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Appeal decision taking 12 weeks in Alabama


(Birmingham, Al)

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.



Hi,
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.

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May 20, 2010
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I insist on civility.
by: Chris

Hi Anonymous,

Nice post.

I do get some rude comments and questions once in a while, but since they are usually counter-productive to the goal of this website .. I'm selective on which ones get through.

The funny thing though is most of the people that only have rudeness and bitterness to offer don't look for solutions or alternatives .. they are only interested in finding an outlet to complain and gripe through .. so it's not too bad around here because I have little patience for that and I can choose to ignore them.

Thanks for all you do

Chris:)


May 20, 2010
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be nice :)
by: Anonymous

Imagine if you will, that you work at a job you love an believe in, and get paid much less than the your average customer drawing max benefits allowed on UI. Then You give your whole heart to people trying to uplift and encourage and inform, and still yet, they call five times a day with bitterness in their voice for an employer that did them wrong. Its like trying to swollow vinegar and make honey; its not as easy as you might think. Especially when you give up your lunch to answer phone call after phone call, and hear complaints about how the ui benefit amount is poverty level? Duh, my salary is poverty level! Unemployment Insurance agents are the most caring/selfless and educated people I have ever encountered. What could it hurt to be as nice to them as you seem to be on here? Frustration does not give you the right to raise your voice, or take up the time of someone serving so many. Do the math on unemployment rates in your area vs population, and realise how many people they serve, and also look at how many staff serve those people. Look at how many times a customer is interupted in this "helping" process by phone calls from angry customers sitting at home, wanting to know why their check is a day late, and what time do you close, and can i file if?
And what kind of jobs do you have? etc... These are legitimate questions, but each worker does the work of what used to take 10 employees to do (hense the self service options),so try to be as understanding of them as they wish they could do for you! Try waitressing for just one day and serve happy people their food, and see how sweet you feel at the end of the day, And hang in there with sites like this, i may just recommend this to customers! Would save me a lot of time so i can focus on the positive part of my job! Getting people connected with the right work, the right job where they can find the fullfillment they deserve!

May 14, 2010
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same problem
by: Anonymous

after second hearing Nov. I had same problem and
could not even call to a person,all agents busy
and then disconnected,Feb. called Pat Roberts at
Al. atty general's office Montg.And was put in
with a person at DIR.and told three months.
this was Feb.18,2010.Feb.they mailed the letter of denial.Did not get it until Feb.22,2010.
next is the face to face hearing, this was denied
two weeks latter thru my attorney.
now we are waiting for a circuit date.
advice contact atty. gen and then an attorney.
I am *removed your email address*
also DIR.AL. is run by a private company.
we have no labor laws and no protection.










May 12, 2010
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Thanks
by: Anonymous

I certainly appreciate you advising who i should contact. I was outraged when I called and she said 12 weeks. I have my ADM Hearing officers name and all of the paperwork showing the date and time of my hearing. To be honest....if I have to wait 12 weeks,,,,I will have been employed with my new employeer nearly 3 months. That is ridiculous. But Alabama claims they are still handling appeals from Feb and I will just have to wait. They are so rude down there and I just dont understand why. Either way, I will begin making calls at 2 weeks as you stated you would do and I appreciate it :). I will also update my post so that anyone else claiming an appeal in Birmingham Alabama can review my outcome!!


Thanks, I do appreciate those who do update with the results they get.

I know that state unemployment workers .. are overworked and that they are probably overwhelmed and stressed .. but personally, I don't even think that is an excuse to be rude or uncivil.

It's just not that hard to be polite and mind your manners .. even when your giving bad news.

May 12, 2010
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How long does should it take to get a hearing decision
by: Anonymous

no we had a phone interview then they sent a denial with request to appeal. previous employer called pulled strings and had our actual appeal set and done already. this was the actual appeal hearing. the man stated that my previous employer had opted not to attend. the 12 weeks is to get tha answer. if we disagree with that then they aid we would have to have the appeal *reviewed*??


Then two weeks top is when I start getting a little irate and push it.

I always suggest the state attorney general because if I'm not mistaken .. that is the office that makes sure all state programs stay in compliance with laws and mandates as to how they operate.

The federal guidelines, I do not believe, would ever consider a 12 week wait for a hearing decision as anything resembling, "acceptably" in compliance with the guidelines.

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