Chances of Winning Unemployment Appeal?

[GonzoFL]

Phase8:

The appellant does not get to “tell his story”, s/he is directed to answer specific questions:

I don’t know anything about Oklahoma nor did I ever say anything about Oklahoma. Ditto for Florida.



The reason I mentioned Oklahoma is because the originator of this thread is residing in Oklahoma.The reason I mentioned Florida is because I went through a telephone appeal in Florida(was actually involved). Contrary to Ohio and from what Utopmkin is telling us,the appellant in Oklahoma is asked for their side of the story.It wouldn't be much of a hearing if you were not allowed to give your account of what happened. Ohio does things different evidently.

 

[Utopmk]

Of course, the documentation in the appeal might be enough even if the employer doesn't show up. I think the chances are much lower, say 4%.

It wasn't your fault you were late? Then whose fault was it? The employer's?

Pattytx, would you say that my chances are now closer to 90% than 4%, based on my hearing? Or do you still think I'm going to lose? I'm not trying to be pretentious. I just wanted to know if your opinion has changed on this issue now.

 

[pattytx]

I was giving a number because you seemed to want a number. I made it up.

Commentator would have a more nuanced opinion that I would.

 

[cbg]

Given that I have had employees denied unemployment for tardiness and absences when I didn't even contest, let alone contest and then not show, I would say 90% is a tad optimistic.

 

[commentator]

Yes, but gotta remember, cbg, we sort of slipped past the "tardiness" issue.

Tardiness and absenteeism are the two best ways an employer can fire an employee and keep them from receiving benefits. They are usually spelled out, they are totally finite, and they are measurable. If you have a policy, and this guy violated it x number of times, he's outta luck, whether you argue it or the adjudicator has it before him to see anyway.

The worst ways to terminate are "performance" ('cause very few people will admit they voluntarily screwed up on the job) and what we used to call "mish-mash" which means this was a terrible employee, and he did hundreds of bad things, but nothing more than once that could be distinguished as the reason. But trying to force the employee to say he quits so you won't have to say you fired him is a pretty lame one too.

This employer decided to be too smart for their own good by getting the OP to sign a letter saying he resigned (in the mistaken notion that you can't ever get unemployment if you quit). This became the issue of the termination, not the tardiness. So I'd say he's at least at 80% possible here.

Incidentally, I once attended a dog show where there was only one dog in the class, and it took 3rd place!

 

[cbg]

Oh, I'm not saying it's a slam dunk in favor of the employer; I'm saying that the poster's insisting on 90% odds in his favor is not necessarily the case.

 

[Utopmk]

I'm still awaiting the determination. On the website where I file weekly claims, it now says "payment was not made because of an unresolved separation issue with the last employer". I take that to mean that it is still pending. She told me it would be up to 14 days. I didn't expect to wait so long, and thought that was just a formality...but I'm still waiting.

 

[pattytx]

I waited for over 3 weeks to hear back on my appeal (in MD) and they had 30 days to get it to me. Waiting sucks.

 

[Utopmk]

It was affirmed, and I was disqualified. She sided with the employer, even though employer did not show. I have the audio tape of the hearing, and there are a lot of key things left out of her decision, and some of her "findings" are just untrue based on my testimony. She also stated that the employer never flat out said "you're fired", however I think letting me know I had to leave, and walking me to security was basically saying that.

I guess people usually give up at this stage? I won't!! So, for this Board of Review thing, do I need to start a new thread?

note: I recently submitted a story idea to CNN/ABC about investigating the nature of unemployment law. I think the general public needs to know about this, as the employer usually has the advantage of experience.

 

[cbg]

On the other hand, unemployment laws are already geared in favor of the employEE.

 

[Zigner]

1: You quit.
2: You were habitually late.

Either one could cause you to lose.

(And, DID)

 

[commentator]

File the appeal at once. Submit your material to the board of Review. Keep on filing for your weekly certifications.

While requesting this next appeal, In writing, point out the things you disagree with on her citing of the evidence used to make this "upheld" decision. Point out that you were given no choice about staying, that you did not utter the words I quit, and that you were given no choice about signing the paper or leaving the building.

The board of Review will do just that, review, and make sure that the adjudicator followed the law in this situation. If they say she did, then you have the court system to go into. It's usually not worth your time, since you are probably not going to be able to do this without a lawyer and you don't have a very great chance of winning.

No, there is no need to do an expose of the unemployment system. What you have seen is a small part of the left little toenail of the elephant...in your state only. Unemployment is not, as a whole, slanted toward the employer. It is unbiased. There is really a slight bias in some states one way or another, but it's not enough to make a story. You didn't have a very good chance in the first place, and it sounds as though the employer must've had pretty good records of what they were claiming. But anyhow, take it on up there. You have nothing to lose by doing one more look.

 

[commentator]

There are certainly cases where the board of review does overturn the ajudicator's decision. Especially right now, there are quite a few brand new ajudicators who have been put in the system to serve the huge number of new unemployment claims being filed. Sometimes ajudicators let personal bias or reaction to a party in the case affect their decision.

Please remember in your phone calls to the state and in your dealings with everyone that a polite and professional style will carry you far. Young men have lots of energy and ambition, this is a good thing. However, no one responds well to arrogance, even if you are as right as the law can possibly make you.

In response to your inquiry, you clearly seem to have a "quit or be fired" case. What you are quoting from, though is not case law, but a "helping" site. The u.i. people the state are very familiar with all the case law regarding this issue and it sounds as if you have already established it. It will not hurt to re-emphasize it, though.

Also, please remember that even if you (by gosh!) win this appeal or the next one, your energies will have been spent getting yourself much less money for a finite period of time. Getting a good next job or enhancing your employment skills to the point where that is possible is a better use of your energy than posting all day trying to win arguments. I sort of pick up this aspect of your personality. Have you considered a career in a field where this will be an advantage? Best wishes to you on this next level of appeal.