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  1. #1
    Analyst is offline Junior Member
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    Feb 2005
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    Fired Due To Misconduct

    What is the name of your state?
    nj

    My previous employeer claim that my job was terminated due misconduct at the job. The misconduct is not appearing at remote site in time two time in last 18 months of employment.

    The appeal was made by my employeer to stop the unemployment benefits, which was granted based on this issue. The employeer has no system in place to verify that the time login was done from the work site. I was doing the time login which employeer claims was done from other location.

    I am required to pay unemployment benefits back but would like hear your recommendations.

    Thanks,
  2. #2
    cbg
    cbg is offline Senior Member
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    About your only option, and it is not a guarantee, is to appeal the benefits ruling. Nothing in your post indicates that anything illegal has transpired.
  3. #3
    HomeGuru is offline Senior Member
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    Quote Originally Posted by Analyst
    What is the name of your state?
    nj

    My previous employeer claim that my job was terminated due misconduct at the job. The misconduct is not appearing at remote site in time two time in last 18 months of employment.

    The appeal was made by my employeer to stop the unemployment benefits, which was granted based on this issue. The employeer has no system in place to verify that the time login was done from the work site. I was doing the time login which employeer claims was done from other location.

    I am required to pay unemployment benefits back but would like hear your recommendations.

    Thanks,
    **A: cut the crap. Why were you not at the remote site and where were you when you called in?
  4. #4
    Analyst is offline Junior Member
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    Quote Originally Posted by HomeGuru
    **A: cut the crap. Why were you not at the remote site and where were you when you called in?
    I was at the site, however I am not how to prove it.

    The side business are closed at 6:40 AM
    The site does not have card reader which keep track of people coming in. I had to use Key to enter the facility.
    The phone which I used is shared phone.

    Any other suggestion / questions
  5. #5
    Beth3 is offline Senior Member
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    At a UC hearing, the burden of proof is on the employer to show that the employee engaged in willful misconduct. Therefore your employer must necessarily have some sort of proof that you weren't there on those days.

    "We don't think he showed up" just isn't going to cut it.
    A person, who is nice to you, but rude to a waiter, is not a nice person. (This is very important. Pay attention. It never fails.)
  6. #6
    Analyst is offline Junior Member
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    Quote Originally Posted by Beth3
    At a UC hearing, the burden of proof is on the employer to show that the employee engaged in willful misconduct. Therefore your employer must necessarily have some sort of proof that you weren't there on those days.

    "We don't think he showed up" just isn't going to cut it.
    Thanks for your reply. Do you suggest I should go thru attorney or make self presentation.

    How can I request copies of evidence?

    Thanks,
  7. #7
    Beth3 is offline Senior Member
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    The UC hearing process is set up so that attorneys are not necessary but if you want to bring one, you may.

    Contact the UC office to request copies of any evidence the employer may have provided.
    A person, who is nice to you, but rude to a waiter, is not a nice person. (This is very important. Pay attention. It never fails.)

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