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  1. #1
    binks is offline Junior Member
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    Jan 2011
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    HR company appealing unemployment benifits

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

    My boss said we needed some face time and asked me to fly to meet him. He wanted to know what my plan was for the rest of the year to make my quota. I started to tell him and he interrupted and said "this isn't going to work out".

    He said that he was going to spare my feelings and put out an email that I want to spend more time with my family. Since I had a significant amount of money tied up in commissions that were stilled owed to me from 2009 (I was embarrassed/mortified since I had never been fired before) I went along with it. He put the email out 2 minutes after our meeting before I could even get out of the building to go back to the airport. I never approved the email that was sent out and I never gave a letter of resignation. I also wasn't asked to sign separation papers (which I have done for every other company that I resigned from).

    My last day was suppose to be in Sept but he asked that I stay on until Oct due to a client needing my expertise. I put in an email that I felt awkward since I was terminated and now asked to stay an additional 6 weeks. Since I had no other job lined up and still hadn't received my commissions I agreed. I have be receiving unemployment benefits since November but now I have a hearing this month since they are appealing.

    Are my benefits likely to be revoked from this hearing?
  2. #2
    commentator is offline Senior Member
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    They have the right to appeal, always. It appears you have been approved by initial decision. You are saying you were terminated, that the employer tried to "force a resignation" by giving you no choice, you are gone, terminated, whatever, because "this isn't working out.," a call made by them, not by you.

    You will tell during the appeal hearing, in detail, how he said, "Well, to protect your reputation...." and gave out email to the company, which you did not sign or agree to in writing, that you resigned. This is not the same as you actually resigning. You will be very clear that it was not your intention to resign, that you were not offered any opportunity at that time not to leave, that you agreed to whatever he asked of you or suggested simply because you were afraid you would not receive the commissions that were supposed to be coming to you later if you did not accede to his wishes and suggestions.

    Explain how you were terminated in this manner and on this day. Stress that your leaving the company was his idea, not yours. Then how he did ask you to remain past a certain date. You did agree to this and did work through this later period, but you told him in an email before you began this that since you had been terminated, you did not feel comfortable coming back for this short period. This was a good decision on your part. It will be quite helpful if you still have a copy of this email to enter into evidence. Even if you don't, tell them about it.

    It sounds as though the employer probably did not have a good misconduct reason to terminate you, and the third party will not be able to present one in the appeal hearing. "Its not working out" isn't considered misconduct unless they can demonstrate that you had the opportunity to take certain actions that would have enabled you to keep your job and you deliberately chose not to take these actions. Work into your statement at some point that during your employment there, you always did the job to the best of your ability. Not making your sales quota is not considered misconduct unless they can demonstrate that you did not make the quota because of lack of sincere effort on your part.

    The management company appeals every approved issue unemployment claim for one of their client companies. Don't take it personally that they're appealing yours. They will, in the hearing, try to produce evidence that you voluntarily quit your job. They will probably present as evidence that email that your boss sent out saying you were leaving to spend more time with your family. They may say you worked out a notice by staying the extra few weeks at your employer's request. That's okay. Whatever they say, it does not have more weight that what you say in the appeals process.

    They will present first, since they are appealing. Then you will present your case, saying the type thing I mentioned, that you were not given any choice, that you agreed to whatever he put out in email because you felt you had to, but that your lack of employment is absolutely not through your decision or anything that you wanted. DO NOT try to write all this up and present it in written form. Attend the hearing, either by phone or in person. Behave professionally and formally. You will be speaking, telling your story. You may be questioned, you can question their representative, but this is a formal, structured procedure, in which you will listen, do what the officer tells you to do and answer the appeal officer's questions and present your situation as it happens.

    Are my benefits likely to be revoked? We certainly can't tell. From the sound of this, in my judgment, I'd say, "not likely." But there's always a chance. If you blew this off, didn't show for the hearing, they'd have a much better chance to prevail. But show up, present your evidence clearly and professionally, and I suspect you'll do okay here.
    Last edited by commentator; 01-03-2011 at 12:07 PM.
  3. #3
    binks is offline Junior Member
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    Thank you for your response.

    I did keep the email regarding being terminated as well as a letter he wrote for my husbands insurance company that my coverage was terminating Sept 3, 2010 (in order to show life change and be added to his health insurance).

    He did say he didn't want to drag this out for another 6 months when I was told it wasn't going to work out. They had already hired someone to take my responsibilities and I was foolish enough to fly all over the country to introduce her to my clients and "transition" the business.

    I don't like confrontation and I tend to try and always do the right thing (many of my clients become my friends and I didn't want to leave them high and dry without continuity for their projects--some of their jobs depended on our output).

    I will make copies of the emails/letter and send them to the hearing officer and the HR company (it kind of make me sick to have to provide them to the other side since they should have access to all emails from my supervisor).

    again thank you very much for your insight.

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