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Denied unemployment benefits. Can I win an appeal?

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msarzo

Junior Member
What is the name of your state (only U.S. law)? Maryland
First, as background: I'd worked as the managing editor of a weekly newspaper for nearly two and a half years. Technically, it's just under that time since I was hired as an independent contractor for a month while I was waiting for a company to clear me in a background check. After I cleared the background check, I worked there from June 1, 2006 to November 18, 2008.

A few months after I'd started working there, I interviewed for a position at another newspaper and was offered a temp-to-perm position. I put in a resignation, but continued to work at the weekly newspaper while they were looking for another editor. A couple of days after I put in my resignation, a co-worker sent an e-mail to my boss praising my work and trying to convince her to increase my salary. After that, the boss offered me an increase and tried to convince me to stay. I opted to take the position at the other paper, but also continued to work at the weekly newspaper on my days off from the other paper.

I was terminated from the other newspaper and was given my job at the weekly paper back, with the increase in salary previously offered. Not long after I returned, the bosses began to find fault with my work and advertised my job while I was still in it on three occasions. A number of times, the publisher (the husband of the CEO) suggested that I resign.

One day, they interviewed someone for my position and offered her the job. Then, they called me and terminated me over the phone and gave two weeks notice. At the time of the phone call, the CEO initially told me "we're just not on the same page" "things didn't work out" and cited the economy. A few days after this, the CEO asked me to train my replacement. I actually did so.

On my actual last day, I filed for unemployment. About a week later, I got a notice that my former employer was contesting my benefits, saying I "NEVER" did anything the publisher asked. I had the telephone interview, then found out last night that I was being denied benefits for "gross misconduct" for "willful disregard" of duties.

I still have the e-mail from my co-worker that praised my work. Another co-worker said I was the hardest working person he's ever met. I have e-mails from other people that have praised my work at the newspaper. I'm generally familiar with the process of filing an appeal (it has to be in writing, mailed or faxed and must have my signature on it), but 1) what are my chances of winning the appeal and 2) what strategies should I use to increase my odds?

Any help would be greatly appreciated. Thanks!
 


mlane58

Senior Member
It is impossible to tell you what your odds are of coming out on top of the appeal, but the burden of proof is on the employer to show the misconduct through write-ups, counseling, etc... just go in and be truthful and you do get the opportunity to ask questions of the employer. Just make sure your questions stay relevant to the reason/s you were terminated.
 

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