Fired without Just Cause

[pumkinhd1]

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

I was fired without Just Cause and was found eligible for Unemployment Compensation. My employer appealed the decision. I went to the hearing and was again found eligible for Unemployment Compensation because my employer failed to show proof of evidence. My employer has again filed an appeal. This can only be done if they say they have new and substantial evidence to support their case. Since everything I have been accused of is a lie and there is no evidence, what can I expect in the way of a "surprise" that would turn the decision against me? The reason given for firing me was that I was unfriendly to customers and I walked in the kitchen of the restaurant with tennis shoes on. There is no employee handbook; I was never told not to walk in the kitchen, in fact, it is part of our job and no employee wears "restaurant grade shoes" except the cooks. I had worked at this job for 5 years under a different manager with no problem whatsoever. The manager that fired me was new and had worked with me for 1 day. Also, I was never made aware of any dislike of my performance until I was brought into a conference room and fired.

Should I feel certain that I will win this appeal also?What is the name of your state (only U.S. law)?

 

[Proserpina]

Well, two things.

First, nobody can really predict what will happen as far as the appeal goes. They obviously feel they have proof that you were fired for misconduct so, let 'em bring it. Were you unfriendly to the customers?

Second, they don't need just cause to fire you. You can be fired for wearing a blue shirt, you can be fired because it's Friday today, and you can be fired because last night the Boss had a fight with his wife and woke up cranky this morning.

 

[pumkinhd1]

No, I was not rude to the customers. As I stated, everything my employer is saying is a lie.
I am wondering, also, can I file a case of slander or perjury against them after this is over and I win?
I am going into this second appeal with 3 witnesses. My former boss at this same establishment and 2 co-workers. All of whom worked with me for the 5 previous years.

 

[cbg]

No. You do not have claim for slander or defamation. If they believe that you are guilty of misconduct, they are at liberty to say so, even if you disagree and even if the UI commission grants you benefits.

 

[pumkinhd1]

cbg:

Thank you . I am just so pissed at having to be inconvenienced from no fault of my own.

I am dealing with a narcissistic personality type and I feel she will continue to appeal as long as she possibly can.

 

[commentator]

I am really interested. I am not very familiar with Delaware unemployment law, but do you really mean that you are going to have a second in person hearing with both you and the employer represented? Or is this just that the employer has requested a review after the hearing decision?

The only thing I could possibly imagine in this case is that the employer has come up with video tape of you actually performing some....very rude act to a customer.....well, even so, if it was not brought up in the first hearing....I just can't see how this person could get another hearing. Oh well, I'm confused as can be. What exactly does your letter informing you of this appeal say?

Stick to your story, it has worked so far. Keep certifying, stay on target, I am really interested in how this comes out.

Nope, no slander or defamation. They can do whatever they want to try to keep you from receiving benefits. But if the unemployment office is doing the job right, they soon spot someone who's manufacturing evidence, being a 'nutso." Remember, the employer is no more important or believable in this situation than the claimant just because they are an employer.

 

[pumkinhd1]

Commentator: I filed for unemployment and was found eligible. A month later I received notice that my former employer had requested a hearing to appeal the decision. Went to that and was again found eligible. (The Appeal's Referee made his decision and had it in the mail that same day!) That was December 8, 2009. This week I received another Notice of Hearing Before the Unemployment Insurance Appeal Board. This is the next appeal level up.

No, there could not be any video of me doing anything wrong because they are too cheap - they do not have camera's and I never did anything wrong!

I was told by the Appeals Secretary that they can appeal this decision also, if they don't win! It will then go to Superior Court! Ha Ha

I have figured out now why this person continues to appeal. She made this whole thing up because she came into the job as Head Chef and decided she wanted to clean house of people she didn't want there any longer only now it has backfired on her and she is now costing the company money by me collecting unemployment!

She is the type of person who does not take well to being proven wrong and she will do whatever she can to prove herself right. Unfortunate for her tho, on this one because she isn't going to win!!

 

[pumkinhd1]

P.S. There really is no "letter" telling me about the appeal. It is just a notice from the Unemployment Insurance Appeal Board stating: You are notified to appear for a hearing on: and then the date, time and location.

In the handbook, it says that a you can file for a second appeal if there is new evidence. I can't wait to see what she comes up with this time because there is absolutely nothing at all that I did wrong or that would constitute firing.

 

[commentator]

Thanks for the info. I checked the DE lawsite, learned some bits about their review process I hadn't known.

Yes, I think your chances here are quite good. That's all I can give you, nothing is 100%! But hold to your original story as you've been presenting it. It is very rare that you have been prevailing all this time and then new evidence come into play. Usually what the other party will come up with is some other "proof" of unrelated misconduct, which at this point is not going to be admissible. ("I've checked the books and discovered that this person was embezzling from the company flower and gift fund!")

I was kidding about the videotape of you doing what you were accused of. They're always finding stuff like this on t.v. shows about legal procedings, but it doesn't happen very often in real life.

Good luck to you.It's good to get away from psycho employers anyway, regardless of how it happens.

 

[pumkinhd1]

I will post the results of the hearing so you won't be left hanging! It's scheduled for Feb. 10th.

You are right about getting away from "psycho" employers. I couldn't see myself lasting long with those people. Sooner or later I WOULD have had a real attitude with them and probably would have quit, so now, at least, I can collect unemployment on their behalf!

Oh, and I hope to God that I win this once and for all because I don't know how I would pay it back!

 

[pumkinhd1]

Would I be pushing my luck to mention "emotional stress" as an after thought?

 

[pattytx]

Would I be pushing my luck to mention "emotional stress" as an after thought?

Yes. It's irrelevant to the claim.

 

[commentator]

Nobody can give you emotional stress without your consent. When you go through your presentation at the hearing, do not bring up anything at all related to the general unfairness or untruthfulness of your employer and how stressed you were at having to suffer the indignity of being contested for your unemployment. This is totally irrelevant, and will weaken your case.

The system is set up so that each of you is assumed to be possibly lying, the hearing is to determine which of you is MOST believable. So far, as I've said, you're saying the right things. Now don't blow it by bringing in your personal struggles and trials. Do not mention how bad you need the money, or that you don't think you could pay it back. The system does NOT care about this. Just the fact's, ma'am, as Jack Friday used to say.

 

[Zigner]

Just the fact's, ma'am, as Jack Friday used to say.

Joe**************

 

[commentator]

By George, you're right, it WAS Joe! I guess after a certain age, the memory goes, huh Zeigfield?