from job abandonment to misconduct
to make a long story short. I was escorted out of my place of employment and badge/license was retrieved by human resources and security officer. I was told I was off schedule pending review (refusal to do job that I was not scheduled for). I did not hear back until I recieved term. letter citing "abandonment". I recieved U.E. benefits for 5 weeks then they stopped. I asked for appeal, it was denied now they say "misconduct". I had no warnings of misconduct, either verbal or written. I am now waiting the hearing this coming week with an ALJ. I have been doing some research and it appears that my employer has burden of proof. In my first appeal employer lies that I left my badge and walked off job and did not return, for that I now have proof in form of an e-mail between manager and H.R. in which they discussed what happened.
Is there any other advise you can give? I have a large issue being that the H.R. director who keeps appealing my benefits was NOT present, it was another H.R. rep so his testimony is heresay.
Your employer would have the burden of misconduct at an appeal hearing, but you said once your benefits were stopped (probably by a redetermination) that your request for a hearing had been denied, while later on you tell me the HR director who is not a first hand witness keep appealing your benefits.
Objection .. hearsay