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  1. #1
    Utopmk is offline Junior Member
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    Question Chances of Winning Unemployment Appeal?

    What is the name of your state (only U.S. law)? Oklahoma

    Originally, my unemployment claim was denied based on a resignation paper I wrote and signed, prior to what I believed to be certain termination. Since then I appealed the Unemployment Rep's decision, and have a telephone hearing scheduled in the near future.

    I appealed on the grounds that my work enviroment was hostile, and that it was in retalliation of my complaining to an HR manager in writing, which I have faxed to the appeal tribunal. I was told it would be better to resign, so I would be eligible for rehire, and so it wouldn't be job abandonment. The reason I was to be terminated was for attendance issues.

    This is how the attendance policy worked. You receive a quarter point for each late. I had 1 more quarter point before I would be terminated, on my last day, I was technically late. However, only by 4 minutes. (note I received a late for 4 minutes the previous day which resulted in a quarter point) However, I was in the building and in my seat on this very day, and even swiped in at the door with my badge 15 minutes early...however you are unable to log in to your time card until a computer fully loads. It can take up to ten minutes to find an available seat, and up to ten minutes to load a computer if it is powered off, which mine was.

    I spoke to a supervisor about my resigning in lieu of termination, and gave them ample time to tell me I wouldn't be terminated, however no one did.

    My employer told the Unemployment Rep. that I quit voluntarily, and was at no risk of losing my job. However, the evidence they submitted showed that they documented that 4.00 minute late, and put an "exclude" next to it, before faxing it off to the unemployment office. I used that document as evidence to my claim, noting that there was an "EXCLUDE" next to that late for 4.00 minutes, but not for the prior day that was 4.00 minutes.

    This was 2 days after I complained to HR that I was being harassed and belittled by my boss.

    I believe I was tricked into quitting.


    You guys think I have a chance?

    Thanks,

    Utopmk
  2. #2
    Zigner is offline Senior Member
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    Quote Originally Posted by Utopmk View Post
    What is the name of your state (only U.S. law)? Oklahoma

    Originally, my unemployment claim was denied based on a resignation paper I wrote and signed, prior to what I believed to be certain termination. Since then I appealed the Unemployment Rep's decision, and have a telephone hearing scheduled in the near future.

    I appealed on the grounds that my work enviroment was hostile, and that it was in retalliation of my complaining to an HR manager in writing, which I have faxed to the appeal tribunal. I was told it would be better to resign, so I would be eligible for rehire, and so it wouldn't be job abandonment. The reason I was to be terminated was for attendance issues.

    This is how the attendance policy worked. You receive a quarter point for each late. I had 1 more quarter point before I would be terminated, on my last day, I was technically late. However, only by 4 minutes. (note I received a late for 4 minutes the previous day which resulted in a quarter point) However, I was in the building and in my seat on this very day, and even swiped in at the door with my badge 15 minutes early...however you are unable to log in to your time card until a computer fully loads. It can take up to ten minutes to find an available seat, and up to ten minutes to load a computer if it is powered off, which mine was.

    I spoke to a supervisor about my resigning in lieu of termination, and gave them ample time to tell me I wouldn't be terminated, however no one did.

    My employer told the Unemployment Rep. that I quit voluntarily, and was at no risk of losing my job. However, the evidence they submitted showed that they documented that 4.00 minute late, and put an "exclude" next to it, before faxing it off to the unemployment office. I used that document as evidence to my claim, noting that there was an "EXCLUDE" next to that late for 4.00 minutes, but not for the prior day that was 4.00 minutes.

    This was 2 days after I complained to HR that I was being harassed and belittled by my boss.

    I believe I was tricked into quitting.


    You guys think I have a chance?

    Thanks,

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

    Either one could cause you to lose.
  3. #3
    Utopmk is offline Junior Member
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    Quote Originally Posted by Zigner View Post
    1: You quit.
    2: You were habitually late.

    Either one could cause you to lose.
    A little less negative ? ?

    Look at the reasons for both. This is a complicated case, and it took me a long time to write that out.

    An employer is considered to have discharged an employee if the employer intentionally made or allowed the employee's working conditions to become so intolerable that a reasonable person in the employee's situation would feel that [he/she] had no choice but to quit.
    I found that in cited at an Oklahoma Law site. I believe that my attendance points were no fault of my own, and I was pressured to quit.

    Do you have any questions?

    Thanks.
  4. #4
    Antigone* is offline Senior Member
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    Quote Originally Posted by Utopmk View Post
    A little less negative ? ?

    Look at the reasons for both. This is a complicated case, and it took me a long time to write that out.



    I found that in cited at an Oklahoma Law site. I believe that my attendance points were no fault of my own, and I was pressured to quit.

    Do you have any questions?

    Thanks.

