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First Unemployment Hearing Soon

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Doby1972

Guest
What is the name of your state? Ohio

Think I'm seeking advice, especially since I have NO desire to see my former boss and HR person. I cannot request a telephone hearing b/c I am not currently working (I keep trying). I watched the hearing video available, but that only confirmed my belief I don't want an in-person hearing!

Company fired me 3 months ago for performance. I had 30 days to improve but "didn't improve enough". Boss stated I wasn't right for position. I made some big-enough-but-not-Earth-shattering mistakes, as it was a new industry, and I did not catch on to some things like I should. I have copies of my not-good performance reviews, but nothing else positive.

State of Ohio determined my unemployment was allowed, but company has appealed... I checked out the Unemployment Compensation Review Commission's Abstract on their web site and under discharge / suitability ...

I may lose. One attorney, who isn't interested in representing me, said I will have to prove I didn't receive proper instructions and training. How can I w/no evidence? No witnesses except different boss who hired me, but I'm sure he's annoyed he did in the first place. I presume company will have witnesses in regards to the mistakes.

Any thoughts, please? Especially how to suck it up for attendance?! I'm losing sleep over this.

Also, would you guys recommend professional attire or will business casual be alright (khakis & Polo shirt)?

Thank you.
 


Beth3

Senior Member
I think you may have been misadvised by that attorney. You don't have to prove you are "innocent." It's up to your employer to prove that any errors you made amounted to willful/gross misconduct. In other to do so, they will have to demonstrate that you KNEW how to do things correctly and chose not to or were negligent in your work.

Being fired because of not being able to catch on and/or not being the right fit for the job will not result in UC benefits being denied. Unless there is more to the story than you've shared, I seriously doubt you have a thing to worry about. Your employer's challenging your eligibility for benefits (a) demonstrates they don't understand basic UC regs, and (b) will be a waste of everyone's time.

As to attire, wear whatever you feel like. The administrative law judge won't care. Jeans and a t-shirt would be fine. Being in a suit won't make any difference whatsoever in the decision.

As to how to suck it up to attend, sometimes ya just gotta do things outside your comfort zone. I doubt the whole thing will take longer than 30 - 45 minutes. After the hearing, I have no doubt you'll say to yourself, "THAT'S what I was losing sleep over????"

Good luck.
 
J

jerzeegirl

Guest
Sometimes, it's just policy

I can tell you from personal experience that many larger companies appeal employee unemployment claims almost automatically. They do so and then track whether it's more cost effective to have someone in-house in HR handle these vs. outsourcing this responsibility. This is regardless of whether they have grounds or not. The law of averages, I guess. That, and nothing ventured, nothing gained. It doesn't make it any more palatable, I'm sure, but something that can be taken as a personal affront is often just a matter of policy.
 
D

Doby1972

Guest
Thank you both for your responses. I appreciate your writing, as I know it takes precious time away from life.

I lucked out in that I got a temp job for the same time as my hearing, so now I will receive a telephone hearing. This is good as I can now have a witness; I had confided in her the last 30 days and she was aware of how shocked I was when fired.

Nothing more to the story. I received my file copy and am SO GLAD! I have created responses to everything they wrote in the appeal letters. I am curious, though, what the terms willful/gross misconduct and negligent specifically mean. They used a couple of these terms in their appeal letters. I plan to research them on the web.

Thanks again!
 

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