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Do I have a chance to win my appeal?

by Helene
(PA Unemployment Appeal)

I was let go from my social worker job in Feb. 2012. I began working for this organization in 8/09. The major factor which attributed to me being fired, was that in November 2011, I had submitted a court document with typos and wrong names. I admit, i did not proof read this document as well as i should have. The paralegal read the document and found the errors and reported it to my supervisor. Obviously, i had to fix the error, but ultimately i was written up for this incident. It was then decided that i had to email everything i wrote to my supervisor for her to check before a document could either be mail out or put in the file. Prior to this, I had received a verbal warning in June 2011 about my proofreading and writing skills.

After this i did was i was told to do. I emailed all documents to my supervisor. Sometimes she would find errors (grammatical,spelling, etc) and told me what to correct. and other times, the document was perfect. When i was fired in February this incident was brought up as a reason for firing and that ultimately my writing and proofreading was not getting better. granted like i said, i had made some other mistakes, but no other document had been sent out with a mistake on it. additionally to this, when i was fired i was told i was not a good fit for the position and did not have the right experience for the job and that my strengths can be utilized elsewhere.

I immediately applied for UC benefits and after two months of getting an initial response i was denied on the basis of willful misconduct. i have been reading alot of definitions of willful misconduct and i truly believe my mistakes do not account for willful misconduct. i have sough out legal representation and my lawyer believes i have a good case. I am just concerned since i was warning about this issue and my mistakes continued. anyone think i can win?


Response for: Do I have a chance to win my appeal?



Hi Helene,

I do think you have a chance of winning .. because you said you'll be represented.

I would say your attorney is planning on driving home that your discharge was caused by mere inability and nothing that should be considered intentional misconduct, such as performing your job in a negligent or careless manner or with any willfulness resembling a blatant disregard of your employer's interests.

Chris











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Nov 29, 2014
Non-attorney Rep for Which State?
by: Chris

Non-attorneys are in fact, the most experienced when it comes to unemployment hearings .. as long as the state does not require attorneys when a fee is paid for representation.

So if experience and just being mored familiar with the administrative processes of unemployment means anything .. yes, I myself would prefer a non-attorney for a UI hearing in my state .. over some attorney who generally expresses little to no interest in UI cases .. for claimants.

Nov 29, 2014
finding a non-attorney rep.
by: Anonymous

It was mentioned that one has a better chance to win an appeal by using a non-attorney representative. Where do I find one?




Apr 22, 2012
yes
by: Anonymous

yes i do have an attorney, i'm just nervous



I know .. a lot rides on the outcome of unemployment appeal hearings .. but so far, you done what you can to maximize your chance of winning the appeal hearing.

If you ever want to talk .. email me and I'll be happy to call you so I can answer any more questions.

Chris

Apr 22, 2012
Who will appear at the hearing?
by: Anonymous

would someone from talx appear at the hearing or my supervisor?


Depends on the services your employer uses.

All I can tell you is that my job was to round up the employer witness with direct testimony, any relevant documents that still needed to be sent to the state .. and the claimant and they I would send the file to the hearing rep I contracted and they would basically run the show during the hearing.

Things like submitting documents into the record .. take the employer's testimony and cross examine the claimant.

However, I really can't say how things will go down for your case .. because I'm not coordinating it.

Didn't you say you had an attorney?

Apr 21, 2012
talx
by: Anonymous

Are they going to squash my uc appeal


That's what they try to do. But, whether they do/can or not is not is dependent on the facts now and what the hearing officer decides .. now isn't it?

There are rarely pat answers .. and when there is .. you shouldn't act like anything is a shoe in.

Apr 21, 2012
TALX?
by: Anonymous

so i got a confirmation of my appeal in the mail today. i saw that the address for my former employer was C/O TALX in ohio...i looked up this company and it seems they help employers fight unemployment....anyone have any info about this?





Ya, I do. TALX reportedly, handles 30 percent of all the unemployment claims filed in this country for employers. I don't doubt this.

But they also provide other types of HR services as well, and supposedly the real money maker .. employment and income verification using their vast database thanks to handling unemployment claims.

Unemployment is the fertile field .. "The Work Number" is the cash cow.

TALX bought the company I worked for .. along with many other smaller cost control companies and then TALX was bought by Equifax.

Some people may know of TLX by another name .. UC eXpress. I do believe there is a regional office located in Ohio.

Chris

Apr 20, 2012
help
by: Anonymous

thank you, does having an attorney typically help win appeal cases? i'm so nervous about this all!



I'm typically not a fan of attorneys unless the state requires them when someone pays for representation.

Reason being .. unless the state requires attorneys for unemployment they typically don't accept UI cases, therefore they just don't have the depth of experience non-attorney reps do when they do UI hearings day in and day out for a living.

I'm of the mind that there are few people that could handle their own appeal hearings .. but they are in the a very small minority that can.

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