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Appealed a denial of unemployment due to misconduct, but my employer did not attend the hearing.

by A.H.
(Mobile,AL)

Hi,Chris I was recently fired due to misconduct on June 10,2014... I was a store manager for a retail store.


On June 7 my ankle and foot was swollen due to sand flies or yellow flies which we have alot of down south.

I tried calling my District manager to let her know I needed to leave work because I could barely walk.

She never answered or called back. I also called around to stores looking for her.

So, I finally left with my store properly staffed.

On Monday I faxed her the payroll sheet stating that I had to left on Saturday and had to leave again on that Monday too, so I could go to the doctor...

Ok on that Monday she came by my store and my asst. Manager let her know what was going on again.

The district managed stated to my asst. store manager that she was going to fire me anyway due to a customer complaint. She asked my asst. Manager to be prepared to come in the next day which was a Tuesday.

My asst manager called me to let me know what was said. I got so disturbed and the distracted by this, I didn't go to the doctor. The next day I had to do a double and my district manager came in. She was very rude and told me to call my asst.manager to come to work, so she did.

She pulled me to the back and said I was terminated due to a customer complaint.

I never had a customer complaints before. When I filed for unemployment it was denied the first time and it stated it was for leaving the workplace with out my District manager knowledge.

I appealed and was granted benefits. My hearing was Tuesday July 22 2014. My district manager did not join us. The hearing officer just asked me questions.

She ask if I had any write up or warnings. I said no, which was the truth.

My question is do I have a good chance in winning?

Comments for Appealed a denial of unemployment due to misconduct, but my employer did not attend the hearing.

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Jul 24, 2014
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You do have a chance and here's why.
by: Chris

When someone is discharged from a job and denied benefits and appeals the determination. The employer is also notified of the date and time of hearing so they can sustain their burden that the cause for discharge was misconduct connected to the work and not showing up for a hearing leaves the claimant's testimony as the only testimony for the hearing officer to consider.

So, as long as you did not testify with some information that would reasonably be considered self-disqualifying information, you should win.

But, when an employer doesn't show up for a hearing, which they often don't, I've got to wonder why and whether the reason they didn't show would allow them to get the matter reopened back down at the lower level again after a board appeal explains they had good cause for the non-appearance, did not receive the hearing notice prior to the hearing, or actually requested a postponement of the hearing for a good cause reason.

Especially if the employer, employs a cost control company.

I've requested more postponements for employers than I can count and I always did this to protect an employer's rights to due process so there would be a point to hang a board appeal on if the hearing decision did allow benefits.

It is not as hard as you might think to get a reopening when good cause existed for a non-appearance, and was well documented in a faxed postponement request that actually contained a good cause reason for the first-hand witness not being able to attend the hearing.

Chris

Sep 05, 2014
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appeal
by: loretta moderne

Just wondered if A.H. was employed by home depot. I have a wrongful termination, employers rep did not show for hearing, but there were faked unsigned writeups the my file they provided. Luckily, i had kept all my own signed paperwork on time and attendance, which refuted their false claims and incompetent record keeping, so i won the appeal. A lot of folks had representation at the hearing. I went alone, but i have also successfully fought the IRS on 5 audits. Since i had all the needed paperwork, i made copies for the jugde and employers rep. I won my case. They actually made it worse for themselves by trying to coverup. I'd been with the compny 13 years as a top sales person. Shame on home depot....

Sep 05, 2014
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To Loretta - The power of a document
by: Chris

I wish I could count as high as the times I received three write-ups from one of the biggy clients with "refused to sign" in the spot where the employees signature was supposed to be.

Of course the spots where the discipline giver and their witness to the meeting went stood large and proud to add weight to the testimony at the hearing.

To this day, it amazes me how even a faked document can add that needed weight to push even a lie to be found as the most credible story told at an unemployment hearing.

Way to go Loretta. Documentation is what businesses train those who run the show to do and all employees should take this advice to heart for their own good.

Now if business would only teach, or hire bosses to lead people with honesty and integrity at work, instead of operating workplaces like prison camps .. maybe there'd be fewer lies told at unemployment hearings to cover their own ass from becoming the next unemployment claimant.

Jan 08, 2016
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appeal coming up.
by: Anonymous

So let me first start off I'm sorry of I'm posting in the wrong place. But I was fired on Nov 30 for what I was told by the manager the administrators finding I left some equipment on over night over a month ago which I don't remember or was never written up for. So I applied for ui in ga and was denied. But after going in today to see my personal file the only thing in it pertaining to my termination is a letter from my ex boss (who also was forced to resign for covering up sexual harrasment) stating that I broke multiple rules for which there is no evidence to which I broke. And she told me about some of the allegations I'm the letter a week before but I repeatedly told her they weren't true and I have 3 witnesses to prove my innocence. Any chance on the apeal. They have no evidence what so ever besides a letter from that manager and a nurse complaint on job responsibilities that were not mine.

Jan 08, 2016
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To appeal coming up.
by: Chris - Unemployment-Tips.com

You can ask, wherever you want, but I still only consider those submitted here.

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