need feedback/help for unemployment appeal

[twenty1]

What is the name of your state? MN

I was fired from my job, and never got an official reason why I was let go. Per state law, I sent a request in writing, but my employer refused my certified mail. I filed for unemployment, and the state decided that I was not let go due to misconduct, as my employer has suggested. My employer is appealing the decision, which is to be handled via phone hearing. It was supposed to take place today, but didn't happen. The owner of the company made it seem like he had not seen the documentation that I have provided, though I sent it a week ago via certified mail, and know that it was received Friday. Among the documentation that I have provided to both him and the state, is testimonials from tenants who were happy with my job performance, a copy of the questions and answers that an employment agency got when they called my old manager about my job performance (all positive), and an email conversation between my boss and I, where he encourages writing f--- you on the wall, in response to someone writing f--- UPI (the company that I work for). Also in this conversation I tell him that I don't think that is a good idea, and he tells me that I am providing a "wimpy response".

I don't want to write a book on this but, I don't really know what I am gonna need to do to prove my case. I worked for a slumlord. I don't have a legitimate reason why I was fired. The lady that let me go asked me what happened while she was gone, because she didn't get a straight reason from the owner why he wanted her to fire me. After the state ruled in my favor, he has sent them a letter making it seem like there is a paper trail, and that there were conversations and letters given to me about my bad job performance (there wasn't), and appealed.

What do I need to do to make my case more solid? Is there a chance that some of the stuff that I have as backup will be inadmissable? I've gone to legal aid downtown, and the person there told me that the burden is on the employer, and that I have a good chance to maintaining the verdict. I have another employment agency working for me too, but they are a little more leery about providing the reference information in writing. Can/should I subpoena that, or anything else?

Thanks for your help, in advance.

 

[Beth3]

You don't have to prove your case. It's up to the employer to prove that you were terminated for a reason that would disallow the payment of UC benefits under your State's UC statutes. Generally speaking, unless you were fired for willful misconduct or you voluntarily resigned, the State will award benefits.

Yes, I expect all of the testimonials regarding your job performance will be disallowed as evidence as they are hearsay. The only statements the administrative law judge will consider is testimony given in person at the hearing. Don't bother getting a written reference from your present employment agency - it's irrelevant and inadmissable.

Even if the employer alleges you were fired for poor job performance, he has to demonstrate that you purposefully did a bad job. It doesn't sound like you have much to worry about regarding the State overturning their Initial Determination.

 

[twenty1]

Out of curiousity: If my manager has given me two good references with employment agencies, and then in this hearing is going to say the exactly opposite, why wouldn't that be allowed?

I had originally started this hearing (which is being done via phone), and it was re-scheduled due to my employer saying he didn't have enough time to review the evidence I had copies him on. The judge had said that she would allow written signed statements attesting to my good job performance and people skills, from tenants.

 

[Beth3]

If my manager has given me two good references with employment agencies, and then in this hearing is going to say the exactly opposite, why wouldn't that be allowed? If your manager is going to be present at the hearing in order to testify to the references he provided, then it is allowed.

The judge had said that she would allow written signed statements attesting to my good job performance and people skills, from tenants. Ok, but that is unusual. Keep in mind though that the judge hasn't said how much weight she will give those.

Unemployment hearings are pretty low-key affairs as legal precedings go but the basic rules of evidence apply. Written documents from parties not present are not allowed because unless (a) they are hearsay, (b) they could be fake, and (c) a piece of paper can't be cross-examined. Both parties at the hearing (the employer and the employee) have the right to cross-examine any witnesses that testify.