Terminated for being arrested on the job
I worked at a company for approx 1 year, and missed one day. This was when I was arrested on the job and incarcerated for 24 hrs, making me miss the next day of work for something completely unrelated to said employment. I drove a truck for them and they had to come and get the truck( locally...like 10 miles away) as I was (obviously) not able to return it to the yard.
Initially, based upon the employer's protests and claims about misconduct, I was denied my UI claim. It should be pointed out that the employer claimed their first reason for termination on the denial.
I did, however appeal the decision based upon the fact that what I was arrested for had nothing to do with the job and therefore could not be considered "misconduct connected with the work" as it is called in my state. I even cited the statute in my appeal.
It was a telephone hearing, with me vs. my ex boss, his wife (general manager) and their attorney. As I am not an attorney....I feel there were some points/ questions I should have made/ asked etc, but I did end up winning the appeal.
The ALJ sent his decision and based upon the hearing...in my opinion his judgement and decision was sound and by the law.
Now, The employer is appealing to the Board of Review and I am at the stage where I need to rebut their written argument, in which they state a different reason for termination than was stated on the initial denial.
I realize I am not allowed to bring up any new things that weren't in the transcript of the hearing ( which I, unfortunately never requested)..but they should not be able to either, right? The reason they cited for my termination was NOT stated in the hearing!!!! They now claim I was terminated "due to incarceration".
I even asked my former employer point blank in the hearing why I was let go, and he said it was simply on the advice of the company attorney, nothing more. Nothing to do with my job performance, attendance...anything to do with the job at all. As a matter of fact, he even said that he would re-hire me should I be aquitted in the legal case against me, as I was "A good driver".
I plan on writing a firm rebuttal to their written argument. I believe with the ALJ's decision and the facts of the case I will prevail. I am not at liberty to discuss the charges against me in any way...should that be one of your questions.
What do you think my chances are for affirmation with the Board??