What is the name of your state (only U.S. law)? I live in Georgia and was working for a HVAC company. I got let go the end of June. I was told it was because of lack of work and was given a reference letter to provide to other employers. The company DID NOT give me a seperation notice however. I filed for unemployment and got apporved and have been receiving the benefits. It is now August and I received a packet in the mail from the department of labor about the company I was working for appealing the claim. I am suppose to have an appeal hearing on the phone. I have no idea what I need to do or who I should seek help from. How can an employer approve me for benefits and then appeal them? They stated in the appeal I was let go for failure to perform. In the packet the laws stated said that one cannot receive benefits if let go for failure to perform unless it was out of my own control. They hired me knowing I am a student and I was hired as a "helper."
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Unemployment Appeals Question
- Thread starter bakdbean
- Start date
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commentator
Senior Member
Keep certifying each week. If you are approved in this hearing, you'll be back paid for all the weeks you have missed during the appeal. Do not answer the questions on the certifications any differently.
When you have the hearing, the employer will be given the opportunity to present their case that you were terminated due to performance issues. They probably will not have a very good case, since they would have to prove that they had a good work related misconduct reason to terminate you.
Poor performance would mean that you voluntarily and with full knowledge that it was unacceptable ( which means you had received warnings, progressive discipline, write ups) had decided not to do your job to the best of your abilities.
No matter what they say, the employer's word has no more validity than yours. The decision will be made by the adjudicator. Both parties will be sworn in, and the hearing will be taped.
When it is your turn to speak, be polite, professional and businesslike. State that when the employer terminated you, he told you....whatever he said, lack of work, or whatever you said in your original filing. State that he had never discussed your performance or told you your performance was unacceptable. State that you always did the job to the best of your abilities.
State that you were given a letter of reference that says that your work was good to give to future employers. You may want to read the letter into evidence or fax it to the adjudicator before the hearing. The fax number should be on the notice of hearing material you received. Be sure and put your full identification information on the material and call the appeals tribunal before faxing it in.
Many employers, when they realize that their account will be charged based on someone receiving benefits, find that they after all had some reason to let this person go other than lack of work. They can appeal, but they do not have a very good chance winning and of stopping the claim.
When you have the hearing, the employer will be given the opportunity to present their case that you were terminated due to performance issues. They probably will not have a very good case, since they would have to prove that they had a good work related misconduct reason to terminate you.
Poor performance would mean that you voluntarily and with full knowledge that it was unacceptable ( which means you had received warnings, progressive discipline, write ups) had decided not to do your job to the best of your abilities.
No matter what they say, the employer's word has no more validity than yours. The decision will be made by the adjudicator. Both parties will be sworn in, and the hearing will be taped.
When it is your turn to speak, be polite, professional and businesslike. State that when the employer terminated you, he told you....whatever he said, lack of work, or whatever you said in your original filing. State that he had never discussed your performance or told you your performance was unacceptable. State that you always did the job to the best of your abilities.
State that you were given a letter of reference that says that your work was good to give to future employers. You may want to read the letter into evidence or fax it to the adjudicator before the hearing. The fax number should be on the notice of hearing material you received. Be sure and put your full identification information on the material and call the appeals tribunal before faxing it in.
Many employers, when they realize that their account will be charged based on someone receiving benefits, find that they after all had some reason to let this person go other than lack of work. They can appeal, but they do not have a very good chance winning and of stopping the claim.
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