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  1. #1
    liz2812000 is offline Junior Member
    Join Date
    Sep 2005
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    Employer Appealing Unemployment

    What is the name of your state?New Mexico
    I was fired for "not following proceedures" I use quotations because that is what I was told for my employer to fire me after 4 days of suspention. I was suspended because I participated in a meeting during working hours so as a group we could all talk to our supervisor about our lead person that was treating people unfairly as far as just interupting people when were helping eachother with our work. When we were told to be a team. I myself have on several occations talked to my supervisor about that lead person treating me with disrespect. All the supervisor would tell me was that don't worry about it I will take care of it. As months went by lead person still treated me with disrespect. One day he would tell me to be helping people and then the next day he would tell me to not be going and asking people if they need help, when I never did. This went on for 9 months of telling me positive things and asking me if I was spreading rumors about him. Which I never did. I would tell the supervisor about all these things and time and time again would tell me the same thing "Don't worry about I will take care of it." I felt like a little kid telling parents that so and so was saying and doing this and that. So in the last week of June a group of people got together so we could talk as a group to the supervisor and supervisor refused to come out of his office and talk to us. I was the one who called him on the phone to ask if he could come out and talk to us. So in conclusion we were all talked to one by one privately with the HR person and was asked who started the meeting and who conducted the meeting I told who. So after a couple of days me and 2 other women who conducted the meeting were suspended. After 4 days I was fired because I didn't follow company proceedure and I violated the "Teamwork definiton" of humiliating and disrespecting and "Ganging up" on the lead person and "conducting" the meeting which I never did any of those things. But they never showed me in writing where it says that we cannot conduct such a meeting. So now I have been reciveing unemployment and now the employer has asked for a hearing which will be conducted over the phone and I am woundering what will happen and what I can say to keep my unemployment for the time I am allowed to have so I can go to school and get a better education. I want to get a degree in education so I can become a teacher. Could this appeal be ok? I read in the handbook I have for unemployment that you could only appeal 15 calendar days and if you do an appeal after that that there has to be a good reason for it. I wounder what that good reason they gave that is so good and what good reason I could give to they can deny the employers appeal.
  2. #2
    cbg
    cbg is offline Senior Member
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    Nov 2001
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    Massachusetts
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    34,263
    The UI office is not in the habit of allowing appeals that do not at least technically meet the guidelines; UI is biased in favor of the employee in most states.

    Did the notice of appeal give you any idea of the grounds?
  3. #3
    liz2812000 is offline Junior Member
    Join Date
    Sep 2005
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    Employer Appealing unemployment

    New Mexico
    It says that the issues are Whether any benefits paid to the claimant shall be charged to the employer's account,pursuant to Section 51-1-11B and 51-1-11D provided the employer is subject to taxing provisions11.3.400.419 NMAC.

    Whether the claimant left his/her employment with the above-named employer without good cause connected with the employment, pursuant to Section 51-1-7A(1) or, was discharged for misconduct connected with the work pursuant to Section 51-1-7A(2),
  4. #4
    LorenSterling is offline Junior Member
    Join Date
    Jul 2005
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    20
    Just be honest and tell the truth at the hearing. But FYI, Unemployment Insurance is intended to help you out while you look for another job, not to pay your living expenses while you go back to school.
  5. #5
    liz2812000 is offline Junior Member
    Join Date
    Sep 2005
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    3
    New Mexico

    Of what I have written in the past forums. I was woundering what the termination was for in the first place as the employer never told me exactly the reason for being terminated. only i was told because i didn't follow company's proceedures. that was it.

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