commentator
Senior Member
Ed, go on and file the appeal. You do not need to give an argument or present a case when you do this, just say, "I wish to appeal this decision." There will be either a telephone or an in person hearing scheduled for you, at which both you and the employer can present your argument as to whether they had a valid misconduct reason to terminate.
I will never tell anyone not to appeal, or tell anyone that you are NOT going to be approved for benefits. We on here do not know all the specifics of this particular situation. There is no down side to appealing, it does not cost anything, and you have the right to appeal any time you are denied benefits.
What is the exact reason that they gave for the denial of the claim? On your letter telling you that the decision was to deny?
There is very little room for argument in unemployment appeals hearings. They are based on cut and dried unemployment law, no cute and cuddly charm or flaming rhetoric will help if the law is not on your side. The benefits are not needs based, and not subjective. In order to keep you from getting approved, the employer has to show they had a valid misconduct reason that they fired you. That you were aware that you would be terminated if you did this, that you knew you had violated this company policy, (such as attendance) but you chose to do so anyway.
They will want to know what exactly was your excuse when you called on the day you were terminated? Did you call in appropriately? Did you know you would be fired if you called in this time?
Had you already told your boss you could not come in then, because you had a class at that time?
It may not hurt to mention that they had accommodated other people's school schedules before, so you had a reasonable expectation they might accommodate yours. When, exactly were you told that your schedule would NOT be accommodated, and that if you called in because you had a conflicting class, you would be terminated?
There will be no issues about your availability to work or receive benefits while in school in this hearing. This is a separate issue and would be resolved separately. Don't worry about it or bring it up.
They will not care how rotten you feel that you have been treated, how unfair it all is, or how desperately you need the benefits. They will not care that your boss asked if you were a union steward, or told you your feet stink. They will care about and ask about just the things related to this situation, this termination. You may not be approved in the hearing even if your employer does not show up. It depends on the situation.
Hearing officers do appreciate people who are on time, business like, do not bring in food or cell phones, are polite, professional, and brief in their presentations. If anyone is lying, they go with who they perceive to be the most believable. Do not quote unemployment law to them, just tell your story very briefly and be business like. Listen carefully to what they tell you, follow their instructions carefully, and answer their questions carefully when they ask you something.
I will never tell anyone not to appeal, or tell anyone that you are NOT going to be approved for benefits. We on here do not know all the specifics of this particular situation. There is no down side to appealing, it does not cost anything, and you have the right to appeal any time you are denied benefits.
What is the exact reason that they gave for the denial of the claim? On your letter telling you that the decision was to deny?
There is very little room for argument in unemployment appeals hearings. They are based on cut and dried unemployment law, no cute and cuddly charm or flaming rhetoric will help if the law is not on your side. The benefits are not needs based, and not subjective. In order to keep you from getting approved, the employer has to show they had a valid misconduct reason that they fired you. That you were aware that you would be terminated if you did this, that you knew you had violated this company policy, (such as attendance) but you chose to do so anyway.
They will want to know what exactly was your excuse when you called on the day you were terminated? Did you call in appropriately? Did you know you would be fired if you called in this time?
Had you already told your boss you could not come in then, because you had a class at that time?
It may not hurt to mention that they had accommodated other people's school schedules before, so you had a reasonable expectation they might accommodate yours. When, exactly were you told that your schedule would NOT be accommodated, and that if you called in because you had a conflicting class, you would be terminated?
There will be no issues about your availability to work or receive benefits while in school in this hearing. This is a separate issue and would be resolved separately. Don't worry about it or bring it up.
They will not care how rotten you feel that you have been treated, how unfair it all is, or how desperately you need the benefits. They will not care that your boss asked if you were a union steward, or told you your feet stink. They will care about and ask about just the things related to this situation, this termination. You may not be approved in the hearing even if your employer does not show up. It depends on the situation.
Hearing officers do appreciate people who are on time, business like, do not bring in food or cell phones, are polite, professional, and brief in their presentations. If anyone is lying, they go with who they perceive to be the most believable. Do not quote unemployment law to them, just tell your story very briefly and be business like. Listen carefully to what they tell you, follow their instructions carefully, and answer their questions carefully when they ask you something.
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