trying to deny unemployment for a bogus reason

[gracenote]

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

My brother was fired over the phone from a job he had held for two years. He was one of the best employees there and had been promoted to a supervisory position. The reason for his termination given was that his position was being dissolved (they basically had two supervisory positions that they combined) so he was no longer needed.

He received a notice today stating that his unemployment was under appeal. On the paper he received, the reason given for the appeal was that he was fired for failing to comply with grooming standards! While he was told once that he needed to shave, he did so immediately. He was never issued a warning or written up for it. His employee record should be spotless.

They basically made up something so they could try to get out of paying his unemployment. Is there any chance that they could actually win their appeal? What should my brother do in this situation?

 

[Betty]

Our opinion doesn't count. It's the person making the appeal decision whose opinion counts. However, I would say he has a pretty good chance of winning the appeal but again I don't know & it doesn't matter what I think.

Your brother just needs to be truthful during the appeal when answering questions & tell his side of the story.

Good luck to him.

 

[commentator]

Your brother needs to keep certifying for weeks of unemployment benefits as they pass. If he is approved, he will be backpaid for each week since he filed. We assume that he told the claim taker when he filed the reason he was told that he had been let go, that the two positions were combined.

Then the employer was contacted. If they then came up with a lot of other reasons why they had terminated him for cause, then the unemployment ajudicator would re-contact him and ask about these allegations. If they wanted to terminate for cause and keep someone from drawing unemployment, they'd need to show that they had a good definite, clearly stated misconduct reason to terminate him, which means that he was terminated after progressive discipline, that he was warned his job might be in jeopardy, that he was given warnings and chances to change his behavior, and that he chose not to do so, OR that he committed gross misconduct, something so blatant that he should have known it was wrong, even one time, such as punching out his supervisor or exposing himself.

If he didn't have those warnings, wasn't aware his job was in danger, he very likely would stand to be approved for benefits on the initial decision. Then either party has so many days to appeal, and if they appeal, then there would be a hearing, where he would tell the same story. And then he'd be approved again, probably, depending on what they have and can present.

In unemployment situations, there's no additional weight given to the testimony of the employer. In other words, your brother will tell how it happened, and the employer can say just about anything, but the office will decide which testimony is the most believable. If they had, say, a whole series of warnings signed by your brother about his grooming issues, that might be a better proof, but it will all depend on what they've got.

By the way, people being human, even people who work at the unemployment office, it wouldn't hurt him a bit to show up for any and all personal appearances very clean cut, neatly dressed and clean shaven!

 

[Hot Topic]

And if your brother is so concerned, he should post himself.

 

[Betty]

& the bottom line is the "state" makes the final decision whether your brother gets UI benefits or not. We cannot give you a *definite* answer.

 

[swalsh411]

If the employer cannot document that your brother was ever warned about the alleged grooming problem then it's highly unlikely he will be denied unemployment for that reason.