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I was fired at a Las Vegas casino for a cash shortage **UPDATE 4/28/19**

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commentator

Senior Member
Winston, if you are planning on getting up and saying all this stuff, this is fine. If this is all contained in the documents you are giving out, this is not good at all. Remember, they do not call this a reading. They call it a hearing. You cannot go in and submit a letter/document and say this is what I have to say. You cannot go in and read off a document and then give everyone copies of it. You must listen and answer questions, let the hearing officer tell you when you are to speak.

The hearing will follow a set procedure. They will most likely ask you to present your evidence. VERBALLY. Do not hand them a pre-prepared statement. This will work greatly to your disadvantage. After you have spoken, and the other party has spoken, there will be an opportunity for the employer to ask you questions. You will have an opportunity to ask the employer questions. The ajudicator may have questions for you if you do not cover what they want covered if something is not clear to them. You are supposed to listen and respond intelligently.

You cannot merely refer them to your pre-printed statement without really messing up the process, and causing them to feel negative toward you. And however they may try to have an impartial hearing based on the facts, they are human, and if you irritate them it will hurt your case.

You have to be willing to think on your feet. Everything you have said here is fine, but it is not fine when it is written down and pre-packaged and canned and delivered to this judge. Do they let people do this on the witness stand in a court case? See, that's what this is, a hearing where you give ORAL testimony in response to the hearing officer's directions, or questions, or prompting.

I strongly strongly advise you that you want to go in and present your statement verbally. You can say everything that you say in this document, but do not I repeat, do not read off and submit this document instead of talking naturally. Eliminate giving the hearing officer and the other employer a copy of anything except maybe the documents about your first and second period of employment. DO NOT, absolutely do not give them stuff about your first period of drawing unemployment or try to submit anything about that as evidence.

If the agency wanted to verify that you had drawn unemployment, they could do it so easily that you are never supposed to submit evidence that you drew unemployment. You are not supposed to give the employer anything concerning your unemployment insurance that you have ever drawn, as this is confidential. It cannot be submitted into evidence. It is sort of like trying to submit proof in criminal court that you had been in jail, if you see what I mean. I do not think you need to say anything except that you drew unemployment after the first employment period, and that you were not considered a temporary lay off, as you were required to make job searches and did not expect recall.

And please, please, get rid of that definition of misconduct, do not give the hearing officer a definition of misconduct or quote law to them. They know, or feel they know, what the heck misconduct is for the purposes of the hearing. They do not want to hear you define it.

This is not a debate. Go in behaving professionally, look professional, but be pleasant. Listen, follow instructions, do not read to them or lecture them, be sensible, not belligerant. Do not try to follow a script or shove documents at them and then read them the documents. Good luck. let us know how it goes.
 
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winston3338

Junior Member
Got it commentator, I will be reading your post over and over to get it straight. I was using the post above as my notes and possible ways to say my answers but I have gone through it so many times in my head that I think I know all the answers so I will keep the statement I wrote put away.

The period of employment papers I was going to submit from both periods of employment are

1. The new hire papers. (both periods)

2, 90 day performance/probation reviews. (Both periods saying great things about my work)

3. And the termination/separation papers. (Both periods. Unless you think the they or the second one is irrelevant)

And I will get rid of the proof of unemployment payments and just say I drew unemployment in between employments and the misconduct definition that was for me as a reference anyway.
 
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winston3338

Junior Member
Oh ok swalsh411, I thought they might prove I was treated as a new employee both times I was hired to counter the verbal consultation warning I received the first period.
 

winston3338

Junior Member
Well I just got back from the hearing and it went well but doesn't look good for me. The company showed up with my supervisor and a firm representing them and this lawyer knew all the questions and answers to tear me up a little. The referee was a no nonsense lady who at first, refused to let me introduce my evidence of two different periods of employment but I kept reintroducing it and explaining it a little more and more. Finally when she caught on and realized there was a 9 month period in between both periods she removed the first period of employment along with the verbal consultation from the record. A slight win but they countered with a form I signed for the new hire packet that included (in the inch thick packet) a company cash variance policy knocking the wind out of my case.

