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Got Denied and Unemployment Appeal Hearing is Coming Up

by Z in GA
(Georgia )

I was fired on Nov 30 for what I was told by the manager the administrator's finding I left some equipment on over night, over a month ago.


I didn't remember the incident, nor was I written up for at the supposed time the incident occurred.

So I applied for unemployment benefits in GA. I was initially denied benefits.

But after going in today to see my personal file, the only thing in it pertaining to my termination is a letter from my ex boss (who was also forced to resign for covering up sexual harassment) stating I had broke multiple rules, for which there is no documented evidence specific to when, or what rules I broke.

She had told me about some of the allegations found in the letter a week before, but I repeatedly told her they weren't true. I have 3 witnesses to prove my innocence.

Any chance for me winning this appeal. The employer has no evidence whatsoever aside from that letter from the manager that was fired and a nurse's complaint about job responsibilities, that were not mine.

Chris's Response



Hi,

I see a chance, but for me, chance is a gambling term I don't believe is relevant until I actually get to ask those questions about the details that are important for me to know to better assess one's odds of winning.

I can say the chance that popped out at me was related to your boss who was fired.

That at the hearing the employer apparently no longer has access to the direct witness that provided the letter placed in your personnel file .. is a basic weakness everyone should try to avoid, no matter what side of the table one is sitting .. figuratively speaking since GA usually conducts first level tribunal hearings by phone.

Direct testimony is what weights the usefulness of any document at one of these hearings.

If it were me, I'd be considering whether an objection to that letter might be in order as well. Or, if allowed into the record whether objecting to any hearsay testimony connected to it would help me protect the record should that be a procedural error should a board appeal become necessary.

But clearly, you seem worried that the letter has allegation that could if proven to be true, show misconduct.

But then, I would in that case be prepared to rebut by questioning the employer on any
lack of corroborating write-up per their own employer procedures found in an employee handbook for the expected disciplinarian measures and I would definitely make the connection when I was allowed to cross examine the employer witness that they personally didn't have first hand knowledge of any incidents in the letter raising the hearsay issue with their testimony.

I would also point out the lapse of time between any supposed incident before I was actually terminated for it .. whether that occurred before, or after my manager had been fired for what sounds like an egregious act of misconduct as to "cover up" sexual harassment.

Maybe you could also try using the search bar in the upper left and use phrases such as "direct testimony", "direct witness", "hearsay testimony", or even "making objections to see if anything in for other instances of when I addressed how to use rules of procedures to your advantage in previous appeal answers, or an article.

I know you're not the first person to ask, or to whom I've tried to explain more about why it's important to understand and use a state's rules of procedures for administrative law hearings .. which a first level unemployment hearing is just one type, but also includes worker comp issues too.

I do hope those three witnesses are relevant to proving you weren't at fault for the final incident you were discharged for. But the point is .. it's an employer who must prove misconduct occurred. You however, are the rebutting party and in the simplest terms possible, your job is to get every jab and pop the employer's burden .. bubble, water balloon, or however you need to visualize what a burden actually is when it comes to unemployment insurance law.

What you presented to me was the likelihood the employer may have a weak case of misconduct that you could use those weakness to poke holes in the employer's burden ON THE RECORD!

If you don't understand why your argument is to only rebut what the employer is supposed to be required by law to prove then read a definition for work related misconduct?

And for the record .. I'm not touching the questions that popped up in my cynical mind when I read this ..


"the only thing in it pertaining to my termination is a letter from my ex boss (who was also forced to resign for covering up sexual harassment)"

Chris

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Jan 09, 2016
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About my case.
by: Zach

Thank you for your quick response. Also the three witnesses I have are able to show that I did not in fact break any of those rules stated. And my employer (a major Healthcare provider) has the termination policy in the handbook which I went over multiple times and thier three tier write up system was not used. I might state I was employed twice by this company and the first time I don't have one write up. I only left for military. And in my most recent file. I have two write ups. Not pertaining to thier case. One was for failing to go to an in services but I was busy working that day in the kitchen. And the second was for a resident not getting a correct portion of food. Which I also never saw proof of but I signed cause I felt bad that it could have happened if it did on my watch. These write ups where from many months before my termination. Also my old boss where she tried to cover up. Was a coworker had been reported by fellow coworker for sexual misconduct and she did nothing so the coworkers had to go above her. Forcing the administrators hand to offer her to resign or get terminated. The fact also stands that the letter is full of statements from a nurse who has a conflict of interest (being friends with another person I was involved with who has a personal vendetta out for me. Again I appreciate your time.

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