I AM ON MY FIRST APPEAL

by S. H.
(Florida Unemployment Appeal)

I am being denied benefits b/c -The claimant was discharged for allegedly instigating conflict on the job. No information has been submitted which substantiates misconduct.-

I am a collector- we have a small tense office with a girl that causes trouble regularly- I couldn't take it anymore so I fought back- verbally- she walked out- leaving work for the day- she is a friend of the manager
who called the owner and the decision was made to fire me.
Is there a way to defend this so I can get my benefits?






Hi,
Your question raises for me .. who will actually have to defend their actions.

Discharges means the burden of proof belongs to the employer and the problem I see for the employer is that they didn't fire both of you.

Your problem is how you will rebut the burden and make certain the hearing officer believes your version of what happened vs. your employer's version that you were the instigator of the altercation.

How can you do this? Maybe provide emails or any other kind of documentation you created that brought this ongoing problem to the attention of the employer.

No documentation?

Just another reason why I suggest using unemployment hearing reps ..


They're much better than the average bear at picking up on inconsistencies and getting witnesses to snare themselves .. often by asking pointed questions about the inconsistencies during an effective cross examination.

Hearings, when the situation is he said/she said are all about discrediting your opposition.

That's what makes your version of the facts more believable.

Chris



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Apr 24, 2012
Rating
starstarstarstarstar 		not showwing up for an appeal
by: Anonymous

My x boss did not show up for an appeal hearing that he requested. His Attorney was there but the appeal process could not go forward. He will be sent a default letter. Can he re-appeal?


He can try to reopen the matter.
Apr 04, 2012
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starstarstarstarstar 		TO YOUR ANS, CHRIS
by: SHELLY

So is there something I should do?



I don't know, because I was just paying attention to the title I am on my first appeal.

That suggested to me that someone had appealed.
Apr 04, 2012
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starstarstarstarstar 		Great Advice
by: Shelly

Thank you, Chris. Turns out Unemployment office said there was no evidence of misconduct provided by the employer so they approved my application for benefits anyway.




That's what they are supposed to do at the initial level. No proof to support the burden .. give'em the benefits.

However, any party disagreeing the the claims departments initial findings can appeal and whether they had proof or not at the initial level they will get a hearing .. which is not the same as that preemptive initial determination.

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