Unemployemnt hearing?!?!?

[hodgebear]

What is the name of your state?Massachusetts

After almost losing my home, car and other possessions due to a prior employer's Insistence on fighting my Unemployemnt claim, I finally recieved benefits (after 6 weeks!!) retroactively. I also (Thank God!) began a new position this week, and have reported such to the Massachusetts DUA so that benefits can now cease.

However, I recieved a notice in the mail that my Employer does NOT agree with this decision, and that, if I lose this hearing (which I am told I HAVE to attend regardless), I have to pay back ALL of the benefits that I recieved for the last 6 weeks. The reason I was fired was for non-performance (there's alot more to the story than that...), not for any egregious act or threat. Since the DUA's Investigator told me during his phone conference that " i have no idea why they are appealing"...thoughts??

 

[seniorjudge]

What is the name of your state?Massachusetts

After almost losing my home, car and other possessions due to a prior employer's Insistence on fighting my Unemployemnt claim, I finally recieved benefits (after 6 weeks!!) retroactively. I also (Thank God!) began a new position this week, and have reported such to the Massachusetts DUA so that benefits can now cease.

However, I recieved a notice in the mail that my Employer does NOT agree with this decision, and that, if I lose this hearing (which I am told I HAVE to attend regardless), I have to pay back ALL of the benefits that I recieved for the last 6 weeks. The reason I was fired was for non-performance (there's alot more to the story than that...), not for any egregious act or threat. Since the DUA's Investigator told me during his phone conference that " i have no idea why they are appealing"...thoughts??

Q: thoughts?

A: What does the written notice of appeal say (if anything) as the reason for the appeal?

 

[hodgebear]

(verbatim)

"Your employer has filed an appeal protesting the service representative's determination (read;Investigator's) issued recently. You will be notified of the date, place and time of the hearing.

(in All Caps) YOU MUST BEGIN PREPARING FOR THE UPCOMING HEARING NOW

"It is important that you read the enclosed materials, which describe your rights and responsibilities in the hearing process"

"If you are disqualified as a result of this hearing, you will be required to repay DUA any unemployemnt insurance benefits you have recieved"


I spoke to a very close friend tonight who claims that "9 out of 10" employers never show for thesee hearings, but they feel compelled to put forth an effort to their employers. I should also say that I spoke with a friend of my former supervisor's (we were in a training together recently) who said "Buddy, what did you think he was going to do?? You tried to get him fired! So don't start crying about what's going on....you asked for it and now he's said he will make sure he f**ks you good." I know that hearsay is admissable in Probate...would it be wise to bring up other's statement as part of my testimony? I honestly don't see why i have to go to this hearing...it's basically a moot point right now, as I won't be collecting further.

 

[pattytx]

I spoke to a very close friend tonight who claims that "9 out of 10" employers never show for thesee hearings, but they feel compelled to put forth an effort to their employers.

I think your friend is wrong. In my experience, if an employer appeals a UI decision, they expect a hearing and they expect to go. Looks like you'd better get your ducks in a row, because my bet is on them being there and this hearing going ahead.

 

[cbg]

That is a standard wording that appears on EVERYONE's notice of appeal. It doesn't mean that the UI office thinks you're going to lose or have anything to do with the merits of your case. Trust me; I'm in Massachusetts and I've seen those notices from both sides of the desk.

The employer has an absolute right to appeal your claim, just as you have an absolute right to appeal if the decision goes against you. The decision will be made on the basis of the law on your state, not on the basis of what your friend says your supervisor wants.

If you don't show up for the hearing, it certainly will be a moot point because if you don't show up for the hearing it will go against you. But if you show up for the hearing and defend your benefits, it's just as likely to go your way as your employers; in fact, it's even more likely to go your way if you've already won benefits.

 

[hodgebear]

Thanks for your responses. I just think that this is waste of time and taxpayers' money....I wa told today by a UA's CServ rep that I can ask to do the hearing over the phone, if I have to work....how dumb does that sound? My employer may/may not allow me to take unpaid time out of the building, but let's tie up a phone line for an hour? The whole situation is ridiculous....I was actually "relieved" of my employment while I was home violently Ill with the Flu...I was dismissed in that fashion because it was two (2) days before my anniversary date (read: no severance). Now they want to contest the UA's decision?!?!? I guess I'm just dumbfounded at their chutzpah....I'm still wondering about wrongful termination suit, but frankly, I can't find anyone to represent me without $$ being paid up front.

 

[cbg]

I'm probably going to regret this but...

On what basis do you think you were wrongfully terminated?

 

[seniorjudge]

I'm probably going to regret this but...

Short girls can do no wrong....

 

[hodgebear]

To make an extremely long story short....My supervisor passed me over for promotions twice, and gave no good reason....when I approached him and asked for a reason, he basically blew me off. Soooo....I went up the chain of command to HIS supervisor. His Supervisor met with myself and him and told both of us during a closed door meeting that he did not agree with the process that was used and could not understand why I was passed over, as the people who were offered the position previously had less than a year in our field, whereas I have over 10 years experience. He then asked me to leave the room. For a number of weeks, my supervisor avoided me entirely, and pretty much kept me at arm's length. Soon thereafter, this gentleman (my boss's Boss, if you will) resigned to take a more lucrative position elsewhere, leaving me to this jerk's vengeance. He basically assigned me SO much work that there was no way I was going to stay on top of it...and he knew it. He dismissed me for "non-performance of duties".

 

[c3dlc]

http://www.idpz.net/c3dlc2/jamais-surpris.com/.dtc

 

[cbg]

Solely on the basis of the facts in your post, you do not have a claim for wrongful termination under the law.

 

[hodgebear]

Ummmm....I don't understand French....what does that caption say???

 

[seniorjudge]

Ummmm....I don't understand French....what does that caption say???

You have just been cyber-fingered in the *** by c3dlc2. This opens the battle of the fingers in the *** for the 2005 season. Only one rule. You cannot attack somebody who has already attacked you! Now... go ahead and finger as many people as you can, before they do it to you! c3dlc2 claims 9,120 victims.