DENIED benefits in NC! Waited 7 weeks and now this...

[LostinNC2010]

(scroll to bottom)North Carolina.
Well, let's see what opinions you all have on this one.
I was a clinical pkg supervisor at a pharmaceutical company earning ~50K.
When I filed, I had to write my case due to the ESC already knowing I was discharged because of the human resource dept of the company. I did not verify an equipment setup, and signed the batch record as if it had been done. All by accident and obviously not intentionally. Six hours later and I was walked out. This in fact is apparently why I was discharged for misconduct connected with the work. This is what actually happened and is also what is written on the denial letter.
Ten days before freakin christmas. I just think it was good timing to let a $50K employee get off their books.

Is it worth me appealing? Or am I simply doomed for denial again. I know they don't want to hear the pity story, but my house is now being foreclosed on just after I got a loan modification approved for this year, and everything else is going down the crapper as well.
Also, doesn't the commission base anything off of statistics such as the rate of getting a new job? For example, seems an $8/hour job can be got within days as opposed to a $50K/yr job which most likely would take at least 2 months to find.
Alright, I'm done rambling....any help out there for me?What is the name of your state (only U.S. law)?

 

[Antigone*]

North Carolina.
Well, let's see what opinions you all have on this one.
I was a clinical pkg supervisor at a pharmaceutical company earning ~50K.
When I filed, I had to write my case due to the ESC already knowing I was discharged because of the human resource dept of the company. I did not verify an equipment setup, and signed the batch record as if it had been done. All by accident and obviously not intentionally. Six hours later and I was walked out. This in fact is apparently why I was discharged for misconduct connected with the work. This is what actually happened and is also what is written on the denial letter.
Ten days before freakin christmas. I just think it was good timing to let a $50K employee get off their books.

Is it worth me appealing? Or am I simply doomed for denial again. I know they don't want to hear the pity story, but my house is now being foreclosed on just after I got a loan modification approved for this year, and everything else is going down the crapper as well.
Also, doesn't the commission base anything off of statistics such as the rate of getting a new job? For example, seems an $8/hour job can be got within days as opposed to a $50K/yr job which most likely would take at least 2 months to find.
Alright, I'm done rambling....any help out there for me?What is the name of your state (only U.S. law)?

You were fired for a just reason. I know things must be hard but you really don't have anyone to blame but yourself. I'm sure you had the best intentions but intentions don't mean diddly in the business world.

I don't know that an appeal would do you any good. You would be better served working on your resume and actively pounding the pavement to look for a new job.

 

[cbg]

I would never tell someone not to appeal. I've seen some stranger reversals than this - on both sides of the question.

However, I don't think you have a particularly strong case.

 

[LostinNC2010]

No doubt. Sucks that I'll go from 50K per year to no house, no car, no phone if something doesn't turn around in the next week. I was living paycheck to paycheck. Nothing saved up, IRA depleted, 401K depleted, CC's shot. Just filed taxes...would've got something back, but owe federal from 3 yrs ago taking out an IRA. I'm screwed. Gotta act on something this weekend.
Thanks for your quick reply. Nice that someone is listening

 

[Proserpina]

I would never tell someone not to appeal. I've seen some stranger reversals than this - on both sides of the question.

However, I don't think you have a particularly strong case.

Absolutely.

Particularly as the ramifications of OP's actions could have been extremely expensive for the employer to rectify - the FDA alone can make life very, very difficult in these situations.

While there's no harm in appealing, I cannot see this one being successful.

 

[commentator]

Appeal, appeal. Send back the material merely saying, "I wish to appeal this decision." You do not present your argument at this point or send anything in to the unemployment appeals division. Continue to certify for each week that passes while you are waiting for your appeal hearing. Suggest you request an in person hearing.

Now, you may have done something very stupid. But it was an "accident", not an "I did it on purpose." You need to sit down and write this whole thing up, get your material organized and detail what happened. Exactly how long you had been doing this job. What the usual way to do this was, what the standard operating process was. Then explain how and why it went wrong this time, as you see it. When the hearing comes, you will present this, not in written form, but in your presentation of the situation.

