What are my chances on winning and appeal after i've already been granted benefits?`
Ok so i worked for this employer for 7 yrs. Never got promoted cause I have a disability not being able to stand long periods. I always provided a dr note. So my employer finally found a reason to get rid of me. At my job I was able to go in the computer and edit my timeclock. After editing it it was emailed to the manager and supervisor for approval. I guess I made a mistake and gave myself and extra hour, I dont really remember doing it. Anyways they didnt ask for a statement till 2 weeks after the fact. Afterwards I went through and corrected it and they didnt turn me into hr till 2 weeks after that. So they didnt fired me till over a month later. And the girl that wrote a statement on me got promoted to my position the following day. I applied for unemployment and was granted benefits. And now I find out they appealed it after 2 months of recieving benefits. What are my chances of winning the appeal? I talked to unemployment and they said its in my favor cause the investigator said it was and honest mistake and thats why i was granted benefits.
Let we provide some terms used by unemployment people to describe a reason many employers chosse to fire an employee an employee.
An isolated error error.
An error made in good faith.
A one time occurrence of an error made in good faith.
What do all these things have in common.
They lack a willfulness, intention, culpability, repeated negligence of misconduct.
I suppose they called it time theft.
A one time occurrence of a mistake made on a timecard would generally not be enough to prove misconduct.
Additionally, if another employer ever made the same mistake .. and wasn't fired and you could prove that .. the employer would be seen to not uniformly enforce the policy that says termination is called for.
If you have a disability .. and the employer treated you "special" it could also be seen as a form of discriminatory retaliation.
But of course this is all generalization based upon the information I had to go on.