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I got fired because I complained about over weight loads

by D.M.
(Texas)

I called in 15 minutes late for my hearing and the representative denied my claim.


I appealed again because I was at work but in her comments, she said it was not a good enough reason. I am appealing again because the employer witness lied and employer said I was termination for misconduct.

I can prove the witness was lying and I recorded the whole meeting and it states the reason why I was fired. An unemployment worker told me that because I was late, I ‘m going to lose anyway. Is this true?


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Oct 21, 2014
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What you're telling me is very unclear as to where you are exactly in the appeal process and what your plan is.
by: Chris

This make it's difficult to even answer the only question you did ask.

"An unemployment worker told me that because I was late, I ‘m going to lose anyway. Is this true?"

How the heck do I know if it's true .. without know detailed circumstances to form an opinion?


And I really detest feeling forced into speculating about what someone may of left out which turns an answer into a guess .. albeit more informed than the guesses most claimants make about procedural rules.

1. You were initially denied benefits.
2. You appealed.
3. You received the notice of hearing and a packet consisting of your state unemployment claim file.
4. You were 15 minutes late calling in for the hearing because you now have a new job and were not allowed to participate, nor knew you should make a request for a continuance .. which admittedly, would of been difficult at that moment.

4. Now your plan is to appeal and dispute the finding of facts instead of the reason being used to deny you to put anything on the record.

Hello D.M. .. if good cause for a continuance request due to a new job can be good cause .. so might that due to that job, you weren't able to break at the appropriate time to call in for that hearing as per the instructions.

Additionally the recording might actually be allowed into the unemployment hearing record. At least I know I asked google if Texas is a one party consent state.

But then submitting it for the hearing is something you have to do prior to a hearing in states like Texas that routinely hold all first level unemployment appeal hearings ..by phone.

And evidence of any kind also has to get to the opposing party in time for the hearing as well, or you have just handed them good cause for requesting the hearing to be continued until a day and time they have received .. and reviewed it's impact on their case.

Chris

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