Appeal decision taking 12 weeks in Alabama
Ok i will try to make a long story short. I have been a manager at a company for 10 years. Two years ago an employee and myself were dating and had an argument (verbal) at work that a few employees overheard. We were written up and given rules to follow (i.e not being alone in an office, no arguing, ect.). We signed the document and abided to it.
Two months ago we were sent out of town together alone to visit a client. Thought it was odd but didn't question it.
Last month we were both promoted and given raises along with yearly bonus. To much of our surprise we were then pulled in an office with legal and terminated. No reason given other than there had been rumor in the office (not told what rumor ) and upon investigation we were being let go.
They even gave us 4 weeks severance pay. We were so confused. We applied for unemployment and it was denied. When we called to find out why, documents were read to us from employees that were simply lies. Not to mention the documents were from 2 employees i had just written up for attendance before i was terminated.
The documents said we were fraternizing (oh and by the way out of 50 employees two sets of employees there have dated and got married and are still employed there).
Anyway I called my previous employers legal dept and he was very nice. Just as he was when he terminated us. He said those documents were hearsay and should never have made it to the state of alabama and that they were not trying to deny my unemployment.
Legal asked me to let him handle and he would call me back. Well he did and within 3 days I had an appeal date. My ex-employers legal dept actually called me back and said that they would not attend the hearing however once documents are turned over to the state he cant request them back.
He said he told the state they were not valid and then he gave me advice on what to tell them. He said tell them i had not been in trouble since the incident 2 yrs ago, that i had been promoted and given a raise and bonus recently and that i was never told about the investigation or asked my statement before the determination was made to fire me.
He said to also tell them I had been sent out of the state by the company with this employee.
Well i did all that a week ago at my hearing and the employer did what they said and did not show up. I called today to see if a decision was made and they said Alabama is 12 weeks behind and i would just have to wait.
My question is
1. What do you think my chances are of winning
2. Is there an escalation process...I really need some sort of income. It is crazy to wait 5 weeks to tell someone they are denied, then they appeal when it is not of their wrong doing and they have to wait another 12 weeks to get paid. I am not lazy and trying to feed off the government. I am 29 and have been working at the same company since i was 19. I am just asking for assistance while i find employment. I am suppose to start work with a fortune 500 company :) on 05/24....will the state backpay me if it is approved and i am working by the time it is approved. This process is crazy for those of us who really are hardworking people in a bad situation
*** letter of denial said: 25-4-78(3)b Misconduct
You were discharged from your most recent bona fide work with ****** for violation of company policy in that you were fraternizing with another employee after previous warning.
Whoa down there!! I'm still doubting whether you had a hearing .. Nothing makes sense to me because you were just fired last month.
I think you're talking about the phone interview .. and anyone who actually trusts that their former employer can handle things once a matter falls into the states hands .. has lost their marbles.
I think you've been told you have to wait 12 weeks for the appeal hearing to be scheduled where the employer has "promised" not to show.
There is no way in hell that you're waiting 12 weeks for a hearing decision to be issued after a hearing .. if this is in fact the case .. contact your state attorney general and raise hell.
By the way, I think you can win the hearing .. no problem, but unlike your former employers Legal .. I might suggest real ways to narrow the focus and prove that it was not with good cause.