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Granted UC, employer appealed and I lost

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Becca4277

Junior Member
What is the name of your state? PA

I was terminated in December, 04 for "breaking policy rules" (using the phone for personal calls). Not that it matters, but EVERYBODY in the dept used the phone to make personal calls (from supervisors on down). I feel I was fired to make an "example of" since I only worked part time. After I was fired, Managment called everyone in one by one and said 'Becca is no longer with the company", then followed by "Make another personal phone call and you will be in big trouble".

I filed for unemployment immediatly. When the office mailed the form to the employer to ask for their side, they never returned it. I was granted unemployment ($79 a week).

The Employer appealed the UC office's decision. Then the first delay was placed because their "witnesses" were traveling". So finally, the hearing was scheduled for this past Tuesday. On Monday, my 3 yr old daughter came down with a nasty CONTAGIOUS viral infection. Since the unemployment office was closed on Monday, I had to wait to call them on Tuesday, the morning of the hearing.

So on Tuesday morning at 7 a.m., I faxed a letter, explaining my situation, as well as a note from the Pediatrician, verifying my situation. I also included a copy of something I printed off the internet that defined "willful misconduct", highlighting info that would help my case.

The referree decided to go on with the hearing without me, despite my fax. My employer did show up (this company is notorious for NEVER showing up to unemployment appeals, but yet it appeared to be a personal vendetta to go after me). The employer presented paperwork that proved I used the telephone, and that I redirected work calls away from my phone. Obviously, I was not there to defend my self (I was given pemission from supervisors to use the phone at my desk and as far as the re-directing calls, EVERYONE did it when they were busy with another customer and could not take another call immediatly). I maybe did it a little more than other employees, but it was because I was one of 2 or 3 employees with email capabilities, so I had double the work load.

I am going to appeal the decision. I would like to subpoena my former co-workers but I doubt they would show up since it would jepordize their jobs with the company. So instead I am going to ask the judge to subpoena the phone records to prove I was not the only one breaking rules, but I was the only was terminated for it. I do believe I was made the "scapegoat" and that it was personal, but I have no way of proving that. Do I have a case here? I know it seems like a lot of work and stress for only $79 a week but I will be hard pressed to find a comperable job seeing that I am a SAHM with my 2 and 3 year old while my spouse works full time (I would have to find a job that would accomodate a schedule of 6-11 p.m. 3 nights a week within a short driving distance (I live out in the middle of nowhere).

Please help me!! Thanks in advance.
 


cbg

I'm a Northern Girl
Unless you have a VALID reason to believe that you were singled out BECAUSE OF your race, religion, national origin etc., what other employees did have nothing to do with you. By your own admission you violated the policy more than the other employees.

You are free to appeal but it's touch and go whether you will prevail or not.

BTW, if you fail to show up for the appeal hearing, regardless of the reason and regardless of what you faxed over, it's a foregone conclusion that the employer will win.
 

Becca4277

Junior Member
Do you think that I should even bother to appeal? An appeal would take a lot of time, effort and stress. I am willing to do it in principle, but not if I am just going to humiliate myself (meaning I have no chance in winning).

Thanks!
 

cbg

I'm a Northern Girl
I'm not saying you have NO chance of winning. I'm saying neither side has a slam dunk.

What have you got to lose?
 

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