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Employer was a no show at my 1st appeal hearing.

by terrie
(mphs, tn)

Hi. On dec 7 09, I went to work sick and during that morning started feeling much worse. I spoke with my charge nurse (manager) explaining how terrible i felt and asked if i could go home after i completed my surgical case. To make a long story short, my manager gave me permission, witnessed me signing out with the proper hospital codes for leaving with permission (HR) and she also told me to sign out with NL - meaning no lunch taken.

The very next morning my supervisor terminated me, saying i left without permission and by signing HR, i falsified a legal document and terminated me to my surprise. She also did not have the manager who gave me permission to leave at my meeting with her.

I filed for unemployment and explained to the UE rep, that my separation form was oddly blank (it had no reason for discharge) and the human resource person that was in the termination meeting with me and my supervisor, was not on my seperation form as a 1st hand witness, but another woman i'd never met.

I recieved my letter of denial from the UE office, but it had different reasons for my termination. So, i definitely appealed. Almost 3 1/2 months later, I get my appeal hearing on march 26 2010. While waiting for my employer to show, the UE officer let me read through everything they submitted- I was blown away! I now had 3 more additional reasons for being terminated and made-up write-ups in my file.

I was so upset and unprepared for this. I came to my appeal hearing to address the reason I was given for my termination. After about 19mins, my employer didn't show up, but the UE officer still took my sworn statement, and only addressed what I was told was my reason for termination.

I apologize for such a long post, but I wanted to give you a glimpse of the nightmare i'm in. Do you believe I have a chance of winning my appeal? I was told, with the employer a no-show, you win, because they must show a burden of proof. There was a suspicious written statement from the manager, saying she didn't give me permission to go home. The UE stated on recording, that the statement was unlegible and he had no way of knowing if this was actually written by said person ( it was hastily scribbled on typing paper and photocopied). Please help! Believe it or not, I've still left out so much, but with what i've told you, can i win?

Hi Terrie,

Yes, you might win because all the hearing officer had was your testimony. Those documents should not have much effect on the decision because documents carry little weight without accompanying first hand testimony.

If you do get a reversal .. and you should if those written warnings did not have your signature on them .. BE CAREFUL.

I cannot tell you how often employers fail to show at hearings .. only to request the hearing be reopened for some reason or another.

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Mar 28, 2010
Employer a no show at 1st appeal hearing.
by: Terrie

Hi again and thank you so much for responding so quickly. I'm still so worried. I've been feeling like the UE officer was questioning me as if he was the attorney for my no-show employer.

I didn't feel like the UE officer was on my side. He asked if i considered my jobs sign in sheet a legal document, which i thought wasn't appropriate for him to ask me that. He even acknowledged a statement from my manager, that he had stated on recording as unlegible and questionable. He asked me, "I have a statement here from your manager saying she told you that you could not leave. So it seems that your supervisor and manager told you not to go, but you left this correct?" ..I was shocked by that, but I answered in the best way I could.

I guess I left with a feeling that I could've did better and also feeling as if i had to show a burden of proof; when the tribunal personnel told me that my job had to.

Does this line of questioning seem odd? And if so, should I file a complaint before a decision is made?

You also stated that I should be careful about the 3 write-ups i had in my file. One had my signature (but write-up was altered), the other 2 do not. What exactly should i be careful about? The UE officer did not ask or acknowledge anything concerning the other reasons they gave for my termination. He only asked about the reason I stated I was terminated for (falsifying a legal document). Is it not true, that you can only appeal what was discussed in the 1st appeal?

I'm truly hoping i win in appeal and will keep you posted.

Thank you again

Please understand that anything I tell you amounts to Monday morning quarterbacking and is based on what you wrote. The rest is just based on what I would expect to happen.

You need the decision to do anything further .. it would be the appeal that references the "procedural mistakes of the hearing officer".

I've got to tell you that unemployment initial determinations and hearing decisions of late are even a little baffling to me. There seems to be an effort to deny people benefits sometimes .. instead of what should be expected .. adherence to the procedural rules and an attitude of impartiality.

If you'd like you can come back and tell me what the decision states .. I might be able to help you understand better then.

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