The fact that the company had a reasonable expectation of me doing my job and the referee asking me how long have I been in gaming and doing this job shouldn't I have known better and things like that it didn't look good for me. The company introduced the fact that I made change for myself during my shift for a personal reason (not company related) and that didn't go over well with the referee. A fire alarm went off during the hearing and we had to evacuate the building into 96+ degree heat so that brought any momentum I had gained to a dead halt. The attorney had a long closing argument and I could only rely on my doing my job to the best of my ability and so on. All and all it was an interesting experience and a gamble at $5000 but as often happens in vegas, I lost.

I want to thank everyone for the information and education I received through this thread. I want to give a heartfelt thanks to you commentator, You had me well prepared for what was to come but somethings I had no defense for like the companys expectations and the forms I signed and an attorney and referee who does this everyday and eats people like me for a snack. I'll update when I get the decision.
 
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commentator

Senior Member
Well, you haven't officially lost until you get the decision letter. Sometimes it is hard to tell how things are actually going while you are in the process and the other side has an attorney who knows how to present forcefully and authoritatively. But they'll go back and listen to everything again and issue the decision. And then, if denied, you appeal it to the board of review. No reason not to, no cost to you to do so. But in any case, you gave them a good, no lets say GREAT fight, huh?

Hope you can find another good job soon and can move on. In any case, you've certainly learned about the unemployment process, have shown that you are a very competent person who can really research something. Good luck!
 
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winston3338

Junior Member
Well, you haven't officially lost until you get the decision letter. Sometimes it is hard to tell how things are actually going while you are in the process and the other side has an attorney who knows how to present forcefully and authoritatively. But they'll go back and listen to everything again and issue the decision. And then, if denied, you appeal it to the board of review. No reason not to, no cost to you to do so. But in any case, you gave them a good, no lets say GREAT fight, huh?

Hope you can find another good job soon and can move on. In any case, you've certainly learned about the unemployment process, have shown that you are a very competent person who can really research something. Good luck!
I did give them a great fight and I stayed cool and calm thanks to everything you taught me and I could see they had just a little more respect for the way I put on my case and (Not that it meant much) all the people there offered their hand to shake and wished me well, With you as my teacher I knew what to say and how to say it and I feel I couldn't have presented my side any better than I did, other then hiring someone. Thanks for everything.
 

winston3338

Junior Member
Hello, I didn't realize that I never told the end of this story. I keep calling in every week until my
26 weeks + another 26 from Washington were done. About 3 months later, I was adding Freon
to a neighbors AC unit in his car. My phone rang and a computer said I had money deposited into
my bank account. When I checked by phone, There was almost $6000 deposited by unemployment.
I went straight to Wells Fargo (their bank) withdrew all the money. Unemployment even said I had
two more weeks of pay due to me but I didn't call in or ask why, I took the money and ran. I forgot
about this post until I googled myself. I hope you all who helped me see this. Thanks again, JJM
 

cbg

I'm a Northern Girl
It's always nice to know the end of the story. Thanks for coming back and updating us! :)
 

winston3338

Junior Member
Thanks CBG, I thought of you after I googled my handle, (my mothers dogs name and house numbers) and saw the second site where I made the second post about this same subject. (I'm now 65 and my memory's shot) I had emailed that site asking if they could remove my post but I guess they didn't so I felt like I skipped out on the good people on both sites, so it kind of bit me in the butt.

Hi Commentator, You will always stand out to me because you were there from day one until the day I walked out a winner for both of us. As I updated this thread, I moused over your name and see you're still the man, happy to share your knowledge. I thought if you have time, you can see that I've been successful with these two problems I posted about because of good people like everyone here. Thank you sir.

May you both live to be 200 years old and may the last voice you hear, be mine

This is the second problem I had where I rented a hotel room for a month after my apartment flooded out. I moved back into my apartment, (14 years now) and this hotel evicted me 17 days after I checked out. The people on this site helped me and I was granted a Order Rescinding Previous Order for Summary Eviction

https://docs.google.com/document/d/19l9WLBvWsNcT8M9jWZeN0-m_aSU3a-bLSogBbXumwQo/edit?usp=sharing

Mods please forgive me if I'm posting out of spec. This is a link to my google docs page. I copied and pasted a thread from another site so I wouldn't post their link. I hope it's not breaking forum rules. Thanks
 

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