company appealing unemployment

[krnacl2]

What is the name of your state (only U.S. law)? Ohio
I filed for unemployment after being terminated for rolling over customers CD's without customer approval( which isnt true). My unemployment claim was granted on now the company is appealing approval. The reason for appeal is as follows: Claimant was discharged for violation of a resonanable and known policy. This matter was reported to employee relations by branch manager that at least four customers of the bank had contacted the branch manager and stated that their certificates of deposits had been rolled without the customer permission. Employee relations researched the issue and it was determined that claimant had redefined the CD"s at issue on 11/5,11/16, and 11/18. Employee at the bank recieve incentive credits for Cd redefinitions. Per company records claimant did receive incentive credits for the redefintions at issue. Claimant stated to employee relations she does not recall speaking with the customers in relation to the CD definitions and she must have done the four CD's by mistake ... Now the real story is I was on FMLA which this manager started harassing me about in September. I filed a claim with HR against her at that time and again at the end of November before any of this was brought to me by employee relations. On Nov. 18th one of the dates of redefinition I was not even in the office I was in training at another location with no access to do branch business. I was never warned before, and in three and half years of employment was only given a verbal warning for not answering phones fast enough. I believe the manager that reported these instances was the one that redifined these CD's on my computer. I explained all of this in my answer to the appeal. Do I have a chance of losing unemployment benefits?

 

[Hot Topic]

Yes, you do.

 

[swalsh411]

Can you can show you were at training on those days when the transaction was processed and had no access to do this remotely? If so, then it seems pretty open and shut to me that you couldn't have possibly done that so I wouldn't think you would be disqualified on the basis of misconduct.

 

[commentator]

Since your former employer has appealed the decision to grant benefits, yes, you COULD lose your benefits, but what you are going to do is participate in the hearing that will be held,and present your information about the actual episode in which you were terminated, the cause you believe led up to your termination, and the proof you have that you were in a training somewhere else on those dates. You could even, if necessary, bring in gas purchase receipts, hotel receipts, or any kind of work related or personal info that would show you were not at your regular work site on those days.

You had a pretty good case, enough to win the initial decision, though the company presented this information to the EDD. But they always have the right to appeal, and many employers will always appeal every case no matter how strong the claimant's cause.

Don't take this personally. The person who got you terminated very well may not be the person who handles this hearing with the unemployment system. It may be a private contractor who has been given your records, or it may be someone from the company's HR. In either case, you will simply present your information again, clearly and logically, and the decision will be rendered by an appeals officer/judge.