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Employer Lies - Or did they just get some advice about the correct focus for their appeal hearing?

non monetary decision says im disqualified because of misconduct, but at the appeals hearing the employer said I quit.





Hi,
Here's a newsflash.

I'm not surprised by your statement .. and I can only respond to what I read.

I'm the one that added the part about the focus of an unemployment appeal hearing.

I used to have this job .. and while performing it, I used to have to tell employer's all the time that what they reported as a discharge for misconduct .. such as no call/no show .. was in fact a voluntary quit.

The only reason I mention this is because it is not unusual for an employer to be made to understand that a no call/no show is not a reason for termination for misconduct .. it is a quit without good cause.

I'll leave out the other numerous ways an employee might be seen to have constructively quit their job which left the employer no other choice than to end the employment relationship.

Would you like to share some facts with us or do you just assume that I or anyone will believe you know what you're talking just because you wrote your employer lied because their testimony differed from the language of the initial determination?

Some employers lie and many claimants tell the truth.

Many employers tell the truth and some claimants lie.

They even tell me lies here on this site .. as if that's going to help them when the truth comes out because I write to what they tell me.

I explain the process and the reasoning used. I try to remain objective.

Once in a while I do lend emotional support to those I believe and empathize with in a bad situation.

A Hearing officer's responsibility is to hear the facts consider the evidence and render a decision on what is said and presented at the hearing by the parties. All the while the hearing officer is also charged with protecting each party's rights to due process.

Each party's responsibility before going to the hearing, should be to consider the truth
when preparing for the hearing and also consider contingencies for the possibility of lies.

The best they can do this is to credibly rebut the lies.

My thought is that the more evidence you bring to the table to prove that it is you telling the truth .. is the best way to discredit a lie or a liar.

Hearing officers are not bound by erroneous determinations issued by the unemployment claims examiner whose examination of the claim is often just cursory. They can amend or modify any part of it.

The first unemployment hearing is a "full blown" factfinder mission. It's the only hearing that counts in my mind.

Yes I want to help unemployment claimants, but I was also good at what I did for a reason.

I have this trait I struggle with very often when answering questions .. I read between the lines and I see discrepancies.

But instead of ripping someone's ass because I think they are lying to me .. I try to keep my comments objective and focused on how unemployment benefits work and what may allow for them to be awarded.

I'd also rather believe that if any person thought long enough about any given situation .. they would eventually have to take a look at what role they played in any unfavorable decision because they didn't fulfill the responsibility they owe to themselves to prepare as best they can.

This is a process used no matter the subject if we are to grow, learn and hopefully, become wiser with age.

Everything we learn today can impact how we make choices and decisions for ourselves going forward into the future when we take something we learn to heart.

This is also the basis for how I respond publicly to people who ask questions .. because I can't help everyone, but I can warn and inform, but then it's up to them to do their own due diligence to learn how they might collect unemployment.

As far as unemployment benefits go .. Your statement is irrelevant until you connect it to something relevant and individual to you.

Comments for Employer Lies - Or did they just get some advice about the correct focus for their appeal hearing?

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Nov 13, 2010
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Partaking in the hearing process
by: Chris - Unemployment-tips

I just want to take a moment to say that it is of utmost importance to prepare for a hearing by not only telling what happened, but examining the oppositions case for weakness. It's often a good place to begin popping holes in their basic argument.

First, if I have the limited information you provided correct and if I were you .. I'd find the money to have a lawyer write a legal brief appealing the hearing officers decision .. they of course would need a recording of the hearing so they could be very clear about what is contained in the record to find valid points for a legitimate appeal of the decision.

It seems to me that a finding of a quit by job abandonment would have to of been supported by the text message sent by your this person and your return message in response to prove that you were aware you still had a job.

For some reason the hearing officer decided that the employer was more credible and persuasive than you ..

I also think that I would have objected on a number of "hearsay" issues or maybe have raised the issue of the text message supposedly sent by the manager to you on cross examination.

And if I had been calling this person and leaving messages with no responses, I would have had a log of the days and times I called or texted.

The ability to rebut effectively, what an employer just testifies to without corroborating evidence, removes the need for the hearing officer to make a "credibility decision".

There is no way I would have just gone to this hearing and told the truth .. if I also had the ability to offer evidence to support my testimony.

Nov 13, 2010
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Statements during hearing
by: Anonymous

During my Appeal hearing the employer stated that I quit my job and went on to explain that I had missed two wks worth of work, so they had to contact home office to see if I was still in the system(which apparently took 2wks) or If I would have to be rehired.....They reported that my last day of work was on March 31. and my next sceduled work day was april 15 and 16, and that's when I did the no show/no call so they had no choice but to terminate my employment. The store Manager and the District manager were both present for the appeals hearing. The store Mgr was the only one that could ask me questions. As she explained the events to the hearing officer she told them that she sent me a text to let me know that I was still in the company's system and I could return to work the hearing officer asked if she had called or left a vm and she answer no but I sent her a blkberry message. She had no proof that she ever sent a text message to my phone and the appeals officer never asked to see a schedule.... When it was my turn to speak I informed the hearing officer that I was fired after calling out of a shift and being informed that there was no one availale to take my shift, I explained to the hearing officer that I followed the correct call out procedure that was in the employee hand book and I never broke any of the company's rules nor did I ever recieve a verbal or written write up, I also let her know that I tried calling on many different occassions to speak with the store mgr and that I was told by another manager that my name was no longer on the schedule. the store mgr never responded to any of my calls or messages that I left...so I felt as thought they were ignoring me playing games. Before the hearing ended the district manager added that I was always late to work and that I had stepped down from being a co-mgr to a assistant manager and was offered a position at another store when they were no longer able to afford me at my rate of pay but I refused to transfer so I had to be put in a sales associate position. she had no proof that I was ever late no time cards or any write ups or warnings. At the end of the hearing the officer informed us that there would be a prenotification on the web site and that read Previous decision will be affirmed no change in benefit so I guess I lost the appeals hearing. I would like to know if the hearing officer takes into consideration that the company told them during the initial statement that I called out of work but did not give a reason so I was discharged for misconduct but at the hearing the employer claims it was a voluntary quit?




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