Appealing Unemployment Claims

[HRAppliances]

What is the name of your state? Florida

I am replacing the previous HR manager. She handled a case whereas an employee threatened violence ("I'll be back with my boys") and was terminated (he walked off the job and didn't come back as he heard he was going to be fired). The reason for his termination was misconduct.

The former employee filed for unemployment. The claim was sent out and there was a phone hearing with the previous HR manager (I was not present for that). The decision came back that the former employee was not discharged for misconduct. I have appealed that decision showing handwritten records that the former employee threatened violence. The decision came back that this is new information, the courts will stick with the original info and the former employee will be able to collect unemployment. The appeals commission referred to Fl. Statute 443.151(4)(c).

How do I successfully appeal and win in this situation. The former employee barely passed his 90 day probation and threatened violence at least 3 times in the one altercation. We don't find it right that he will collect unemployment.


Please advise -
Thank you,
Jennifer

 

[hexeliebe]

It looks like from my reading of the applicable statute, that the referee is saying that the appeal was not filed in time.

The reference for the quoted statute is here:
http://www.megalaw.com/fl/flstatutes.php?App_mode=Display_Statute&codelink=Search_String=@URL=Ch0443/SEC151.HTM@Title=->2003->Ch0443->Section%20151

 

[Beth3]

The former HR manager blew the hearing so you're stuck paying UC benefits.

(1) When appealing a hearing decision, ONLY the information presented AT THE HEARING is reviewed - no new evidence will be accepted. The appeal board's role is solely to determine if the ALJ made the correct decision based on the testimony and evidence presented at the hearing.

(2) Written documentation of threats is merely hearsay (unless of course the employee was stupid enough to make the threats in writing.) What the former HR Manager needed to do is have those who heard the threats being made testify in person at the hearing.

(3) While I realize that context is important, "I'll be back with my boys" isn't much of a threat. If that's all the HR Manager had to present at the hearing, then it was a lost cause to begin with. She might have been better off contesting the claim based on job abandonment, as the employee walked off the job. Another issue to consider is how timely the discharge was after the "altercation" you mention. If the decision to term didn't happen immediately following the incident, then the ALJ would question how seriously the company took the threats.

It sounds like you're fighting a losing battle. Chalk this up to one of those times where you're much better off without the employee, even if you end up paying UC benefits. And as it sounds like you're new to all this, I suggest you get yourself to a good seminar on unemployment compensation laws and procedures for your State. Better luck next time.