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My employer lied during my first appeal. Hearing officer would not allow my witness to give full statements.

by Paul

I have just finished my first appeal with Sears. Their reason to deny me unemployment benefits is for "making unauthorized markdowns and price matching inappropriately".

During the hearing, the store operations manager was asked to read from a printed employee handbook. I tried to say there is no employee handbook when it was my turn but the arbitrator stopped me and would not allow me to ask about it. Also, the witness for the store said authorizations at the register are done on a random basis. When I was able to ask about the random authorizations, I was again stopped by the arbitrator. Authorizations are done 100% of the time and the check out process can not go forward without a manager giving an OK for any markdown.

I was told to use a $50 online coupon at the store register to price match our online counterpart. I was not given any specifics about the coupon and the only thing I knew about it was that it was usable on any appliance over $300.

I was fired by loss prevention and not by the managers. My witness which still works at Sears stated he also uses the coupon but now has to show the price online to a manager before the manager authorizes the transaction. This rule started after I left and I was able to get him to say that during the hearing. Also, my witness was constantly interrupted during his testimony and not able to be an effective witness. Part of what he wanted to say was now they are to give a 5% discount to close the sale which is usually more than $50.

When I received the decision, everything we said was taken out of context, turned around, and made me seem to be a thief saying I was being dishonest when I was doing what I was being told.

I will appeal the hearing too the next level and I am able to give new evidence. I just need to know how to word it. Also, I would like to know what I can do about the two people from Sears she committed purjery during the hearing.

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Apr 05, 2015
The next step .. is the same in nearly all states with a few exceptions
by: Chris

The next step is to appeal to a board of review if your state has a board.

Click here for the DOLETA chartbook including how 2nd level UI appeals work by state.)

Then, if a board of review agrees with your written argument as to why the matter should either be remanded back down to the lower appeal authority for a de novo hearing (happens when the hearing decision is vacated), or an additional hearing is ordered so you can admit your vital evidence into the record .. it would be confirmation the board too thinks the hearing officer erred and maybe stomped on your rights to due process during the first hearing.

However, a board is generally not interested in considering new evidence .. but will determine when they listen to the record if that evidence might of been relevant to allow into the record.

At least the next step goes something like that in most states that do have a board of review.

By the way, even I don't see the relevancy of the party .. because unless that person were to testify for you it would be hard to connect as important to the cause for discharge which is time theft, or fraud.

Apr 05, 2015
appeal judge said she wouldnt hear my evidence
by: Anonymous

my employer fired me for suposedly writting down the wrong clock out time. even though i told my employer i was leaving twice and have emails showing i complained to my supervisior that someone was changing my times. the judge would not listen to any of my evidence. even said in the hearing she was not going to look at all my evidence on the recording. i told her it was not my writting, that someone else rewrote the time sheet and even tried to point out that all the writing was the same. i was still ruled against. she rejected all of my attempts to have evidence added to the file. isnt this a violation of my rights to due process? not allowing me to add evidence and even saying she wasnt going to add my evidence to the file on the record? im appealing the decision and even have a witness that says someone else changed the sheet,she thought i was tazking her position. Im in the middle of a workers comp claim( herniated 3 disks while 5 mos pregnant) and a law suit for harassment, retaliation and threats. I would not purposely give my employer a chance to fire me. whats the next step in getting my new evidence added and heard for the next appeal. im willing to get subpoenas and witnesses.

i have another witness that says after i was terminated my supervisor actually had a party. to celebrate getting rid of me....he is one of the defendants in my lawsuit.

Sep 04, 2014
Board appeals. No new evidence is allowed until you show the board you deserve a new hearing.
by: Chris

I cannot tell you how frustrating it is for me to explain over and over what a board appeal is for.

Boards of reviews generally speaking, do not allow a party to present new evidence.

Boards decide, based upon the record of the first hearing, and the points you raise in the written argument to support your appeal, if there is good cause in that record for a reversal of a hearing officer's decision, or the more likely scenario, a new, or additional lower level hearing where you can finally submit the evidence, or explore the testimony you were able to get into the record of the first .. due to hearing officer error.

I do not write board appeal arguments, I can, however, refer you to someone who will listen to that recording of the hearing and can do the legal research and then write the written argument about what the hearing officer did do that made it impossible for you to get a fair shot at winning a lower authority hearing .. for a reasonable fee.

Click here to learn more about the unemployment appeal referral program.

The thing is, without hearing the recording, it would be difficult for someone not in attendance at that hearing to know if your hearing officer screwed up procedurally to in effect, violate a right you have to due process.

And that might, or might not of happened when you were shutdown at any given turn while presenting your case .. procedurally speaking.

Board appeals are more about the rules of procedure and evidence for administrative law hearings than they are about disputing who was at fault for the loss of your job.

Understand the drift here?

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