unemployment being appealed by employer

[Hisbabygirl77]

What is the name of your state (only U.S. law)? az
I was working p/t on weekends only at a job. When my husband started working weekends I was unable to find sitter for my five children one of which has special needs and needed to quit. In az that is a valid reason to get unemployment. I was approved but now my previous employer is appealing saying I never told them why I quit. They admit that I gave two weeks notice but conviently lost the letter saying why I was quitting. I was unable to complete my two weeks because the person who was going to watch my kids the last two weekends flaked. I called in the first weekend and explained i couldnt come in but would try for next weekend

The next week came and again the sitter flaked so I called in again spoke to my boss and explained that again my sitter flaked. I still had one weekend to go so I told my boss I was unsure if I could find a sitter the next weekend she told me dont bother and she would take me off schedule. Now my previous employer is saying I didnt in fact call in and I quit earlier than the two weeks with no notice. I have proof that they are lying because I have my cell phone bills showing the calls I made both weekends. Do you think they have a chance of winning the appeal since i can prove they are lying on that count? I dont have copy of my notice letter. My lack of child care was discussed many times with my boss. The only thing I can think of is she is telling main office I didnt tell her so she doesnt get in trouble for letting them know they issue.

 

[commentator]

I think you have a pretty good chance of winning this appeal. Be sure that during the time between the protest and the hearing, you are filing your certifications for every week, because if you win, you'll be back paid for the weeks you've certified for.

Sit down with a pen and pad, and write out exactly what happened, and try to get dates for exactly when you told the employer what. In other words, make the best record that you can of when you first told the employer that you had lost your child care, and that you would not be able to work, and the date that you sent the notice letter (even though you can't come up with a copy) and the cell phone bills that show the dates you called, write down for each date what you told the employer on that date.

When you have the hearing, though it may be by phone or in person, be very formal and together. The employer will speak first, and they may lie, but then when you speak, and you have times and dates, (you may want to call the appeals tribunal and ask if you can fax them the copies of your cell phone records with the calls you are going to reference underlined.)

Good luck on this. They can say things, and they can appeal, but you certainly seem to be able to show that you made a good faith effort to keep this employer informed and let them know in plenty of time about the change in your situation. Remember that in an appeals hearing, your word is just as good as the employer's word, and you have actual proofs, while they have only their claim that you did not inform them.

 

[Hisbabygirl77]

Thank you for the post. I am faxing the cell phone list to the judge tomorrow and am actually already receiving unemployment. It was approved right away. I dont know why they are appealing but hopefully the judge will see that they are just looking for an excuse. I have written down all the days and highlighted the calls from my phone that were made to them. Hopefully the judge will see the truth. Thanks you again.

 

[Hisbabygirl77]

Just a quick update. My previous employer did not show for the appeal so the judge granted me my unemployment by default All that work to get proof and they are a no show...sigh Oh well I still WON lol