What is the name of your state (only U.S. law)? NY
This is a letter I just put together to my Unemployment case worker, it pretty much describes everything:
Dear Nina,
This is in regards to you denying my claim of unemployment benefits on November 11th,2013.
You called my home and we spoke on November 6, 2013. At that point you told me my employer, Brian at M&M sent you a letter stating I resigned. I forwarded you the email he sent me terminating my employment.
At that point you assured me you would contact him and if anything new arose you would be obligated to contact me to dispute any new allegations.
The new allegation was that I did not report my absence on 10/7/2013,10/8/2013, 10/9/2013,10/10/2013. which violates a set of procedures presented to me on 10/15/2012 which states," not reporting three unscheduled absences will result in discharge."
It is my understanding that by not contacting me again you may have violated your own set of procedures.
I do not recall being presented these procedures, I know I did not sign anything.
But I do know that contact WAS made between me and Brian on 10/8 and 10/9 in which I reported my absence for 10/8,10/9 and was told to take off on 10/10. Therefore I DID not violate procedures.
Attached is my home call history:
1. Line 34 shows Brian calling my home on 10/8 from Meadows Medical where a 1 minute conversation occurred.
2. Line 11&12 proves I called Brian's cell phone on 10/9 and he returned my call where we spoke for almost three minutes in regards to my being absence at 3:06pm.
I need you to contact me as soon as possible in regards to these issues. If I do not hear from you within the next few days I will have to file a complaint with the Department of Labor for the above delinquency to have on record for hearing purposes.
So, your prompt attention is greatly appreciated.
[
My questions are:
Am I correct she should have contacted me about the new allegations, especially after my employer was already caught in a big lie to avoid paying benefits?
I was not given a set of procedures, nor is any employee, but I am thinking this lie of his may work on my behalf.
Is the burden of proof now on the employer to prove we did NOT discuss the absences during our conversations? I did not have any prior unscheduled absences only the 1 on 10/7.
If I don't hear from the case worker should I file a complaint so it is on the record for my hearing? Who would I file it with?(Dept of Labor)? I requested a hearing immediately.
My case will still be pending until 12/11 (that is 30 days after the determination) can the case worker reverse her decision before that?
This is a letter I just put together to my Unemployment case worker, it pretty much describes everything:
Dear Nina,
This is in regards to you denying my claim of unemployment benefits on November 11th,2013.
You called my home and we spoke on November 6, 2013. At that point you told me my employer, Brian at M&M sent you a letter stating I resigned. I forwarded you the email he sent me terminating my employment.
At that point you assured me you would contact him and if anything new arose you would be obligated to contact me to dispute any new allegations.
The new allegation was that I did not report my absence on 10/7/2013,10/8/2013, 10/9/2013,10/10/2013. which violates a set of procedures presented to me on 10/15/2012 which states," not reporting three unscheduled absences will result in discharge."
It is my understanding that by not contacting me again you may have violated your own set of procedures.
I do not recall being presented these procedures, I know I did not sign anything.
But I do know that contact WAS made between me and Brian on 10/8 and 10/9 in which I reported my absence for 10/8,10/9 and was told to take off on 10/10. Therefore I DID not violate procedures.
Attached is my home call history:
1. Line 34 shows Brian calling my home on 10/8 from Meadows Medical where a 1 minute conversation occurred.
2. Line 11&12 proves I called Brian's cell phone on 10/9 and he returned my call where we spoke for almost three minutes in regards to my being absence at 3:06pm.
I need you to contact me as soon as possible in regards to these issues. If I do not hear from you within the next few days I will have to file a complaint with the Department of Labor for the above delinquency to have on record for hearing purposes.
So, your prompt attention is greatly appreciated.
[
My questions are:
Am I correct she should have contacted me about the new allegations, especially after my employer was already caught in a big lie to avoid paying benefits?
I was not given a set of procedures, nor is any employee, but I am thinking this lie of his may work on my behalf.
Is the burden of proof now on the employer to prove we did NOT discuss the absences during our conversations? I did not have any prior unscheduled absences only the 1 on 10/7.
If I don't hear from the case worker should I file a complaint so it is on the record for my hearing? Who would I file it with?(Dept of Labor)? I requested a hearing immediately.
My case will still be pending until 12/11 (that is 30 days after the determination) can the case worker reverse her decision before that?
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