unemployment compensation

[ronss]

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


i filed for unempolyment online, stated i was discharged. arizona immediately sent me a questionare, asking about the reason for discharge.

what happen- aggravated dui in 94, taken care off of in 95, rights restored,,,drank alcolhol on suspended lisc....

job i have had since 1995..certified nursing assistant

okay, i told the unemployment office that i was dischaged because of the dui i had in 94....this is what the boss told me when i was taken off the clock, that i had a aggravated dui, the company had issues with it.....when i was fired 4 days later, he changed his tune, and stated the dui was not the major factor..but some write ups i had in the past 4 months that were totally incorrect, and i did not meet the professionalism that the company wanted....also, when i was taken off the clock and sent home, i came back to see what he wanted from the court, he was not there, but some nurses told me to leave, that they were to call the cops if i got on the floor....could not understand, i had no arguement with the boss...this is the cold-hearted people that work there.

i think the boss talked to coporate about the situations, and that is why he changed his thoughts...

arizona now is persuing the matter.....willl i get unemployment, or will i have to appeal,,,,will i even have grounds for appeal.??

 

[pattytx]

SJ still has the FA crystal ball, so we would have no way of knowing what the state would decide. If your benefits are denied, I would always recommend appealing.

 

[jsmith416]

You should always provide truthful and complete information. The penalties for not doing so can be severe. I would just put down that they were not happy with your performance.

Nobody has a crystal ball to know for sure what is going to happen, but I would be VERY surprised if you denied unemployment given the facts as you have stated them. Your former employer will have to show you did something which constituted "willful misconduct" (it goes by a few terms). A DWI long before you started working there is not misconduct, nor is not being the worlds greatest employee.

You can be disqualified for bad behavior if it was willful, for example showing up constantly late or fighting/stealing on the job, but just being written up a few times is usually not enough to meet this burden.

If you have a hearing don't bring up anything about being treated poorly or how mean they are or the incident where they threatened to call the cops. None of that will be of any interest to the official at the hearing. Just state that you did the best job you could do. The employer has a long hard road to travel if they are seeking to disqualify you for benefits.

 

[ronss]

thanks...hopefull i will get a job and not have to worry about....

 

[commentator]

Agree with everything said above. Including we don't have a crystal ball, and can't tell your fortune. We do not know what sort of "write ups" the employer has to submit on you or if we have heard all the facts.

But performance issues are notoriously difficult to prove as misconduct to keep someone from receiving benefits. Be sure you state that you did your job to the best of your abilities, have not had any other issues with drugs or alcohol since that remote DUI they tried to bring up, did everything that your supervisor asked you to do in regard to improving your performance.

There will be an initial decision made about your claim. You should hear from this soon. Then, if the claim is denied,you will have the right to appeal the decision with a hearing. If it is approved, the employer will have the same right. Keep certifying for weeks of benefits, even if you have not heard or if you are denied in the first decision.