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should I appeal SC unemployment denial?

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dave a.

Junior Member
after filing 4 weeks ago for unemployment benifits,I got a letter today saying my claim was denied due to "willfull or reckless employee damage to employer property that results in damage of more than $50" I was fired because I broke some glass putting it on a rack at a glass company,this glass was very thin and no way was it"willfully or recklessly" damaged as I had been there 10 years,it was just a pure and simple accident,what are my chances of having this overturned on an appeal,thanks,dave a.
 


Betty

Senior Member
Definitely appeal. You should always appeal. If you don't appeal, you will not get UI for sure.

The state will make the decision whether you receive it or not. Just be truthful, during the appeal, about what happened.
 

commentator

Senior Member
Yes, he may have explained this, but what he received today denying benefits was an initial decision, made by an ajudicator. Now either party has the right to an appeal, with a formal hearing at which both parties are present, heard by an appeals judge. At this hearing, the circumstances are reviewed by an impartial third party, and it is determined whether the accident that happened (the breaking of the glass) can be called willful misconduct, in fact, it must be shown to be "Willful gross misconduct" where the employee had knowledge of how to perform the procedure to move the glass and deliberately did not follow this procedure, resulting in the breakage, or that the employee deliberately destroyed the company's equipment due to meanness (such as hitting it with a heavy object.)

Under almost every circumstance, it is always worthwhile to appeal. It costs nothing, and you have a pretty good chance, in these circumstances, to prevail. If you don't appeal, you have exactly zero chances of winning.

Keep doing the weekly certificaitons for benefits, so that they can back pay you for the weeks you did not receive benefits while this appeal was going on.
 

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