DOL Appeals Advice Please

[drogan4]

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

This goes along with the appeals topic below. But I didn't want to hijack a thread in order to ask about my case.
I have been receiving unemployment benefits since the beginning of July. My employer has appealed the decision. They say that I was fired because of unsatisfactory performance. I have received the evidence that they are going to present in the case and it is the write ups that I got while I was employed.
I understand the burden of proof is on them. And that is why they are presenting the write ups. But no two write ups are for the same thing. And the final reason that I was let go is because there was a task that was assigned to 2 people before me and they didn't get it done. And one person after me and they didn't get it done, but I was the only one to get fired.
My position is that once the next person assumed responsibility for the task...I was done with it. I was not even actually assigned to it. My boss just said that since it was there I should have done it. But by the time I discovered that it wasn't done, it was time for me to clock out for the day. I even told the next manager that I would stay and complete it, but he said not to worry about it and he would get it done before close. Shouldn't the responsibility fall to the last person assigned to complete it? Am I missing something?

I read on another post in this forum that Unsatisfactory Performance means that you voluntarily, and with full knowledge that it was unacceptable, had decided not to do your job to the best of your abilities.
(can someone please tell me what legal document this is a quote from?)

I did the job to the best of my abilities. Why do they think they have a case?What is the name of your state (only U.S. law)?

 

[cbg]

It's not a quote from a legal document. It's an explanation of how UI generally works.

Why do they think they have a case? How the heck should we know? We are not inside their head, and I'm quite sure that their view on the matter of responsibility is very different from yours.

 

[drogan4]

While I appreciate your candor and straight-forwardness; I was hoping for a little more analysis of the situation.

Given the facts of the case above: Do you think that the state would reverse my UI decision?

 

[pattytx]

Given the facts of the case above: Do you think that the state would reverse my UI decision?

Yes.

Or No.

What difference does it make WHAT we think? You wait until you hear. No point in obsessing over it now.

 

[drogan4]

I don't think I would call it obsessing. I am actually just trying to prepare myself for the hearing. You know, the way an attorney would prepare for a court case?

I was hoping that I would get some decent advise from the senior members of this forum. The people who are more well versed on these types of things. This is first time I have ever had to do this, and I would like to do correctly.

I know that I need to say and do certain things in order to come out on top. I thought I could do that by coming here and presenting my case and maybe have someone try to poke holes in it the way that they would.

Perhaps I am expecting too much from this forum.

Thank you for your replies. I will continue my research elsewhere.

 

[ecmst12]

Your argument sounds reasonable, but you are asking the posters here to predict the future. Unfortunately, that's still beyond our capability. UC standards vary greatly from state to state and if no one here has ever been through a hearing in your particular area, (and I don't think anyone has) they couldn't begin to comment on what the atmosphere will be like there.

 

[drogan4]

EC,

Thank you.

Finally, a useful and relevant reply!

I didn't know that there is no one from my area here. Thank you for telling me that. That makes it a little easier to understand the tone of the replies above.

 

[cbg]

Not to mention the fact that the hypothetic poster would not have to be from the same area as you, but have been through a similar hearing for similar reasons, before they could provide anything more than a guess. As I said above, we are not mind-readers to know why your employer is doing or saying what he is doing or saying.

 

[drogan4]

I was not asking anyone to read minds. Nor was asking for anyone to predict the future. I was simply stating my case to seasoned professionals in order to get a different point of view.

I thought perhaps someone else could point out something that I was not seeing. Or possibly not aware of.

I wasn't asking anyone to take a "guess". I apologize if that is way the communication came across.