unemployment insurance benefit and employer protest of claim

[bubby51]

What is the name of your state? iowa

Worked for a company that did contracted work for company X. Left a full time job of 2 years for one that was closer to home with a company that was contracted to perform repair of tooling. Was on a 60 day probationary period, I was familiar with work to be performed but not 100% with work specific to this company. During this time (probationary) after 30 days was informed over lunch, verbal, informal issue that the contract company management was not seeing me learning at a faster pace so supervisor of mine told me about the complaints and said to improve, nothing written an informal conversation.

At end of 60 day probation period had meeting with supervisor and owner of company let me go, discharged me the reason on the memo that I signed was discharged due to employee is not a good fit for employer and employer is not a good fit for employee. On a side note i was told verbally contract company had problems with how I was proggresing with training.

I filed a UI claim and my previous employer protested claim ( i understand this) but the company the dishcarged me is protesting the UI claim and now I have a unemployment insurance fact finding interview.

Now as far as facts, during my short time with company I have not had any disciplanary actions other than the informal lunch but there was no statement that i signed, actually other than this one time I had not recieved any comments from management good or bad that would have suggested any performance issues. When an employer states discharge as reason for them to protest claim what kinds of proof or what generally does the unemployement rep look for to disqualify a claim.

Thank you

 

[PayrollHRGuy]

Tell the story as you told it here and if everything you wrote is true you will not be disqualified.

Unless they are making up a reason for discharge that has nothing to do with what you have written the only thing I can imagine they would base a misconduct discharge is that you lied on your application.

Yes they will have to provide some level of proof to show misconduct.

 

[bubby51]

thank you for your response, I have never worked with an employer in my 33 years of employment (5 employers) that did not have a policy in place that outlines training and coaching and to only give you a informal verbal counciling is beyond me. In the 60 days I did not sign any type of or did they have me sign any discipline statement. The supervisor worked 3 hours away in a different city and only talked to him in person 4 times and over the phone once.

 

[PayrollHRGuy]

You are welcome and good luck.

Once you know what the employer is saying is the reason for termination you can come back and post IN THIS THREAD and we can likely help further if you need it.

 

[adjusterjack]

the reason on the memo that I signed was discharged due to employee is not a good fit for employer and employer is not a good fit for employee.

I hope you took that memo home with you.

the company the dishcarged me is protesting the UI claim and now I have a unemployment insurance fact finding interview.

Present a copy of that memo.

The Iowa government website should have a lot of helpful information about appeals and fact finding interviews:

https://www.iowaworkforcedevelopment.gov/

Also check out appellate cases regarding misconduct so you'll know what to talk about if your employer is alleging misconduct:

https://scholar.google.com/scholar?hl=en&as_sdt=4,16&q=iowa+employment+appeal+board+misconduct&btnG=

 

[bubby51]

So I had my fact finding interview, the former employer admitted to what the memo said, I was discharged due to I was not a good fit for the employer, also said I had no disciplinary action either verbal or in writing and that I was not informed of any problems with my performance at any time up to my date of termination.

When Iowa workforce questioned me I had said no one either from employer or contracted company said anything about job performance until the date of termination, and then asked if I was adequatly trained at the date of termination, I said yes and no, at that point I was not completly trained on all the specific tooling in the tool crib, I also mentioned when I hired on it was an 8+1 7-3:30 + 1 hr of OT. 2 weeks into the job the company that contracted with mine asked me when I was going to start at 5-1:30. So not very good communication between the two entities.

Iowa Workforce rep said she had all the information she needed to make a decision so she will send out letter this week of decision, I hate to speculate but I would think with the verbage stated to terminate me and the fact that there was no performance coaching or that no one talked with me prior about any concerns about performance I hesitate to say I will be awarded benefits.

Will update once I receive decision.

Thank you

 

[cbg]

I think your odds of receiving unemployment are very good.

 

[commentator]

I agree strongly. Performance issues are just about the hardest to prove as actual misconduct. All you have to say is "I tried my best." "I did the job to the best of my abilities." If you showed up and kept trying, there's very little chance that the employer can dispute that and demonstrate genuine misconduct. Even if you were given warnings, all you have to say is that you tried your best to improve your performance.

But it is possible for the employer to set the performance standards so high that the employee cannot achieve them no matter how they try. They could ask you to spin straw into gold. They could not like you for some other reason and set their standards to a level you could never meet, such as "totally error free work." In order to block your receiving unemployment benefits with performance issues, they'd have to show that you had the capability to perform the job to their standards, and voluntarily chose not to do so, though you knew that this could result in your termination.

I suspect you'll be approved in the initial decision. If the employer wishes to protest this decision, (as is their right) and you are notified that there is a hearing scheduled on this matter, DO NOT blow it off, even if you have gone back to work at another job and no longer need unemployment. Be available for the hearing, and repeat that you always did the job to the best of your abilities frequently. You'll probably be approved in this hearing too.

If you happen to be denied in the initial decision, you will need to file an appeal, keep making your weekly certifications, and come back here and let us help you with the appeal process.

 

[bubby51]

Am I entitled to copies of any documentation the employer submitted to substantiate there protest that was given to the agency?

 

[commentator]

Not necessary at this point. You aren't going to sit down and refute them point for point. The adjudicator is going to issue an initial decision. You will both be notified of that decision. All you do, IF you are denied and it comes to a hearing, which may not happen, or they asked for one, even if you are approved, is tell your side of the situation. And that is, I was warned orally on such day. I always did my best. I tried my best to improve my performance after the warning. I always did the job to the best of my ability. They'll have anything on paper that they submit, and you'll see it then, but as I said, your job is not to refute whatever they say, your job is to be more believable in that you were doing your best, whatever their opinion of your performance.

 

[bubby51]

thank you, so if my claim is approved will I start to collect or what happens during the 30 day time frame to appeal if employer does not agree, do I start to collect or is it placed on hold.

 

[commentator]

You have been making the weekly certification for benefits, haven't you? If not, start that immediately for each week since you have filed the claim after it passes. If you are approved in the initial decision, you will be back paid from the time of filing if you have certified for whatever weeks that have passed, once the initial decision approving benefits is made.

If you are denied, you do not begin receiving benefits, but you keep making those weekly certifications anyway, and you are not receiving benefits before the appeal is made and the appeals hearing takes place. After that decision, if you were then approved, you'd be back paid all the weeks you had certified for up to that point. That's why I said even if you are approved, and then get another job and go back to work, stop filing for benefits, and the employer appeals and a hearing is set up, be sure you participate in it, so that the money you received after the initial decision does not become an overpayment if your decision receiving benefits were to be overturned, which would be more likely if you did not participate in the appeals hearing. But you don't know, they may not ever appeal if you're approved on the first decision.

 

[bubby51]

I was approved and my first payment is this week, now we will see if employer appeals decision. Thanks for all your help