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Is there hope for an unemployment appeal in Virginia?

by Anonymous
(Virginia)

Two years ago, on four occasions within a two week period I was late. On two of those occasions I overslept and did not notify my supervisor. On the other two occasions I was a few mins late and notified my supervisor.


I was homeless at the time and sleeping in my car. On the two mornings I didn’t contact my supervisor I had overslept from trying to find someplace safe & close to the job to sleep (so that I would not be late).
It was hard because the poorer areas (right around the job) have a very high crime rate and the people that live in the more affluent areas are likely to call the police if they see a strange car parked in their neighborhood. I also didn’t want to get into trouble for getting caught sleeping in my car.

I was placed on Final Warning due to attendance issues stemming from these incidents.

Due to embarrassment, I didn’t immediately make my situation known. The reasons for my tardiness became known to my supervisor after I received the warning, but well before my termination. At one point I asked my supervisor about the possibility of an alternate schedule. My schedule could not be changed due to business hours.

After that I got my housing situation straightened out. I subscribed to traffic text alerts and listened to highway advisory radio every morning.
Well over a year lapsed without any major incidences.

Then one week my car battery died and I was late to work.

Two weeks later, although I left early, I was a few mins late due to inclement weather.

The third and final incident, two days later, was due to an accident that had four lanes of the interstate blocked. That morning there were no traffic text alerts or notices on the state radio station about this accident (I’m presuming the accident was too new).

The person that made the decision to fire me did/does not know why I was late, only that I was late.

I am certain the reasons provided for my tardiness were not documented, only that I was late.

Other co-workers were late, but nothing was done because they were salaried (or they were hourly, but didn’t work at the front desk).

Although I tried to present just the bare facts during my 1st hearing, the interviewer would not let me complete about 1/3 of my sentences. I was disqualified for misconduct - excessive tardiness in known violation of a company rule. My employer documented all write-ups.

I don’t want to collect unemployment. I would rather be working, but am having difficulty finding a job and plan to appeal.

Any hope for a win during 1st appeal??






Hi Anonymous,

The first "appeal" is generally the only hope.

Let's just put the VA "factfinder behind us. Most states do not conduct two party factfinders, which is nothing more than "adjudicator interview for the majority of states.

You've asked the wrong question of the wrong person .. because if there is one iota of hope you can usually find me all over it:)

So let me tell you what I have assumed .. first.

That you did follow the employer's call-off procedure for all of these most recent incidents of lateness (I've assumed so because you subscribed to "text alerts")

Now let me caution you about the state you live in. Virginia is one of the more stingy states when it comes to giving unemployment.

I'm also going to disregard the occurrences of two years ago.

Preface

You made effort to avoid being late .. you subscribed to traffic text alerts.

1. The Battery. Do you have a witness? A neighbor who gave you a jump? A receipt for a new battery? Something to show you had AAA or some other outfit help you get back on the road?

2. A weather report or something to show that the weather was inclement enough to make you late that day .. despite leaving early for work.

3. An old news article or state highway dept. report on the accident and the ensuing traffic jam?

What's the point of all this? Presenting evidence that the tardiness was beyond your control on all three counts. That there could be no misconduct when your control over the circumstances cannot be established. It is for this reason that people discharged after being gone from work due to illness often get the benefits.

Testimony backed up by something to support testimony is a winning combination when combined with a valid argument.

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May 19, 2016
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I was trying to be polite, but also the max weekly beneift in Virgnia is stingy, stingy, stingy as compared to other states
by: Chris - Unemployment-Tips.com

And I was also referring to the fact that even before the recession, Virginia was one of the most employer friendly states in the country .. if anyone wants to bother checking unemployment benefit recipiency rates, year by year and state by state.

You can literally see in which states it's become more difficult for unemployed people to get benefits.

Pretty much all of them.

May 19, 2016
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Virginia unemployment
by: Anonymous

Virginia is one of the more stingy states for unemployment claims?

I would say that Virginia is the most corrupt state in the Union for unemployment claims, because it does not hold its appeals examiners accountable whenever they partially side with the employers regardless of how much evidence a claimant presents in support of his or her own side of the facts.

I recently got shafted by one of these appeals examiners after my former employer told one lie after the other at the appeals hearing. I requested a postponement beforehand, but these bozos insisted that I had to have the appeals hearing on April 27, 2016; and it was an appeal of a Deputy examiner's determination that I qualified for benefits.

Now I find out that this appeals examiner is supposed to be an attorney, but she is not even licensed to practice law in the state of Virginia. I will appeal this matter to the Special Examiner. However, I am so furious about it that I am strongly considering outing my former employer on YouTube for sabotaging my unemployment claim.

I'm also considering outing the appeals examiner too. I'm not worried about being sued for slander, because they have taken just about everything away from me that they can take; and it isn't slander whenever someone tells the truth in a public forum.

The last time I appealed an adverse decision by an appeals examiner, the Special Examiner reversed her decision. However, nobody should have to go through this whole madness. I also found out that the oath to tell the truth that appeals examiners take at the appeals hearing are of no value, because they never prosecute employers for lying. It's a whole sham. Then again, Virginia is the most corrupt state in the Union right up there with New York and California. I should know, because I lived in those other two states too.

Nov 15, 2009
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Wish me luck!
by: Anonymous

Wish me luck! I'm gonna try as best I can to pull my case together and post the results of the appeal here. Thanks again for the help.


I wish you lots of luck. By the way, did you check out the Virginia Precedent Decision Manual?

I don't think I provided the link before and I apologize. It never hurts to see how a state decides issues and you may find some useful information while reading relevant decisions that can help you how to present your case.

Nov 12, 2009
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Thanks!
by: Anonymous

I kept the receipt from the day I had my battery changed. I can probably dig up an old weather report, but I am running into a small problem. I emailed VDOT to get an incident report and was referred to the police dept. I've replied to let the employee know that I was not involved in the accident and have not received a reply since, even though I have requested a response twice. This leads me to believe that they may not keep records of accidents they respond to. I will try to follow up in person, but I may be out of luck...



If you are out of luck .. testimony will have to do. But since you have been denied .. it is worth the effort .. Hearing officer's are given quite a bit of latitude in judging credibility when there no hard evidence to support what it is said.

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