Unemployment Phone Appeal Hearings – Will You Be Credible or Discredited
(Texas Unemployment Phone Hearing)
I was recently approved for benefits, but my employer is now requesting an appeal.
My question is regarding the variations to the facts surrounding the same reason I had discussed with the TWC.
Can she win if she gets employees who are scared to lose their job to testify against me???
I was approached by a fellow employee who was threatening me and cursing at me.
I didn’t respond to her, but ignored her and we were both sent home and then two days later, fired. I had never been written up before this, nor had any prior warnings.
I’m only worried that she will get employees to lie for her.
Also, when we have our hearing, can both parties hear what the other is saying?
Hi Anonymous I’m turning your comment into a question and answer unto itself.
Your comment, like many have in the past, clutter up the answers I’ve provided over the years. Hope you find this.
I’m not sure how many unemployment claimants realize this, but the most common way a person loses benefits and winds up having to repay any benefits received .. is because their former employer appealed the fact they were allowed to receive benefits.
So, I am going to attempt to break down your story to show how the weaknesses you’re asking about could potentially play out against you when you finally appear at that Texas (TWC) unemployment phone hearing.
Additionally, this will be minus the sympathy I’ve shown in the past, thousands of times in these here Q&A’s, because it requires an ASSUMPTION.
I assumed an anonymous person had no reason to tell me anything other than the truth, if they were concerned about finding legitimacy of valid, law-focused, merits for an appeal.
My assumption is now something I see as one of my bigger mistakes as a website building novice and not to mention .. a lousy writer. It is in fact, sometimes a disservice to what is most important to me, or anyone seeking the justice they deserve, based on truth and merits.
To answer your questions though ..
1. Of course everyone gets to hear and see what the other parties have to say and submit into evidence. How else can one party to an appeal cross examine the other which may include their witnesses, who you may also need to discredit via a cross examination by asking relevant questions based upon what they offered while testifying.
First level tribunal unemployment appeal hearings are frequently held by phone and the only hearing where you get to address the issue, or the reason for separation and ensure a truth, also becomes the credible facts but conference calls these days are common place .. and so are rules of administrative procedures instructing you to how to treat documents and other evidence before the hearing. Hearing instructions, however, can’t teach you how to make objections on the record to protect your rights to due process during the hearing.
2. If your former employer brings shaking in their boots witnesses, willing to lie to protect their job .. you’re probably in trouble sister .. or is it brother.
Two people with different versions of the same workplace incident, becomes he said/she said, leaving it up to the hearing officer to determine who offered the most credible sounding testimony. However, when one party brings witnesses and they relate the same story .. they are corroborating and weighting the story with credibility. If the additional stories are in fact lies, then it falls to you, the unemployment claimant .. or employer, to speculate in advance about ways you might be able to discredit the liars. You might luck out while you’re practicing for the first time how to effectively cross examine and expose a lie.
Maybe a brave witness of your own? .. I don’t know, you only told me you were confronted and cursed at by a co-worker and simply walked away.
And finally ..
3. Your story might be true .. it might not. However, if you did engage and witnesses, lying or not testify to create a fact, the two of you somehow managed to cause a scene also deemed to be misconduct due to inappropriate conduct in the workplace .. it’s time to accept responsibility for your job loss and your inability to win an unemployment hearing whether guilty, or not.
I also know there are employers in this world not above coercing employees into helping them win unemployment hearings .. but that is the employee victim mentality in action and betraying employee rights everywhere to work without fearing employer retaliation.
But the thing is .. as this stands now, with you not knowing if she will bring witnesses and me not hearing your voice to know if you told me the truth .. it is your credibility in question at this hearing .. and discrediting an employee isn’t always a hard thing for an employer to do when it’s he said/she said .. because it’s the third party at the hearing who is given the wide discretion to determine whose story made the most sense and soundest the truest.