• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Unemployment claim denied

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state (only U.S. law)? Indiana

My unemployment claim was denied now I am waiting on it to get here so I can appeal it. Any advice regarding appealing this?

Thank You
 


Beth3

Senior Member
Follow the instructions from the State included in the envelope when you receive the denial in the mail.
 

swalsh411

Senior Member
You are going to need to provide a lot more information than that if you want any advice on your specific situation.
 

Antigone*

Senior Member
You are going to need to provide a lot more information than that if you want any advice on your specific situation.
Most of the info is probably on her other threads;). I hate it when people start new threads and expect you to remember what you posted on the last one:rolleyes:
 

cbg

I'm a Northern Girl
I remember her other threads.

Chika - what reason was given you for the denial? I am, quite frankly, shocked that you were denied.
 

commentator

Senior Member
Okay, this is an "initial decision." Now will come your right to appeal and have a hearing. Keep on making your weekly certifications. If you are approved by decision in the hearing, you can be back paid for each week you have certified for.

When you get the letter stating why you were denied, come back here and tell us exactly what it says. And send it back saying, "I wish to appeal this decision." You do not need to say anything else, you do not make your arguments at this point. Just get that appeal back in to them within the time frame. If you are allowed to do so, request an in person hearing.

Now, remember how you've said you couldn't stand the idea of confronting the employer? Well, this is what you will need to. Please, to save the repetition factor here, go back over everything we've all advised you in previous posts. It all still applies.

In many cases, the initial denial is because there seems (when the ajudicator gives it a cursory glance) to be a progressive discipline, a company handbook, all the basics to fire someone legitimately and show a good misconduct reason.

Your employer was being clever when they gave you the handbook at the end there. But when you get into hearing and are able to spell out how this termination happened, it won't sound nearly as good.

And don't feel too bad. Even if you'd won the initial appeal, the employer would be appealing and you'd still have to go through the hearing process.
 
Thank you I am waiting on the letter. I log online everyday and it did not say I was denied but when I called today they told me it had been denied last week.

I definitely do plan to appeal it and will keep you updated. I appreciate it all the advice.
 
Denied unemployment letter

I received the letter in the mail today and this is what it says

Issue Involved: Discharge for just cause

Circumstances of case
The claimant was discharged for willful unsatisfactory work performance. The information provided does support that warning were issued and or the claimant was are the job was in jeopardy.

Conclusion of case
The claimant was discharged for just cause. IC-22-4-15(D) sates that discharge for breach of duty in connection with the work, reasonable owed an employer by an employee, is disqualifying. Information provided establishes the claimant was willfully negligent or careless in performance. It has been established the claimant's willful unsatisfactory work performance was a breach of duty. The employer is relieved of charge per IC-22-4-11(d)2. Benefits are reduced and suspended as shown below.

Legal Results of Case
Claimant
Your benefit rights are suspended effective week ending 4/2/2011 until you have earned your weekly benefit amount in each of eight weeks.

A 25% Reduction may be applied to your maximum benefit amount

Employer
The employers account will not be charged for benefits paid after 4/2/2011 on wages earned prior to this date.

Right to appeal: Either party may appeal this determination and request a hearing before an administrative law judge within 10 days.
 

cbg

I'm a Northern Girl
Commentator is really better at this than I am, but since you asked me in your PM to comment I'll do my best.

All you need to do at this point is notify them that you wish to appeal. You don't have to make any argument when you do; you just say "I wish to appeal this decision".

At the hearing, you reiterate that you always did your job to the best of your ability. I don't know about your state, but in my state the employee gets the opportunity to ask questions of the employer. If you get that option, you might want to ask for an example of a time when he thinks you *deliberately* made errrors, but let Commentator respond to that first.
 

swalsh411

Senior Member
When you appeal the employer will have to present actual evidence of misconduct not simply state it occurred. Disqualifying misconduct generally falls into one of two categories.

#1. repeated violations accompanied by warnings and progressive discipline

#2. egregious violations that are so bad that they are per se misconduct i.e. theft, threats of violence, showing up to work drunk, etc.
 
I did make mistakes but never on purpose, I can't believe they would even say that.

I have to write a letter stating why I do not agree with the denial I am not so good at writing letter.

When you appeal the employer will have to present actual evidence of misconduct not simply state it occurred. Disqualifying misconduct generally falls into one of two categories.

#1. repeated violations accompanied by warnings and progressive discipline

#2. egregious violations that are so bad that they are per se misconduct i.e. theft, threats of violence, showing up to work drunk, etc.
 

swalsh411

Senior Member
You don't have to write a letter now stating why you do not agree with the denial. Most of those that I have seen are rambling, do not stick to the facts, and probably aren't read anyway. You will discuss your termination at the hearing, and the burden of proof will be on the employer to prove misconduct. Right now just state you wish to appeal the decision.
 

commentator

Senior Member
Read our lips. All the letter needs to say is "I disagree with this decision. I did not commit deliberate misconduct in regard to my job performance. I did my job to the best of my ability. I wish to appeal this decision." Got it? Okay.also say, "If possible, I wish to request an in person hearing concerning this matter." That is all you need to say. You need to put in your telephone number so they can reach you to set up the hearing.

I suspect you are sitting there reading this letter and whimpering because they didn't love you, didn't find in your favor. Buck up. Sit down and begin to make an outline of everything about this situation.

Perhaps it can start with something like, I begun working for this employer on such and such date. I told him at that time that I would be relocating in ....months when my military husband was transferred again to a new location.

I was not, at the time of my employment, given an employee handbook. In fact, I had no idea a handbook existed, had never seen one until...such and such date, when I was presented with this handbook, after I had been written up and threatened with termination.

I was given...amount of training. My training for the job was done by**************.I was able to learn what was required of me and do what was required of me, and I always did the job to the best of my abilities.

DO NOT BE STUPID. Don't pop up and volunteer, "Yes, I made mistakes....whine whine..." Say you tried your best and if you made any mistakes, you immediately when you received feedback changed your behavior and ALWAYS did the job to the best of your abilities.

Let them show exactly what these mistakes were, that they were deliberate, and that you were doing them knowing you had been warned not to do them, and knew you could be fired for doing them. Don't say negative things about yourself in the hearing, even in the name of being honest. You will find that your employer will have no trouble shading the truth to his advantage. But you do not argue with them. You just tell your story as you know it to be true. You must be the most believable.

You will want to point out that your "job performance deficiencies" increased sharply and abruptly when you went to your employer and told them you were pregnant. You may be able to say that until this point, you had never received any feedback that you were not doing a good job (had you ever had a performance review or a raise or a word of praise during your tenure there?)

That when they began to be so unhappy with your work, that you tried as hard as you possibly could to please them and change anything you were not doing right and tried to do a good job. This would be a good time to mention that you received the handbook, the write ups, and the counselings all in the short time between the time you told them you were pregnant and the time you were terminated. Stress that your performance of your job performance had not changed,that you were doing the job as you had in the past and it had been quite acceptible, UNTIL you were found to be pregnant and would be leaving soon.

Yes, this is standing up for yourself. This is not something that someone else can do for you. You must not decide to wimp out on this. You have absolutely nothing to lose doing this appeal, and a great deal of self respect to keep.
Get your material together, and then let us have another shot at fine tuning it. This is sort of like a presentation you're doing for a class or something, you're going to be well prepared and professional, and you will have a pretty good chance to win.
 
Last edited:

cbg

I'm a Northern Girl
BTW, Chika, I've forgotten and I don't want to go through your other threads looking for it; how many employees overall?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top