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

    Either one could cause you to lose. (Zigner, 2009 almost)
  5. #5
    Utopmk is offline Junior Member
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    Quote Originally Posted by Wirelessany1 View Post
    1: You were fired.
    2: You were habitually late.

    Either one could cause you to lose. (Zigner, 2009 almost)
    On my last day, I was in the building, and my badge was swiped...as I said. It takes up to ten minutes for a computer to load at this particular call center. If I am sitting down waiting for a computer to load, then I am technically at work. One should not expect an employee to be overly early, when not being paid for that...right?

    I was late at times, but the ones that resulted in my discharge were no fault of my own.

    I'd still like more opinions.
  6. #6
    ecmst12 is offline Senior Member
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    Call centers expect you to be at your desk READY TO TAKE CALLS when your shift begins. Not waiting for your computer to boot up (and if that takes 10 minutes, there's something wrong with your computer).
  7. #7
    Utopmk is offline Junior Member
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    Despite what they expect, it is unlawful to expect someone to be working, and not be getting paid for it.

    The computers do take an extra long time to load, because there were ALOT of systems we had to use.
  8. #8
    Utopmk is offline Junior Member
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    It's kind of funny...

    I looked over most of the answers on this forum, and most of them say No, No, No, No and No. Or "I would hire an attorney", get a lawyer...blah blah blah. Give me your opinion, without being a cynical jackass or telling me to get a lawyer.
  9. #9
    Proserpina is offline Senior Member
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    Quote Originally Posted by Utopmk View Post
    It's kind of funny...

    I looked over most of the answers on this forum, and most of them say No, No, No, No and No. Or "I would hire an attorney", get a lawyer...blah blah blah. Give me your opinion, without being a cynical jackass or telling me to get a lawyer.
    Be honest here - do you want advice, or do you want someone to tell you what you want to hear?

    You've already been given accurate and timely advice - it might not be what you want to hear, but that's really quite unimportant.
  10. #10
    Zigner is offline Senior Member
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    Quote Originally Posted by Utopmk View Post
    Give me your opinion, without being a cynical jackass or telling me to get a lawyer.
    I'm sorry, but Tuesdays are my cynical jackassy days. If you don't like it, pay a lawyer to tell you what you want to hear.
  11. #11
    Utopmk is offline Junior Member
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    High post count doesn't make you right. I've ran several forums, and there is always some pompous OP on the forum who thinks their advice is more important than everyone else, and the first response is given, and everyone else follows suit and copycats OP. Though OP may be ignorant to state laws, and it is unlikely that OP took time to read post, when OP replied to question within 2 1/2 minutes from the exact time the thread was started.

    Though, I will admit I read his name as "Zinger" originally.

    You've already been given accurate and timely advice - it might not be what you want to hear, but that's really quite unimportant
    What makes you think it's accurate advice? My question was "Chances of Winning Unemployment Appeal?", not "what could cause me to lose my unemployment appeal?".

    I think I was pretty specific in the naming of my thread...

    Any actual experts here?
  12. #12
    Proserpina is offline Senior Member
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    Quote Originally Posted by Utopmk View Post
    High post count doesn't make you right. I've ran several forums, and there is always some pompous OP on the forum who thinks their advice is more important than everyone else, and the first response is given, and everyone else follows suit and copycats OP. Though OP may be ignorant to state laws, and it is unlikely that OP took time to read post, when OP replied to question within 2 1/2 minutes from the exact time the thread was started.

    Though, I will admit I read his name as "Zinger" originally.



    What makes you think it's accurate advice? My question was "Chances of Winning Unemployment Appeal?", not "what could cause me to lose my unemployment appeal?".

    I think I was pretty specific in the naming of my thread...

    Any actual experts here?
    Where I come from most intelligent adults would find it quite simple to deduce the answer from the points already made.

    Let's try one more time though. It's late, I've had a Guinness and I'm feeling generous.

    "Chances of Winning Unemployment Appeal?
    Answer: Slim to none.
  13. #13
    ecmst12 is offline Senior Member
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    You want a number? Ok, you have a 37% chance of winning the appeal. Your former employer might not show up.
  14. #14
    pattytx is offline Senior Member
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    Quote Originally Posted by ecmst12 View Post
    You want a number? Ok, you have a 37% chance of winning the appeal. Your former employer might not show up.
    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?
    ---------------------------------------------------------------------------------------------------------------------------------------------------------
    You have not won the law suit lottery; in fact, you haven't even won the law suit scratch-off.
  15. #15
    Antigone* is offline Senior Member
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    Quote Originally Posted by pattytx View Post
    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?
    And before the OP comes back to ask where the experts are...

    He just heard from one of the best. I'm with Patti. 4% chance of winning (I think those odds are generous).

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