Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
My former employer has appealed my benefits, and the actual hearing is tomorrow. Unfortunately, I have no evidence, and only my word, so please wish me luck that my benefits do not get reversed. I really needed that money to cover my rent.
Good luck.. and please wish me the same... I have been recieving unemployment for 6 months now and my appeal hearing is in about a week... Im wondering how they can do this when it was approved before and there is no new evidence or anything like that... seems pretty sucky to me.. i mean would they actually make me pay it back if they employer won, after approving it for so long? ugh this sucks
My former employer has appealed my benefits, and the actual hearing is tomorrow. Unfortunately, I have no evidence, and only my word, so please wish me luck that my benefits do not get reversed. I really needed that money to cover my rent.
Also, what is the dress code in a hearing?
Best of luck at your hearing. BTW, do you have anything in your personnel file? Have you ever been written up for misconduct?
Dress in your Sunday best and just be respectful. Avoid losing your cool if/when your former employer tells a lie.
Just got home. The hearing lasted about 45 minutes i'd say. My former employer had quite a bit of documentation on me, none which proved that any of my performance was based on misconduct (+1 for me).
He was at loss for words a few times, and even miscited some of the dates in which was corrected by me. The judge made it very clear at the start that misconduct was defined as deliberately disregarding standards set by your employer. My employer in his own words stated that my actions were simply from lack of performance/inability to perform, and cited that nothing I did was ever intended (sorta shot himself in the foot there in my opinion).
The judge was quick and to the point, and very open-minded which again, helped me. Overall, I think this case is very much in my favor, however, nothing is written in stone just yet. My employer even admitted after the hearing was over that he didn't wanna be there. It was very obvious that was the case from the beginning as he held back on telling the judge certain things to hurt my case. Makes me wonder why this all happened to begin with....
I am glad to hear that the process was less intimidating than anticipated. I think many employers believe that the DOL will be impartial to them and they do not have to prove their claim. This appears to be what happen in this instance as your employer was unprepared to defend their claim and ultimately probably said things that gave you a favorable advantage without even having to speak.
Nevertheless, DOL's (anywhere) can be unpredictable. I will still be sending blessings and positive energy in your way that the appeal goes in your favor and you are able to get/continue benefits until you find gainful employment.
I did not know where to post this so hear it goes. I hope someone can help me. I was working two jobs, I got laid off my full time job and continue to work my part time job. One week on my part time job, my shedule, was to be on call one night the rest of the week off. I called in they said they did not need me. Next night she called and asked if I could come in, I made had already made arragements for a drs appt. I told her could not come in.
Next night I called for my next week shedule and my name was not on it. the manager was not in. I went in the next day, and she said that there were not enought hours to keep me on. She knew I was collecting unemployment and I asked her what do I tell them She said tell there lack of work.
This was last year, I continue to collect unemployment .Then my benefits were stopped because my part time employer said I quit because it was interferring with my getting unemployment and that they had work for me.
Unemployment said that there was no misconduct on my side. They released my check.
No I just got a notice that my employer wants to appeal the decision that unemployment made.
The question I have how do I prove that I did not quit, and how do they prove that I did. They knew that I did not want to work there, it was only for 4 to 8 hrs a week. but I always showed up, never called in sick, I did everything by the book.
any advice I would appreciate I just don't how to prove my case, I have my sheet showing how many hours I worked.
First, you need to find out exactly what NY DOL is looking to prove or disprove in the hearing based on the prior employer's claim. Typically, you will receive, if you have not already, a notice of hearing letter that will discuss the employer's claim and exactly what NY DOL is looking to prove or disprove based on employment/unemployment laws.
Next, you need to be prepared with the following[preferable with dates, times, instances] :
As many pay stubs you have for the last six months to show any type of consistency in your scheduled work hours
Attempts to work more hours but declined by employer
Witnesses to your conversations with the manager about hours/schedule
Copies of weekly schedules and procedures of finding out weekly schedule.
Documentation showing employer stated you were let go due to lack of hours
I would also call the company's HR to check your employment status to find out the reason on file listed for separation. This will be important. It sounds as if the manager told you to stop reporting and likely had the intension to complete the paperwork to appear as if you abandoned work as opposed to following direction.
You did not specify if this will be a phone or in-person hearing. Nevertheless, you might also want to seek help from NELP or any local agency that may be more familiar with NY employment laws. I hope I was able to provide some assistance to you. I wish you the best in your case.
thank you for your reply
I have a few pay stubs to show every week was different
the only attemps were word of mouth, her answer was that she was given the hours by how much the store made the previous week, that is why we never knew how many hrs to work.
copies of the weekly schedule, I have an old calender with the date marked, also I have my ue dates from the website showing the dates I did work and could not collect ue
procedure was to call the store or to come in, I did both first was told I was not on schedule, and then I went in and was told by manager there was not enough hours
there was no documentation I was not asked to sign anything it was word of mouth
also they stated that I quit after I was laid off my full time job this is not true I worked there for another 5 months.
any help I would appreciate thank you
I like to add that the manager who let me go was fired 2 mths ago, will that have any bearing on my case, because who will show up in her place, and tell her story. I had no yet gotten a date for the hearing I just got a letter saying that my former employer is applealing the decsion that UE made.
I like also to say, that I am on extension with ue, and I had to file a new claim, and when I did this UE asked who my last employer was I told them, and then they asked why I left, I told them lack of work. But my main job was the one I was getting the intial unemployement. It so confusing I only worked part time for 4-8 hours a week. Also
I like also to say, that I am on extension with ue, and I had to file a new claim, and when I did this UE asked who my last employer was I told them, and then they asked why I left, I told them lack of work. But my main job was the one I was getting the intial unemployement. It so confusing I only worked part time for 4-8 hours a week. Also
When you had to file the new claim and you added this employer as the last employer, the DOL likely sent out a notice stating they would be charge for the UE claim filed. It is my understanding that these notifications sent to the employer look like a brand new claim, regardless as to whether the DOL decides to continue an existing claim. This action likely prompted them to appeal.
Again, my assumption, the DOL will have to examine which of your employer's account will be charged for UE (particularly those weeks under a regular [state] claim). They are probably also investigating whether you earned enough money with this second employer to establish a new regular claim or to continue with extending benefits.
As far as that prior manager, either you or the employer could call her in as a witness. Certainly her testimony would be vital; unfortunately, there is no telling how she'll reinterpret the situation. If not already, you should get documentation from DOL regarding the steps of the appeal hearing process, how to enter evidence and subpoena witnesses.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Unemployment Hearing New York
