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Employer Appealing Unemployment

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crzydaisy

Junior Member
What is the name of your state? Indiana

I worked for a small law office in Indiana for about four months. When interviewed I informed them that I had no experience in the law field and that I had little office experience. I had been a Nail Technician for 5 years and had just recently had gotten back into the professional world. I was hired anyway and started the next week. I was trained for four days by the previous secretary who informed me that she did alot of the work and her 2 bosses did not know how to do alot on their own. At first I did very well with a small work load but after just a couple of weeks my work load got to be too much from one of the attorneys which made it hard to get to any of the work for the other attorney. They both practiced two totally different types of law and it was hard to learn both especially when trained mostly on one. I then would get daily talks on how much I was messing things up and how ANY mistake was a huge mistake and that I was not allowed to make any mistakes. I received a 3 month review and of course was told again everything I was doing wrong and I tried my best to do everything correctly. I was told in my review I would have until December 19 to prove myself or I was to be let go. Well in October all of my resposibilities were taken away from me by the attorney who overloaded me and for three weeks I sat with absolutley nothing to do. SO, after three weeks of being unable to prove myself I was then let go. I was in a room by myself with one of my bosses when I was let go and so now it is his word against mine on the reasons I was let go. He told me he needed someone with more experience and that my personality was not one for someone who works in a law office. He also mentioned my pregnancy in being a small factor. I filed for unemployment 2 weeks later because my husband left me and I have 2 children and one on the way. I have no job because I am of course having a hard time finding something being 5 months pregnant. I have no other source of income right now. My boss told another employee there that he was going to pull out the big guns now. I guess meaning applealing my unemployment. I am scared to death I am going to lose because it is my word against his and because he is an attorney and knows how to work the system. I feel I did everything I could to do that job to the best of my ability, but being told everyday that you are doing a horrible job does not help. Do I have a chance to even win this appeal?
 


cbg

I'm a Northern Girl
Yes, you do.

In most if not all states, poor performance is NOT a disqualifier for unemployment. In order to win the appeal, your employer will have to prove to the satisfaction of the adjudicator either that you were discharged for misconduct or that you DELIBERATELY performed poorly. The burden of proof is entirely on him.

Until you are notified that he is appealing, however, relax. You don't even know for certain yet that he is going to appeal. "Pulling out the big guns" could just as easily relate to who he plans to hire to replace you as it does trying to have your unemployment benefits stopped.
 

crzydaisy

Junior Member
Appealed

Actually he did appeal my unemployment. I haven't got a date yet but they said it could be months before we actually get a date. I am honestly just a little scared to cash my checks because they said if for some reason he does win I have to pay it all back. With out another income that could be hard. I have never even filed unemployment before it almost feels like it's not worth the aggrivation!! :) Thank you for responding. What do I do if I don't have any witnesses? He is trying to say I hung on the phone all of the time which is not true at all and that I left the office for lunch when needed. With that what happened is I asked him for permission to go to lunch he said it was ok. Well when I returned I was told that I had missed a will signing which is part of my job. It was a mistake that never happened again. I do have one girl to say that I did not hang on the phone. I don't know I am just really nervous. But, like you said I didn't do any of it on purpose.
 

cbg

I'm a Northern Girl
As I said, the burden of proof is on him. You are presumed to qualify unless he can show convincing proof that you shouldn't.
 

enigma1771

Junior Member
Don't know about your state but in California you can have someone represent you at the hearing which is good if you get nervous. Also if I were you I would cash the checks but put them in a savings account, then if the appeal goes in the employer's favor you will have the cash to pay it back but collecting a little interest along the way.
Good Luck
 

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