• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Winning an unemployment benefits appeal after being fired

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

jakdsgn

Junior Member
What is the name of your state (only U.S. law)? Minnesota

What advice do your have to win an appeal after being fired for:
1. Something I do not do -turning the temp down below 300 degrees (which I can not prove) on a cheese wrapping machine.
2. Not being able to complete a task I was asked to do because I was told to punch out by 9pm. I did complete more than three fourths of this project, and thought it would be better to punch out on time rather than stay late because my former boss told me in the past not to punch out later than 9pm.

I did get two warning notices for not following procedure (labeling issues),
and not doing something "that needed to be done".
 


Andy0192

Member
You would need to prove that your termination was not due to wilfull misconduct.

The fact you were written up 2 times before for not following procedure would be in favor of your employer, if they claim you were terminated for not following company procedures.
 

commentator

Senior Member
Have you filed for benefits yet? If so, they will make a monetary determination, in other words, you have to have enough wages in the base period to set up a claim. Then, having that, they will begin looking at your reason for separation. If you were fired for performance issues, they will look at whether you could have, had the capability to do the job. If you say you were doing the job to the best of your abilities, and it was beyond your capabilities not to make a mistake, that looks better for your approval.

If you were goofing off, not paying attention, and had been warned for this sort of misconduct, or if you did the job okay most of the time, and because you were in a bad mood, were sleeping, were not paying attention and screwed up the process, then that could possibly be called misconduct.

In any case, you'll need to file the claim. YOu'll give your statement of what happened, and then your employer will give their statement of what happened, and an initial decision will be made. At this point, which ever of you, either you or your employer will be given the chance to appeal the decision, at which point there will be a phone or in person hearing to discuss the circumstances.

So really, we can't say. You'll have to file the claim and see how it plays out.
 

swalsh411

Senior Member
Being written up, even several times for the same thing, is not necessarily indicative of misconduct. If you tried your best but were not able to meet performance expectations then you should still qualify for benefits.

File for benefits and make your former employer prove your alleged behavior rose to the level of misconduct.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top