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Denied Unemployment for the state of AL - Misconduct


(Alabama)

I just received notice that my unemployment has been denied for "misconduct" (section 25-4-78(3)a) I had been employed with the company for 2 1/2 years - all with outstanding reviews - I had not been written up, until recently for tardies. I did not have enough tardies so that my occurrences were high enough to qualify for a write up - but stated I had a pattern of of 2 to 3 min. tardies so they wrote me up.


I felt at the time that they were looking for a reason to "get rid" of me...as they have a history of putting people on the "radar" and picking away at them until they are fired. I was worried, and a bit stressed about this.

I was working in a very high stress department, (Financial Aid - for a University) and had talked to human resources about the workload being hard to manage, they then interviewed everyone in the department, and decided to hire more people to lower the "case load" per employee. This was all good, but this also meant they started tracking your work assigned, completed, and error ratio. I did not work as fast as some, but my error ratio was very low. Knowing this was all being monitored had everyone on edge.

I was trying to get as many student's aid packages completed in time for the semester enrollment deadline. I had received a document for a student that had transposed the birthdate field with the sign date field. This was an University document - Not a federal government form - I made the correction to the dates and processed the aid package so the student would be able to enroll.
What I did, in no way was malicious or with evil intent, nor did it effect or change what the student was eligible in Financial Aid. I honestly did not consider it fraud. The next day I was brought into the office of the department director and asked about that form. I honestly admitted to making the correction to the form, they had no other questions. Well, not 15 minutes later I was escorted by security out the door - fired. I was not given a letter of termination.

I filed for unemployment - and was denied. I am going to appeal, and would like your opinion on if you think I can get benefits - and what strategy I should use.





Hi,

I think you also requested a hearing rep to contact you as well about this .. has that happened yet?

I can tell you that if the reason for termination was because you changed the birth date on an unofficial form for student aid and had incurred no other similar type of repetitive mistakes you have the argument that the discharge was due to a one time good faith error made while performing the duties of your job to the best of your ability.

Misconduct is when you do something you should know better than to do.

I thought the same when i first read your brief account .. which I did forward to an unemployment hearing rep.

You should of also received an email from me which lets you know if you need to contact me about the hearing rep .. or you just want to talk .. to reply to it .. and I'll get back to you quickly.

Chris

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May 18, 2020
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Help me understand
by: Anonymous

Hello I was working for a company and they started me off with a high amount payment then after two paychecks the third paycheck look really small compared to the others so I question it to the boss I ask for my paystubs she says to me don't you get direct deposit I say yes but I would like my paystubs for my own records then she tells mey payrate drop to a smaller amount because they don't hire anyone with no certificate more than 8.50 I say to her that's not true because when I was hired I didn't have no certificate she got mad at me because I told her that was illegal to take my pay down and not tell me she got very upset and was like she was done with it I was fired so I applied for unemployment got approved but then I don't get any payments saying it's a outstanding issue on my claim I called and they said the job said it was misconduct which is not true what's next unemployment sent me out a letter I had to send back stating what happened which I did but I haven't heard anything else it's been three weeks now.

Hi,

So, to restate what I got from your account of things: Your employer reduced your pay substantially and without informing you before doing so. Then when you noticed and complained about your direct deposits being smaller, the employer got mad and fired you. Then, they told told the unemployment department you were fired for misconduct after you applied for benefits.

1. This is how unemployment claims often go, at least in my experience they do.
2. How much were you making before your pay rate was reduced to 8.50 for lack of a certification? And was that certification required by the state for you to do the job you were doing without that certification at a lesser rate of pay?
3. How many weeks had you been working at 8.50 before noticing the reduction and going to the employer to ask for copies of your pay stubs?
4. Since the state has now seemingly sent you a "questionnaire" to get your side of the story regarding the cause for your separation as reported by the employer and and how they perceived it to of gone down, can you explain to me what you told the state was the cause of your unemployment when you were applying for benefits .. likely online?


Chris-Unemployment-Tips.com

Jan 08, 2013
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update
by: Anonymous

Thanks Chris. I have hired the rep you suggested and we have an appeal scheduled for Jan 11th 2013. I will let you know what the outcome is.



And I'll be here waiting to hear all about it!

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