Unemployment phone hearing

[Jwelch911]

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


I worked as the headcook of a restaurant on Long lake for about a year, cooks had been hired and quit in the period that I was working there. The place didn't have a good record of people sticking around, so I thought I'd give it a shot. It was the one job I actually enjoyed cooking at until the summer came, and the stress with it. There were a few occasions where a food item would come back, I'm talking like once a month, which is actually really good if you know the restaurant business. We held banquets, easter/mother's day buffets, fishing competitions, etc. It was stressful, we did tons of business, but that's not really the point, I just wanted to introduce the situation a little.

There was no handbook, no how-to-manual giving protocols for proper food cooking procedures, no disciplinary action or write-ups. One day she just up and fires not only me, but my girlfriend who was a waitress there, both for insubordination. I was coming into work like any other day and it was her day off. This happened right away the summer business died down, and into the horrible winter hours.

So come unemployment, it all goes through and I collect for a couple months, until I recieve all the papers for an unemployment hearing over telephone. Saying how I ruined the food on purpose to hurt her business, how I constantly argued with her. She had one of her friends that worked there write a very unsavory statement against me, so I felt obligated to get a statement from a cook I worked with throughout the happenings. I'm new to this whole unemployment thing as I usually pride myself in having a job, but I apparently didn't know to send both a copy of that statement to the hearing office AND my employer.

So my questions are. Is that something that'll be tossed out without question? And if unemployment had decided that the discharge was not of intentional misconduct to begin with, is it likely that the judge will reverse the ruling? I know it's all pretty much specific to each case, so there's no right answer. I'm representing myself in this and I'd love the feedback or advice in knowing what to expect.

Thanks in advance!

 

[Beth3]

Statements from people not present at the hearing will NOT be accepted by the UC adjudicator. They're hearsay and won't be considered at all. So it doesn't matter how many unsavory statements the restaurant owner tries to submit to the State. Same goes for you.

At the hearing, the onus is on the restaurant owner to demonstrate that you purposefully ruined food, that you were insubordinate to her, etc. Doesn't sound like she can do that.

Is that something that'll be tossed out without question? Yes.

And if unemployment had decided that the discharge was not of intentional misconduct to begin with, is it likely that the judge will reverse the ruling? Impossible to say. The reasons for your discharge will be considered entirely without reference to the prior decision granting benefits.

All you really need to do is show up at the hearing (or in this case, be ready by the phone) and tell your side of the story. This will undoubtedly be a "he said/she said" situation with no witnesses or evidence and the UC adjudicator will make his or her ruling on who he feels is the most credible. Good luck.

 

[Jwelch911]

I'm just going to be honest, tell my story the best that I can, and hope for the best. My girlfriends also going through this same dilemma, same boss, just under different circumstances. I've never done something like this before so I can't say I haven't been nervous thinking about what to expect. First and foremost, respect and professionalism in front of the judge, and whatever decision he makes is the decision he makes.

Is there any No-no's in an unemployment hearing? Something that people have experienced? I've read tons of things about playing lawyer and objecting when there's something to object, etc, etc, but I'm not a lawyer I've only studied up on the rules for a few weeks and I wouldn't want to say something that'll make me look bad or that'll hit me in the ass later. =)

Am I gonna need everything from the dates I worked there, to the amount of money I made, specific dates to account for when I explain things? It's hard to know what to write down without it being too much and without knowing any of the questions.

Much appreciated answers, thanks for your time!

 

[swalsh411]

Do not try to be a lawyer. They hate that and this is not an episode of Matlock. Do not interrupt either the examiner or the other party. Answer the question completely but don't go into unnecessary detail. Do not repeat yourself.

Write down the main points you want to present and then check them off the list as they are covered. If any are not covered by the end you will have the opportunity to present them. Don't say anything about how you need benefits because need is irrelevant.

You should have your dates of employment as best you recall ready in case you are asked. You should have a general idea of how much money you made but your wage records will be pulled for you.

She will need to prove you purposefully ruined the food in order to show misconduct.

 

[Beth3]

Agree with swalsh. You do not need to play lawyer and you shouldn't try. The hearing examiner (a lawyer who is employed by the State) will make sure all procedures are followed in the proper order and that you have every opportunity to state your side of things.

FYI, while you will have a chance to ask your former boss any relevant questions, that's almost always a waste of time. Just state your side of things when it's your turn and answer any questions the adjudicator asks you.

 

[Jwelch911]

Aw but Matlocks' my hero. =)

 

[commentator]

Remember this phrase. "I always did the job to the best of my ability." That's what you maintain. In the absence of proof of wrongdoing, you should be the more believable party. And as we said, statements by third parties who are not there saying you did something wrong/did a good job are not sworn testimony. Good luck!