Terminated claimed unemployment and it was granted now employer is appealing

[DBHSMH]

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


I was terminated from my job in October for misuse of the company time clock and for threating my supervisor on Facebook. I never falsified the time clock documentation. The evidence that my former employer has provided shows that on 6 different occtheasions I was logged in to the time tracking system before I used my badge to enter the floor. If I would have been given the opportunity to explain I would have told them that people from 3 floors share the third floor breakroom. When you are coming in the door if you walk in with someone you do not have to use your badge. However, I was not given this opportunity. Anytime I tried to open my mouth I was told that I was guilty and that I could not deny this.

I filed for unemployment and of course my former employer denied it. I was then contacted by a member of the UI office and I explained everything. I was then granted unemployment. I have since received a letter stating that my former employer is appealing the decision. Now they are stating the reason that I was termintated was b/c I threated my boss on Facebook and called him a name (not on the same post). The exact post that I made was "Is there a rule against kicking your supervisors A#%?" If they would have approached me and asked I would have explained that I was not talking about my supervisor, but my husbands. Also I do not see how asking a question is being construded as a threat. In the letter of appeal they have a copy of the Facebook page. How can they get that? Anyway, can they use this against me now as I was initially terminated for the time clock. I was with this company for 5 years and had never been written up and had always received stellar performance reviews. Once the new supervisor came on things went bad quick. Please help as I am so worried about losing the appeal. I have been receiving UI for about 2 months now. I can't imagine having to repay this money.

 

[Banned_Princess]

Ahhh FB again.


Once you post, its out there. Cant take it back, cant explain it , and it is out in the public, for the public's interpertation.

Just keep going with the appeal. Try to explain to UI's satisfaction, and keep claiming everyweek until there is a final determination.

FB gets people every time.

 

[beautifuldiz]

Yeah they can just print the page as evidence. You will have a chance to explain the badge thing at your UI hearing which you have a good reason for it, so they did not have a good reason to fire you. I hope you sent that e-mail after they fired you.

 

[pattytx]

First of all, in every company I've ever worked for that had a "badge in" system, the policy was that you always use you badge to come in and ONLY you come in on it; in other words, no piggy-backing. Exactly for the reason you state.

Secondly, employers don't "deny" unemployment benefits. Employers can appeal the state's determination if they wish, just like you can appeal now.

You refer to your husband as your supervisor? What IS the company/boss supposed to think?

 

[DBHSMH]

We did not have a rule in place for the badge system. I just want to be able to explain that. I hope that the judge will understand.

As far as the Facebook thing, how can they use that against you if it's your personal business? I am so worried right now.

Another thing that I failed to mention before is that neither the HR rep or my supervisor was present at the time of my termination. Also, the HR rep says that the FB thing was brought to my supervisors attention in August. However, I was not trerminated until October. If it was such a threat why would they wait a month and a half before letting me go?

 

[CourtClerk]

As far as the Facebook thing, how can they use that against you if it's your personal business?

It's no longer your personal business when you put it out on the internet for millions among millions of people to have access to. Oh wait, it wasn't YOU that you meant to get fired, it was your husband because his wife couldn't keep her personal thoughts to herself....

If it was such a threat why would they wait a month and a half before letting me go?

Investigation. They are under no obligation to immediately terminate you.

 

[commentator]

In the first place, re read your letter telling you that your claim was approved in the initial decision. If the company wants to, they have the right to appeal, BUT the only thing they can legitimately bring up in this appeal hearing is the issue for which they said they terminated you. Which I suspect the decision was that this behavior (with the badge) did not rise to the level of misconduct, there had been no prior warnings, no clearcut policy in place. Something along these lines.

At this point, they are not appealing the termination, they are appealing the DECISION to deny benefits based on the reason for termination. So they will not be allowed to introduce new reasons they say they terminated. The only thing they could do would be to present additional evidence about your termination for the badge offense. Like a trail of discipline, a clearly written policy you had signed, such as that.

Now this is not going to stop the employer from doing what they've done, if the first reason didn't get you denied, they're coming up with a whole new reason they actually terminated (that they just forgot to mention the last time they were asked to provide their reasons) But don't worry excessively about explaining this particular complaint, because it will not be an issue.

As you said, if this thing on Facebook rose to the level of major misconduct, there should have been something done about it before now. And besides, they really should have told you this was the reason you were being let go. Or maybe mentioned it to the unemployment office in the first appeal. So now they won't be allowed to keep bringing up new things that were not related to the termination in the first place.

Be polite, professional, say pretty much the same things you said in the original inquiry. If asked about the Facebook posting, do not be defensive, be very dismissive, after all, you didn't say, "I am planning to kick the *&^ of my supervisor, John Smith, because I hate him and want him dead!" There's no telling who you were talking about at this point in time. You might not even have had the same supervisor when you were terminated...not an issue.

If you are given the opportunity to ask questions of the employer in this hearing (some states do this) ask them why, if this was the reason for your termination, that you were never told about it, or told this was the reason they were terminating you?

Remember, they have the right to request this hearing, but that doesn't mean they have a good case. You've already been approved on the first decision. And it sounds to me as though you have a fairly good chance of winning this time too.

 

[DBHSMH]

I lost the appeal. Can I appeal the decision?

 

[swalsh411]

The paperwork that came with your decision letter will have instructions on any further appeal rights you may have.