best of my ability but I simply couldn't catch on in an IT environment with no training.

Written warnings don't mean anything except the employer has established a paper trail on its dissatisfaction with your work. Written warnings do not preclude you receiving benefits.

If asked, you admit to the ALJ (not claims examiner) that you were given written warnings, because that the job was actually an IT job when you, in fact, you had been told it was an accounting job and, in the end, was a job you outside your skill set, a job for which you had no training, and for which the employer gave you no training, that you tried to improve, and that you did the best job you could. You will need to be able to document that the job as it was described to you when you were hired is not job you were expected to perform.

Denials at the application stage are almost always issued in situations like yours. However, six weeks from interview to actual decision is not.

What state are you in???? It's important.

[Rabrrita]

Your problem is that in Georgia, you can provide your own evidence to the claims certifier that you are disqualifed for unemployment benefits. Thats what yoiu did. You had a bad case of "running the mouth without the brain being engaged" and essentially dissqualied yourself for misconduct.

All you had to do was walk into unemployment and tell them you were let go but provided no specific reason (proof is your letter). They did not provide any information except to specifically tell you that you can apply for unemployment. Since the employer never responded, all unemployment has is your statement which never touched on any disqualification. You would have been collecting. BUT, since you did spill the beans and provided a misconduct disqualification, they denied you benefits. You did the employers job for them without them even doing it.

So, what do you do? You do as advised and twist it back to being about a job you were never qualified to perform and you made every effort to make it work but the company was just too screwd up to make it work. This needs to no longer be about your but the failure of the company. There is no guarantee that in GA you will prevail since you are going to be fighting your own disqualfying statements in the appeal.

[digg9779]

@ Ariadne22...I'm in Georgia. From what I've been reading on the blogs,they are notorious for denying claims based on performance initially. The only reason I admitted to the write-ups is because I assumed my employer would tell them.