Unemployment Hearing

[semitran]

What is the name of your state? Montana

Hello,

I have a hearing coming up on my unemployment benefits. It was claimed that I refused a job and I intend to prove otherwise. One point that I wanted to ask some advice on..

On the official work refusal form it has the date offered work as 4/27. However, in the notes I obtained that were transcribed by the same person, the date is listed as 4/26. I also have testimony on the record stating that date as well. Is this grounds for dismissal on a technicality? Does this give me any leverage in disproving their claim? One of my points is that they can't seem to get their facts straight and this seems to substaniate it, at the least.

Thanks,

semitran

 

[Ohiogal]

So you didn't refuse work 4/37 but you did refuse work 4/26? How is that supposed to help you? Ummm, it won't. You refused work and that is the important thing.

 

[semitran]

no

I didn't refuse work. The point of my post is that they have their dates all screwed up. *They* filed a claim saying I refused work on a certain date. Their own notes, however, indicate it was a different day. So there is a discrepancy in their version of the events. According their own notes and testimony, I supposedly refused work on a day different than what they filed in the official documentation. My question is what options does this give me? Can I ask for the claim to be thrown out on this basis?

semitran

 

[justalayman]

I didn't refuse work. The point of my post is that they have their dates all screwed up. *They* filed a claim saying I refused work on a certain date. Their own notes, however, indicate it was a different day. So there is a discrepancy in their version of the events. According their own notes and testimony, I supposedly refused work on a day different than what they filed in the official documentation. My question is what options does this give me? Can I ask for the claim to be thrown out on this basis?

semitran

No. You will get a chance to refute their claims. They will have to substantiate their claims by proving you did in fact refuse work on such and such day. You can state simply that you didn;t do what they claim.

The problem comes in where the fact that you did refuse work on a different day still makes you ineligable for UI. I realize you state you did not refuse work but you are a bit to innistant that you are fighting this because you did not accept work on such and such date.

If it was as simple as you stating that you did not refuse work on any day, that is what you would tell them. You are too hung up on the specific date. A bit too suspicious to me and I suspect the adjudictor will feel the same. They watch for people picking on a technicality like you are and it runs the red flag right up the pole.

Bottom line is they are going to end up asking you if you have refused work on any date. If you lie then, you are committing a criminal act.

 

[semitran]

unclear

I was picking at the technicality because I am eager to get these claims dismissed against me, not because any particular date undermines my case. This whole thing was and is causiing me financial hardship and the sooner that this is over, the sooner my life gets back to normal. In any case, I have not explained the full details of my case which would illustrate why the date is important in regards to the evidence, but either way I feel I can definitively prove that I did not refuse work.

It has seemed to me that in some legal proceedings, discrepencies like this could result in harming someones case. I feel that the system overwhelming favors the employer over the employee so I am happy to have all the help I can get in fighting these charges.

semitran

 

[justalayman]

This is not a court that you are going to, it is an administrative hearing and although there are rules they will follow, ultimatley they want to get to the truth.