My Employer Lied At My Hearing... And I Lost
What a great site, Chris.
I live in Florida- oh yay! My appeal should have been a slam dunk. My boss lied and I proved it using her own evidence and testimony. However, the hearing officer still found in the employer's favor (she had 43 pages of documents/3 witnesses, I had none and none). What?!?! lol...
A little background so as to not overwhelm you (since I already had my hearing and have appealed it and filed my brief):
1) The employer did not bother to respond to the initial request for information, so I was awarded benefits.
2) The employer's appeal letter stated she was requesting an appeal hearing because I got into a verbal argument with a co-worker. When she got on the phone she instead said "insubordinate" like a million times (only a slight exaggeration- ha ha)
3) She presented paperwork as "warnings" then proceeded to basically say most of them were not warnings. My favorite was when she said she wrote me up to give me a raise (she presented my yearly evaluation as a warning- ???).
Anyway, I will be happy to provide more info but I really just have one important question-
The employer also said I broke EVERY company policy (man, I am good!). And I was so insurbordinate all the time (2 1/2 years!!) but never provided a copy of any type of policy. Oh and the icing on the cake? I gave 2 weeks' notice and got fired a week into my notice. I am just baffled.
I appreciate that you like the website! I really do, but your question is an example of why I rarely publish new questions for the blog anymore.
However, I did try and read your story over three times in search of the important question
and never found a question except one asking for my thoughts.
So, here goes that.
I'm sorry you lost the first hearing and have had to submit a written argument to the Florida Unemployment Review Board .. because having to win board appeals just to get, or keep benefits, is what I basically warn against.
The question for me is what do you really want me to think about, that is also relevant to how unemployment might not be working out in your case, without a clue as to any truly pertinent details to jump start my brain on the subject of what makes a valid appeal to a board of review.
I don't have the contents of the hearing referee's decision.
I certainly do not know anything about the referees conduct of the hearing.
I do not know if your brief asked for a reversal, or cited hearing officer procedural errors that might justify a vacate and remand back down to the lower appeal hearing level for a new hearing.
I do not not know if you just argued in that brief for an additional first level hearing in front of the same referee to correct a procedural mistake they might of made so you have the opportunity to properly be allowed to add information to the record.
I don't know if your only argument was to say the hearing officer abused his/her wide discretion to determine who was lying and who was credible and telling the truth, merely because you tell me you think you proved the employer was lying.
I'm not trying to be rude .. I'm just want you to "stick to the fact of the case ma'am" and not force me to ask for information so I can avoid making assumptions influenced by the passive aggressive comments .. and simply focus my thoughts on what really happened at the hearing that may justify that board appeal argument .. which I'm clearly, clueless as to it's content.