MD Unemployment Appeal

[Redtop]

Maryland

I was fired from a salaried position and have been denied unemployment.

I was employed by a Boat Marina as an Office Manager. This position ran from March 1 through November 1 every year. My salary was spread over 12 months. I was fired at the end of September one month from completing the entire season.

My family sold this business to the curent owners in 2005. After closing out our portion of the business I went to work at another Marina in another state until 2008. The current owners approached me about coming back to work for them to basically clean up a mess they had with a former manager. I quit my job at the other Marina and came back to work for them. I did not get an employment contract.

This location was one of three locations this company owned. I was hired as the office manager and was not monitored daily. I ran the place like I did years before. Due to the nature of the business I worked 7 days a week since I had two younger assistants working under me that I was not comfortable leaving alone. During the crunch time in the summer I was there 8 to 6 every day which was my choice. I felt it was necessary to keep the place running smooth. I took my personal time such as personal appointments and the like at the convienence of the business. Up until the time of my firing I had taken a total of 5 days off the entire summer. My choice I know ... but still the facts.

I had little interaction with the General Manager since most of my duties related to office functions that another gal in the main office was in charge of.

Every year there is a transition from renting boats to storing boats. The renting was over and it was now time to prepare cutomers boats for winter storage. The paperwork involved with storing boats is laborous. It takes at least 4 or 5 different reports to complete each file on each customer. I was instructed by the main office to shift gears from renting to storing and to begin compiling the paperwork necessary for winter storage on Sept 16. We turned these in 25 at a time ... so 25 times all those reports. Alot of this information we compiled ourselves some of it we depended on the service staff to collect for us. On the day of my firing we had 50 ready to turn in to the main office. I had been planning on taking the weekend off to attend a wedding in another state so I was turning these 50 in before I left for the weekend.

I leave work at 2 pm on Friday I had scheduled my assistants to work and this was an off weekend ... and I get a call about 3:00 from the GM in an absolute rage that I had not turned in any work since 9/16! I printed off my daily reports that verified this was not so before I left. I think he got bad information and just went crazy on me without knowing all the facts. So instead of giving me a chance to defend myself he hangs up on me. I really thought he would cool off and we could make up on Monday. Instead I get a text message from one of my assistants that asked me why I was fired! She got this information through a text from the receptionist at the main office. The owner of this company always praise me on what a good job I was doing everytime he came in to our location.

Now the GM has contested my unemployment saying on the grounds I left my shift early without permission! I made my own schedule always and never had got permission before but still my unemployment was denied. I really think the GM just embarrased himself and now feels like he has to justify what he did.

What approach would you take for my appeal?What is the name of your state (only U.S. law)?

 

[pattytx]

You just testify that you were empowered to make your own work schedule and that you were never informed that you were required to work from X-Y o'clock.

Did you ever fill out any time reports?

 

[jsmith416]

Most of the information you have provided is irrelevant to your claim and will not be of interest to the hearing officer.

The only issue is far as I can see is that your former employer is alleging misconduct. It 100% falls on them to prove this. They bear the burden of proof to show:

#1. The work rule existed and was reasonable
#2. You knew about the work rule and then violated it
#3. Breaking the work rule was the proximate cause of your discharge.

If they can prove all three then the burden of proof shifts back to you to show that you had good cause to break the work rule.

Based on the information you have provided, it doesn't look like they could prove #1 or #2 so the issue of misconduct is moot because the alleged rule never existed.

 

[commentator]

So your unemployment was denied initially, and now you have requested the hearing to appeal this decision? Remember to continue with your weekly certifications so you can be back paid if your appeal is granted.

One thing they will always look for is either a progressive discipline trail, or "gross misconduct" which is loosely definable as something so bad it was a firing offense even though you only did it once, and should have known it was misconduct even though there may not have been a specific rule against it.

So when you present your material at the hearing, the first thing I would do is bring up that I had been doing this job for x number of months, and had never had any indication that this was a bad thing to do, or that I was not doing what I should have done. That you had received no warnings, had had no discussions with the employer, no indications whatsoever that you were not to do what you had done.

Agree that some of the material you have included here is not necessary to the case, though I do think a brief description of how your work was submitted is appropriate. Begin with when you began work for this owner...leave off all the personal details about how your family used to own the company, why you were called back to work, how you'd worked nights and weekends, or how you were going to attend a wedding...just the facts, related to the job, ma'am.

And since there is very little proof of misconduct here, it's a pretty good case, IF you were fired. Be careful that you do not let him say the story is that you did not return to work, that you quit because he yelled at you on the phone. If you have copies of the text message from your co worker or can reproduce what it says, it'd be good to have. Also, exactly what he did say when he did tell you you were terminated. I really hope you do have this, and did not just choose not to go back to work because of the hang up incident. Because then what he is saying is that you voluntarily quit.

 

[csi7]

The other thing to remember during the hearing is to listen to the questions the hearing officer is asking, respond with fact. The company representative for the hearing has to lay out the facts and when it is time for your redirect, keep to the facts.

 

[commentator]

No, actually, since the claimant is appealing, and the company representative has already won the initial decision, they (the company)will not have to lay out anything. It will be up to the claimant to lay out the case. The employer will be responding with their argument that the termination was justified after the claimant has spoken.

This basic format for appeals hearings is followed in about every state system I am aware of.The appellant speaks first, presenting their case that the decision should not have gone as it did. This could be either party.

In this case, this will be the claimant (O.P.) Since both parties are sworn in, and the whole situation is taped, of course the appealing party needs to stick to facts. And it's good if they don't ramble, either. A good outline of what they're going to say, and as many specifics as possible are the way to go. True that when the other party is speaking, you should listen carefully, possibly making notes, and not respond by gasping, crying out, moaning, or otherwise expressing your opinion of their testimony non-verbally.

Listen very carefully to the questions asked of you by the hearing officer. Do not go off onto tangents, as these will be the most relevant questions.