Employer pulling out all the stops

[JasonSel]

PA - I was fired from my job (with no reason) over a month ago, I filed for unemployment with which after a small speedbump, I received it, fast forward 3 weeks later, I have received 3 unemployment checks and have recently started a new job. My old employer has appealed the decision, claiming now that i was fired for a bad attitude and employee handbook violations. Enclosed in my envelope was 2 letters, 1 dated 6 months ago(which I have never seen) and 1 dated the day I was fired(which I have not seen as well). Both letters have lies about occurances that happened there and now saying that is why I was terminated. The only proof he has is a letter I wrote to him almost 6 months ago asking for a meeting to talk about things that I have seen and problems that have made my job very unfitting. What I'd like to know is incase by some strange reason there is an actual hearing, what do I need to shut him down???

 

[Hot Topic]

Concentrate on your new job instead of getting even with your old employer. He was free to terminate you unless it was for a reason not permitted by law, and you were free to get another job should a better one be offered.

In order to "shut him down," you would need proof that you didn't do what he claims you did. And while you're asking for time off to fight your former employer, your new one may decide to shut you down.

 

[JasonSel]

Ummm you misunderstood somethine somewhere, my former employer is trying to get the money back that i already received from unemployment. I want to shut him down in the hearing so i dont have to keep going through this bull****, i left my old job behind me its them that keeps pulling me back.

 

[cbg]

And you don't seem to understand that Hot Topic has already answered your question. Read the second paragraph, not just the first.

 

[ecmst12]

Burden of proof is on your employer - if those letters aren't signed by you, he can't prove that you saw them before.

 

[JasonSel]

Nevermind, I just remembered he wrote me a letter of recommendation. So he ****ed himself, and he will get fined =)

 

[cbg]

Who do you think is going to fine him? The UI office won't.

 

[JasonSel]

Its called "something" prejudice

 

[cbg]

"Something" Prejudice? You're gonna have to do better than that.

 

[JasonSel]

Well then help us out here Mr. know it all

 

[cbg]

You're the one who's claiming the employer will be fined if he loses his appeal. That is not the case in my experience. So if you want to prove I'm wrong, you do the research.

 

[mlane58]

No employer and I mean NO EMPLOYER ever gets fined by any state unemployment office---they either prevail in their appeal or they lose--very simple. As ecmst12 stated, the burden of proof is always on the employer.

 

[JasonSel]

So you are saying that no employer can get in trouble for filing false claims, lying after he has been judged against and wasting state money because he has an ego problem? They just get away with it?

On another note, I got hurt on the job the day before they fired me, I had to go to the company doctor and physical therapy, I was put back on full duty(even though im not there anymore) and recent my back went out in the same spot. Am I entitled to go back to the work doc for physical therapy and medicine on my old job's bill?

 

[cbg]

So you are saying that no employer can get in trouble for filing false claims, lying after he has been judged against and wasting state money because he has an ego problem? They just get away with it?

Yes, that is what we are saying. The employer has an absolute right to contest/appeal benefits, just as you have an absolute right to file a claim and appeal if the decision goes against you.

 

[JasonSel]

ok i totallyy understand what you are saying now. Now I just received my letter for the hearing, I sent the office a copy of my letter of recommendation that my boss gave me about a month after they fired me, is there anyway the UC office will cancel the hearing or do I really have to take a day off of work from my new job to play this game?