I was terminated on 12/11/09, and was denied unemployment. I was discharged for: unauthorized use of company/personal information outside of business requirements and advising a former employee to file a legal complaint against the employer”. I was the HR person, and filed a retaliation complaint against the employer. The information that I used in my complaint was what was used against me. In addition, I never encouraged a previous employee to file a legal complaint against the employer. In fact, this employee was the one threatening to file a legal complaint. Anyways, I filed an EEOC complaint against them.
As a result of my EEOC complaint, my previous employer has agreed (legal agreement written between attorney’s) to not show up for my appeal hearing. In light of that, how will this appeal hearing unfold? What are my chances for getting unemployment?
I would think that you’d be aware, that when an employer doesn’t offer “direct testimony” to counter what a claimant testifies to .. that it is very difficult to sustain the burden that the discharge was for misconduct.
But of course it is not always a “slam dunk” that the claimant will win either. Providing self-disqualifying testimony yourself can do the trick too.
It’s just easier for a claimant to win unemployment hearings when there is nobody to offer contradictory testimony and submit the documentation into the record to support the employer testimony as to why the discharge was for “misconduct”.