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unemployment comp

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T

tinadane

Guest
What is the name of your state? Missippissi.

My husband has filed for unemployment benefits and was approved. His employer appealed and won. We have exhausted our appeals with Dept. of Labor and now need to file a petition for Judicial Review in Chancery Court. Do I need a laywer to file this or can I? I have tired to find info on the web and keep coming up empty handed.

Thank You,
Tina
 


S

Sinsaint26

Guest
Appeals at this point should be handled by a qualified attorney. At this point no new evidence can be submitted (barring a good legal reason why it was not submitted up to this point) so the only way a judgement can be overturned is by using specific case law showing that either the board misinterpreted the information given or that their ruling goes against case law. Only an experience attorney or at least someone with vast knowledge of case law in this area would be able to get a court to overturn the ruling. With only a limited amount of time I doubt you would be able to familiarize yourself enough with your states UC case laws and write up an appeal. You should try to find an attorney ASAP. How much time do you have left to submit your appeal?
 
T

tinadane

Guest
I have two weeks left. We only used 1650.00 of UC. At this point paying maybe cheeper than hiring a lawyer, even thought I strongly feel the employer did not prove misconduct. I requested a new hearing to provide evidence showing the employer gave me payroll checks that were nsf the last three weeks of his employment and did not pay in full for almost three months leaving us no choice but to file UC. I also wanted to subpoena their witness. He told us he had no idea the owners were going to use him and what they said in court pertaining to him was not true. I found a article that states, in order to be considered work related misconduct there should be written policies forbidding certain conduct and that the employee had knowledge of policy and consequences of violation. This is not true for this case. I feel it was their word againist mine and they won with not a ounce of concrete evidence. The employer did on a couple occassions sit down and talk about how the shop could produce more and what would help me to be more productive. The employer also new there were several things he could improve in order for the business to grow and make more money. He never kept up his end of the bargain and blamed me for not being more productive. I did my best at that shop considering on most days until around 10:00 am or so I was the only one there. I admit it was aggergating that most of the weight was on my shoulders and the boss never seemed to be satisfied. Would you beleive we had been friends for about 20 years, I guess the owner felt he could take advantage of my vast knowlegde as a mechanic with out realizing he inhibited my abilities by being such an unorganized and unprofessional boss. On several occassions he admited the business would be better if he was better organized.
I realize the owner was probably upset about my filing UC but he left me no choice when the payroll checks started bouncing. I have a family and house to take care of. I only used it 5 weeks until I found a job, and at that point he still owed me money for the checks. I have stressed alot over this and feel I was intitled to receive UC. But I also know laywers could be very costly. I am sorry to ramble but I feel every reason the employer used to discredit me was untrue and was not proved. He changed his reasons for termination several times. After we were approved he appealed with a different story and even more changes during the hearing. My story was always the same. He claimed to have witnesses that would testify to my misconduct but had not one shred of evidence to back up his claims.

Thanks for bearing with me,
Tina (wife of employee)
 
S

Sinsaint26

Guest
Wait a minute. Your pay checks bounced, you filed for UC benefits and then you were terminated for misconduct? Can you explain exactly what happend and what you were accused of in the order that it happend?
 

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