Search This Site.

DENIED UNEMPLOYMENT APPEAL

by CELESTE
( BOSTON, MA)

I WAS FIRED FROM MY JOB. I WAS AN ELECTED UNION OFFICIAL AND WAS A TARGET TO BE FIRED DUE TO MY ABILITY TO SUCCESSFULLY REPRESENT AND WIN GRIEVANCES OF MY FELLOW EMPLOYEES.


THE REASON GIVEN ON THE DENIAL OF MY APPEAL WAS NOT BECAUSE MISCONDUCT OR ABUSE OF TARDY/ABSENTEE RULES, IT WAS BECAUSE MY ARGUMENT WASN'T AS PERSUASIVE AS THE EMPLOYER.

I HAVE NOT RECEIVED ANY INCOME SINCE OCTOBER AND NOW HAVE LOST ALMOST ALL MY BELONGINGS AND SLEEP ON FRIENDS COUCHES WHILE I TRY TO GET ANOTHER JOB.

HOW CAN I COLLECT UNEMPLOYMENT AFTER THIS APPEAL HAS BEEN DENIED? ESPECIALLY SINCE THE EMPLOYER DID NOT PROVE MISCONDUCT AND DUA AGREED. THE MEDIATOR DENIED ME BECAUSE I DIDN'T APPEAR CREDIBLE OR PERSUASIVE ENOUGH.





In the usual way one gets a reversal.

Appeal to a board of review. The appeal should include a written brief which raises the hearing officer's errors based on the record at the hearing .. which of course .. I have no clue about.

I always suggest anyone considering taking on an appeal to a board of review .. get the help of a professional .. i.e. lawyer or at least someone who knows what might be valid points to raise on appeal .. because if you can't win a lower level unemployment appeal by yourself .. you most like don't have what it takes to write a sufficient appeal for reversal .. or even a remand for a new lower level hearing .. or just an order for the record to be more fully developed.



Comments for DENIED UNEMPLOYMENT APPEAL

Average Rating starstarstarstarstar

Click here to add your own comments

Feb 11, 2011
Rating
starstar
DENIED UNEMPLOYMENT
by: CELESTE

THANKS SO MUCH FOR RESPONDING TO MY QUESTION...UNFORTUNATLY I THINK WHEN IT IS STATED THAT WE CAN ASK AN ATTORNEY FOR FREE WITH OUR SITUATION...IT SHOULD BE NOTED THAT ITS ACTUALLY NOT FOR FREE...MY ATTORNEY WAS WILLING TO ANSWER MY QUESTION FOR $30.00. lOTS OF MONEY FOR A GALL WHO HASN'T HAD INCOME SINCE OCTOBER...

BUT THANKS AGAIN FOR A PLACE TO GO.....






Contact legal aid in Massachusetts if you expect to to speak with a lawyer for free .. I can only assume .. you are referring to "just answer" about the $30 dollars .. and it should be clear from the start that that is not free.

As far as myself .. I also make clear you can ask free questions, but I'm no lawyer and the entire gist of my message with this website .. is win the first hearing .. so you don't have to pay an attorney to find out if you have a basis for appeal to a board.

I'm still trying to figure out how someone so good at resolving grievances for union employees .. wound up having to rely upon a credibility decision by a lower level hearing officer.

It was your job to present documentary evidence and testimony from witnesses if necessary to add weight to your own testimony to avoid the hearing officer having to decide who was more persuasive.

Feb 15, 2011
Rating
starstarstarstarstar
DENIED UNEMPLOYMENT
by: Celeste

You sre right...I would have been better off going into that hearing alone. I did have signed statements from 2 union reps.verifying they were witness to a meeting verifying there was a computer problem that occured on my account that was counted against me...but the mediator was not interested in any of the many documents I had to present and did not even look at them. When my 3rd year free law student got sick at the hearing (vomited in a bucket), I should have been allowed to represent myself for the rest of hearing. Instead the company lawyer asked me a few questions and the UI mediator asked me a few questions, that were only allowed to be answered with a yes or no and she wouldn't let me explain...I do agree that the CWA Union fell short in their support of a fellow union member..especially since I've seen them help others...I'm not sure if I can sue them...I do know that my student lawyer, the UI mediator did not get involved enough..and I am paying a huge price....again I can never thank-you enough for your interest, support, knowledge and a place to give us all a voice....




Just a thought for an appeal to the board. When the 3L got sick an vomited in a bucket .. the 3L should have requested a continuance .. or possibly .. the hearing officers should have suggested one?????

Feb 16, 2011
Rating
starstarstarstarstar
DENIED UNEMPLOYMENT
by: CELESTE

AGAIN WE AGREE....SINCE THAT DIDN'T HAPPEN, CAN I REQUEST AN APPEALS HEARING AGAIN, WITH A DIFFERENT UNEMPLOYMENT MEDIATOR, INSTEAD OF REQUESTING THE NEXT TYPE OF APPEAL THAT COULD TAKE FOREVER....(THROUGH THE BOARD OF REVIEW). ALSO THE UI REP. REFERRED TO THE 3RD YEAR LAW STUDENT WHO BECAME SICK, AS MY LAWYER, THEREFORE I COULD NOT FINISH THE INTERVIEW, OR ASK QUESTIONS ON MY OWN BEHALF. THANKS AGAIN FOR YOUR THOUGHTS.



Unfortunately, I know of only one way to proceed .. with an appeal to the board of review.

The appeal should be based upon the record created (you will need to request the recording or transcription of the hearing) and then write a "legal brief" citing case law which points up the hearing officers errors made during the creation of the record ..

You could of course ask for whatever a board is allowed to do. Usually .. reversal, remand for a new hearing (possibly in front of a new H.O. or when the error might be something like refusal to allow documents, testimony, or witnesses and/or subpoena .. a remand for "additional testimony" .. this is usually done with the same H.O.

Orders for a remand which also vacates the decision .. should go to a new H.O. .. without any knowledge of the prior proceeding.

Mar 08, 2011
Rating
starstarstarstarstar
Denied Unemplyment Appeal
by: Celeste

Hi again,
Quick question...since I paid Union Due each paycheck and was also an elected Union Official (voluntary) and I denied unemplyment, can I file something to get back my Union Dues?

My Union and their representatives did not fight for me the day I was terminated nor did they come as witness to any of the hearings to state and verify that some of the accusations that the employment implied were false. The mediator gave the employer an extra week to provide documentation to back up her accusations..but the emplyee never did provide any paperwork....I was still denied benefits

Back to my question, since the Union offered no support, advice or send the Regional Union REp...who has gone to other hearings...how can I get my dues returned?





Hi,

That I have no idea about .. I am not an expert on the workings of unions. But it does seem to me that it would be something that would have to be addressed in the laws about labor relations.




Click here to add your own comments

Return to Unemployment Appeal Questions.

} }