Employer lied/appealing/thoughts??

by Ty
(GA)

I was fired from a job that I held for 2 years. The supervisor told me to leave, and I did. I filed for unemployment benefits and just received a letter that I was disqualified. The reason: insubordination to supervisor. Never been in any type of trouble, never been written up and no days missed besides vacation time.


The state of GA requires a separation letter within 3 days. Didn't receive nothing. Had phone interview on 18 June.

Received an email from employer on 20 June with termination letter stating I quit, job abandonment. I received the decision letter the very next day stating otherwise.

The separation letter is also dated 20 June, an entire month after my job ended. What do you think my chances of winning are?


Hi Ty,

This could potentially be a winnable appeal hearing. However, my thoughts about that could also be potentially changed, by what I don't know .. because didn't tell me about the situation preceding your supervisor telling you to leave.

I am assuming of course, that when you filed for unemployment you checked the cause of separation as a discharge, which as anyone should know, I think is important to know because it's how you establish if the burden is that of an employer proving fault for a discharge, or the claimants as to why a voluntary quit was the fault of the employer.

Knowing who should be assigned the burden, also suggests who the unemployment claim adjudicator may of called first, to conduct the eligibility interviews and gather all the available info they can .. as that relates to the relevant details surrounding the cause for a separation to adjudicate a finding.

That your initial determination cites misconduct as the reason for the denial .. is what forced me to assume the employer may have either responded to the notice of claim filed that insubordination was the cause for discharge, or when they were answering questions during the interview, those answer made the claim adjudicator to think a voluntarily quit by job abandonment was not the correct response .. given what he/she was being told by the moving party,

I was unaware Georgia had a service letter law, that requires an employer to provide a termination notice within three days. If you have a link to this rather rare state requirement in Georgia, I'd like to read it. Up until now, I thought Missouri stood alone to require a termination notice or letter be given to an employee.

Back to thinking about your case.

It's the date of the email you received from the employer, I think may in fact be of use, should you have a case worth appealing on the issue of misconduct. I say this because of
the determination which clearly disagreed with the employers notice sent to you.

Add to that, it was an email from the employer, contending you voluntarily quit by job abandonment a month after facts are usually established for use with an unemployment claim.

I think it's possible you may have something to work with here .. vs only letting the employer use what they know to use .. to work claimants over at hearings.

You tell me your employer is lying. I'll take your word for that.

Maybe your boss has some alternative plan of action for that email, I'm not familiar with, because arguing a VQJA was the case, after the department ruled a discharge for insubordination .. would logically make me think the employer may not of responded initially, or partake in an eligibility interview.

A Voluntary Quit by Job Abandonment is when someone doesn't call in, or show up to work by choice, and generally for more than one day.

A DCI - Discharge for Insubordination is, either something so egregious no warning is necessary, of it's refusing to follow a direct and reasonable directive from a business owner or .. another employee acting on behalf of a company with the authority to direct and control subordinate employees actions while at work ..and always, in the best interest of the employer.

Here's something to think about when it comes to unemployment hearings that seem they will depend on mostly verbal testimony to sway a hearing officer.

One simple document, or even a simple mistake made in the document .. can make a difference if it can somehow be used to weight one's own testimony as being more credible .. or acts, to discredit another's testimony.

According to you, "Never been in any type of trouble, never been written up and no days missed besides vacation time."

That's good but the question is whether it's a safe assumption, since you asked a question, and bothered to mention that email/document (which does strike me as possibly having potential for you winning .. somehow), that you also believe you were not being insubordinate when you were told to leave work .. and assumed that meant you were fired.

If the above is true .. regardless of what I think of your chances .. know that I'd be appealing your case if my own .. on principle alone .. especially if my former supervisor was a hothead.


Let me know if you need a free eval with a competent UI hearing rep for a Georgia unemployment hearing, because a free eval by phone, puts you and the rep in a better position, to gauge your chances of winning a hearing on the merits of your case .. should you choose to be represented.

Chris


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Jun 22, 2019
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Appeal/GA
by: Anonymous

Chris, thank you so much for your quick reply. Really gave me a lot to think about.on the day in question, we were very undermanned. Supervisor always goes off the handle, but most just deal with it. The job...a chicken plant so u know how stressful that can be. I was in live hang,even more stressful especially if people called in. This supervisor has came to my house because i complained about my overtime not being put in. After that, I found out I was no longer lead about 2 weeks later, and only because I couldn't clock in at the normal time. No paperwork, nothing. They decreased my pay, no paperwork, nothing, not even a conversation as to why. Very bad place to work. When I had the phone interview, he told me what the supervisor stated and that is what the decision was made on I guess. But if we are just receiving it i am pretty sure the DIL didn't receive it at all. The name of the form is DOL 8000.


Hi again,

When someone tells me they were not receiving overtime wages, or that their employer retaliated against them for taking issue with not being paid overtime, such as you were, I tell them they might want to think about opening a wage claim, so the state, or federal DOL (if a state doesn't have it's own DOL) can investigate the overtime issue .. as well as the issue of retaliation.

Although I think official complaints are best to make while one is still employed, sometimes after the fact, it can be a strategic thing to do .. that may once in a great while, dissuade and employer from attending any unemployment hearing, if they know about the complaint .. before the hearing.

Sorry I don't know what it must be like to work in a chicken plant, let alone do a job in one called "live hang".
The best I can do to imagine it as being beyond my worse experience, is to remember how I feel about cleaning out our chicken coop, which only holds six chickens that stopped laying eggs for us:) It's beyond gross...


All the best,
Chris

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