2nd Unemployment Appeal

[orangekw]

I was recently fired for misconduct which was legitimate. I filed for Unemployment, was denied, appealed the decision, had a hearing and lost that too. I am now going to file a 2nd appeal and must write a letter. Now, 3 other people in my same department committed the same exact misconduct w/in the last year or 2, during which time no company policies have changed. All three were confronted by the program director and admitted what they did, same as I did. All three were then given a warning which was documented in their files. I got no warning and was fired 2 hours later. There is no warning in my file to date. I don't know if I have a leg to stand on and if so, how do I include this into my letter? During my appeal hearing I was asked if I was warned and I said no. I started to give info about the others not being fired, I was told by the mediator that the hearing was about me, not other employees. Any tips?

 

[Beth3]

Just write the letter as you have explained above, although include the detail about what you and the others did. I have to tell you though that the chances of the decision made at the hearing being overturned are extremely slim.

 

[pattytx]

Agree with Beth3. There could have been any number of legal reasons that you were fired for doing X, when other employees who had also done X were not. There is no requirement that employers discipline (or don't discipline) employees the same, unless that reason is based solely on a protected characteristic, such as your age, race, gender, national origin, religion, etc.

Sometime, it's just the straw that broke the camel's back and you were chosen as the example.

 

[Beth3]

Inconsistent enforcement of work rules can result in UC benefits being awarded however the problem the OP has (or at least one of the problems) is that all she has is hearsay to support her allegations that this occurred.

 

[commentator]

The second appeal is to the board of review, whatever it is called in your state. There is really very little chance that the decision will be overturned by the board of review, as their function is to see that the law is followed.

What I would do is comment that you were fired for misconduct, review what the misconduct was, and how you knew it was misconduct, and why you went ahead and did it in the first place, knowing it was misconduct. Then go into the fact that you have seen three other employees who did the same thing you did (it's important to note if they did it before you did, or after you did) and were treated completely differently. That they were warned, but you were fired. Did you have any previous warnings? You'll need to mention this.

It really isn't too terribly important what you say. There's no real reason to agonize at this point, say everything you think is relevant, there will be a review, and then a decision will be issued as to whether the law was followed in this case. But very sadly, if they want to terminate you, in complete opposition to previous company policy, this is pretty much okay. As long as they are sure this was misconduct, you knew it was misconduct, and you did it anyway, they don't have to be consistent as far as what they do to their employees, whether they fire them or not.

But go on and file the appeal, you've certainly go nothing to lose here.