Remember, they have to prove actual misconduct. Intentional misconduct. In other words, you knew better, you had done it correctly, but this time, with malice aforethought, you decided to mess this up. For fun, to screw things up for your employer, because you were feeling suicidal and decided to ruin your life...Yeah? If this isn't the reason you did it, then you need to say you did not commit misconduct. If you had not ever had any previous warning or write up for doing this wrong, you need to mention that fact, too.

Now, of course you had to write your case up as being terminated by the company for misconduct. But as I said, it was not intentional misconduct. You did your job to the best of your ability, right? This is the argument you will need to present NOT in a letter or something, but in person, to the hearing appeals referee at the time you are having your hearing. Keep it simple, concise, on fact, dealing only with your actual termination and that incident.

Also, get over that snobby stuff about how they should give you unemployment not based on unemployment law, but because it will be so hard for you who made a better salary to get another job than a lowly $8 an hour guy. No deal, relative economic status of the claimant is not a factor. Unemployment eligiblity is not based on need, is not based on your financial situation, is not welfare. And if you do not meet the eligiblity factors required, such as "out of work through no fault of your own," you do not qualify, no matter if you are starving to death on the street. There are other forms of assistance that are needs based, but unemployment insurance is not one of them.

You must go through the appeals process, and win your appeal by proving that although you did something wrong and screwed something up, it was not due to meanness or negligence or intent on your part.

I have seen some amazing wins, where an employee had cost the company a huge amount of money, and they fired them, but as it was not considered misconduct, and he/she was approved to draw benefits. This enrages companies, but any time there is a firing, there must be proof of misconduct.

 

[Hot Topic]

The OP didn't verify an equipment setup, but went ahead and signed as if it had been? And she's a supervisor? That's not misconduct? I hope you're not serious.

 

[Proserpina]

The OP didn't verify an equipment setup, but went ahead and signed as if it had been? And she's a supervisor? That's not misconduct? I hope you're not serious.

Exactly my point.

Accident or not, this would usually be considered misconduct.

 

[LostinNC2010]

Exactly my point.

Accident or not, this would usually be considered misconduct.

Gross misconduct? This was misreading a step.

 

[Proserpina]

Gross misconduct? This was misreading a step.

I did not mention the word "gross". But that aside, you should know as well as I do that - accident or not - you did something which, in the industry, is simply NOT acceptable.

 

[LostinNC2010]

I did not mention the word "gross". But that aside, you should know as well as I do that - accident or not - you did something which, in the industry, is simply NOT acceptable.

Of course it's unacceptable. Looking at a woman in the workplace is "unacceptable" too. The mentality of getting rid(firing) of what society/businesses thinks a threat is as opposed to teaching them is what the FDA has put fear into these types of companies. Always the "what if" scenerios. The ESC acts as if humans are to be robots. At the end of long days, things slip, and this was one of them. Not intentional. Sure I'm pissed off I slipped. It's not in my nature. I sure wouldn't desire unemployment when it's 1/2 my current weekly salary. I see I won't have much encouragement from Prosperina, but commentator actually gives me hope.
Anyways, I'll appeal. If I look the fool then so be it. What do I have to lose? I'm already FUBAR
At least everyone is being honest.....and not sending me on a wild goose chase

 

[Proserpina]

I'm sorry.

I didn't realize you were looking for encouragement.

(for what it's worth I worked in phase IIIb/IV clinical trials for quite a few years. I am painfully familiar with FDA and pharmaceutical procedures)

 

[LostinNC2010]

So I put in for an "in person" appeal today.

So for finalization of this post, what are the key components I need to hit on when I get to the hearing in order to win this? I will take commentator's advice. Are there any more? The best would be to break it down in question for me....or straight comments.

I'm looking and taking little jobs as I can here, but truly need this unemployment even just for a short while to get me by paying bills, etc. I've already accepted I'm losing my house

Thanks all!!!

 

[Zigner]

Not doing the setup - that's misconduct.
LYING on the certification - that's GROSS misconduct.

IMO

 

[LostinNC2010]

Not doing the setup - that's misconduct.
LYING on the certification - that's GROSS misconduct.

IMO

Zigner,
Can you elaborate. As in certification, do you mean the batch record step that I accidently signed without checking the setup first?

Do you think I have no chance? Is the ESC looking to deny with only misconduct or gross misconduct?

Will it matter to them if it was intentional or not?