I won my initial UI claim as well as the lower level appeal.Now my former employer has appealed to the board.Will this go in my favor once again?
( Maryland Unemployment Benefits)
I won my initial unemployment claim as well as the lower level Maryland unemployment appeal hearing. Now my former employer has appealed to the board. Will this go in my favor once again?
I worked in a call center for four years. I was fired for leaving three hours early (I had permission from the supervisor but the general manager fired me).
On this particular day, school was released early due to extreme heat and all after school activities were canceled as well (I have two small kids 8 & 6 whom I had to leave to pick up from school).
At 9am I informed my supervisor that I would attempt to make arrangements to have someone get them, but I would have to leave at 11:15 if I couldn't.
When I came back from my break unable to do so I was given the okay to leave.
I came in and worked the following day, I was fired 15 minutes before my shift ended.
First my employer said I left without advance notice (two weeks) but how do I notify you of an emergency?
Then the general manager said I walked off the job without getting permission. Employer submitted numerous bogus write ups none with my signature and said I refused to sign (I refused to sign two the others I had never seen)
I won my claim, they appealed and I won the appeal as well.
Now they are appealing to the board.
What are my chances of winning with the board?
The question is contingent upon what the employer has based their board appeal on. Do you know what that might be?
Nonetheless, here's just my opinion based upon what you told me.
Clearly, they must have been in attendance at the lower level hearing, so I assume they have no grounds for a remand based upon not
receiving the hearing notice.
Clearly, according to you, they were willing to lie, going so far as to forge documents after the fact. Not good for their credibility, which the hearing officer is given wide discretion to judge and for which most boards would have to determine based upon hearing the recording of the hearing themselves.
Clearly, they tried to build a case for misconduct to support firing you for an unforeseen emergency that was clearly beyond your control.
In my former life, If I had seen the same things from my cubicle where I could see both sides due to state documentation, I would have advised a withdrawal of the appeal before I spent the time, money and energy getting everything together for the hearing .. for the employer.
If I had suspected that the write-ups had been forged after the fact, (and trust me, I've seen my share of suspicious documentation) I would of pushed even harder for the permission to withdraw the appeal, even if I had to step on the toes of an insistent general manager by going over their head .. usually an HR person.
And finally, I know without a doubt, the circumstances surrounding your discharge would be a bad case for any employer .. even if you were on a legitimate final warning for attendance.
Circumstances beyond a person's control are just that and employers are well advised to wait for the appropriate incident .. if they plan on having a snowballs chance at being able to win by presenting legitimate evidence for legitimate misconduct at a hearing.
I think, based upon the final incident that caused the employer to discharge you, the employer's chances for winning on appeal to the board .. suck.
The only thing that worries me .. is that I don't know on what grounds they have based their appeal to the board.