Will I get unemployment back pay in Kansas since my employer didn't show for the hearing?

by Kelsey
( Kansas Unemployment Benefits)

I was fired in June, denied unemployment. I filed for an appeal and just had my trial today. My employer did not show up for the telephone hearing. I have 2 questions: Since they did not appear does that automatically approve me? Second, will I receive all of my back pay for the weeks I've claimed if I get a job prior to approval of my benefits?




Hi Kelsey,

That's not the way appeals works. I won't tell you that it isn't easier to win an appeal hearing when the opposition doesn't show, but plenty of people still manage to somehow self disqualify themselves .. sometimes all over again.

And, just because the employer didn't show .. doesn't mean they won't try to reopen the case if they have good cause for the non-appearance.

Unemployment appeals hearings are part of the appeal process and employers that use companies such as the one I used to work for to respond to claims and get things ready for the appeal hearing .. no all the tricks of the trade based on those rules.

However, if you did win .. and I hope you did if you deserved the benefits .. you will get the backpay for the weeks you were denied as long as you kept filing for benefits in each of those weeks.

Chris
Like my FaceBook page .. please. I'm told it's good for business .. even if I can't think of what to share there:)



Comments for Will I get unemployment back pay in Kansas since my employer didn't show for the hearing?

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Mar 09, 2018
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For: *Kansas.....Fired for making an "inappropriate and unprofessional" comment-KS
by: Chris - Unemployment-Tips.com

Although I'm not sure which, of your last two comments, you are hoping I will take seriously, but I can directly answer with what I know is your next step.

I agree, if you disagree with any denial, you should write
an appeal letter to the initial non-monetary determination (non-monetary general usually means an eligibility issue which is specific to the cause of separation and based upon only the "available information" about the cause for separation).

It's why I mentioned to you specifically, so you could research it, the import of Kansas's "complete separation info" issue.

I used to have to withdraw employer appeals .. because of that issue .. and so they might avoid a hearing officer, not above shaming a party for their failure to provide complete information including possibly, a bona fide HR investigation to prove their burden of misconduct.

And as far as your accusation, which unequivocally implies I was intentionally rude for the purpose of shaming you, let me assure you my bluntness wasn't caused by you not knowing anything about this new process, which I know can literally be a steep and quick learning curve for most people, but because I tend to be blunt and damn it, have expectations if someone opts to ask a question, they've read more than just the one question, they make the comment on.

Fact is, you asked a question about something I know is not a peculiar situation.

But I can't tell you what I think you should do .. unless you offer pertinent "details" to help me evaluate and then offer some tips about steps leading to an better way to rebut the EMPLOYER'S burden of proof, since they are the party that must prove you were discharged for inappropriate and unprofessional conduct in the workplace.

And you're right, I cannot refer anyone with a Kansas appeal hearing, to an unemployment advocate (which in my experience is an independent non-attorney UI hearing rep who cut their teeth working for employers), because Kansas, for purposes of Tribunal (lower level) appeal hearings, the state's rules of procedure for administrative law hearings, require an attorney.

But once in a blue moon I coach people from Kansas to acquire complete information and details .. if they happen to take a chance that I'm worth the fifty bucks I charge for coaching.

Mar 09, 2018
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Kansas.....Fired for making an "inappropriate and unprofessional" comment-KS
by: Anonymous

Hello Chris,

I will be honest with you+I didn't clearly follow what you were saying, I'm new to the unemployment process, hence why I asked if you could simplify what you were saying. I was not trying to give you a hard time, though, I wasn't expecting to be shamed for asking either. I apologize if what I said was taken out of context...

I called the UI office and was informed I had been denied(I was terminated for misconduct; I violated a company policy I was aware of-is the reasoning given) I'm assuming you already knew that happens in the process? The rep I spoke with advised I can file an appeal. My question for you is: what is my next step? And I had read about an advocate? I know I continue to ask questions, I really need some direction in this. Thanks!

Mar 07, 2018
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Kansas.....Fired for making an "inappropriate and unprofessional" comment
by: Anonymous

I apologize for even asking for your advice. There was no need to be rude or nasty. I won't waste anymore of your time. Thank you for your initial response.

Mar 07, 2018
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Kansas.....Fired for making an "inappropriate and unprofessional" comment-KS
by: Anonymous

So in lamens terms you are saying?




Seriously, how much more layman do you want me to be, and about what,in particular?

Explain to me what you don't understand, whether that be the point I was trying to make that your employer has the burden to prove your guilt of misconduct .. or as I mentioned, that Kansas has an unemployment statute requiring an party to provide complete information at the initial claim level.

And when they don't provide complete info initially, they are literally risking the ability, to credibly prove your guilt as fact. Or in simpler terms, the burden that your behavior was inappropriate conduct in the workplace.

What's inappropriate, or unprofessional behavior?

Well it's usually something reasonable people, know they shouldn't do at work ..

If you were guilty of this type of behavior, the problem for the employer would be that the state of Kansas, usually doesn't allow evidence in existence during the initial claim level .. to be submitted later on, into the record of a lower level appeal hearing later.

It's literally a statute, to get employers to respond to claims, not only timely, but completely, when the notice of claim filed is sent by the state.

Layman terms?

Oh my,

Chris

Mar 02, 2018
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For: Kansas.....Fired for making an "inappropriate and unprofessional" comment-KS
by: Chris - Unemployment-Tips.com

What I hope you remember while you wait for the initial non-monetary claim determination, is the burden of proof, guilt of your misconduct, belongs only to the employer at this time .. not you.

Here's my opinion about the flimsy burden you explained to me, flying at an appeal hearing .. and in Kansas, ta-boot, where not providing complete separation information at the initial letter, procedurally disables employers, and sometimes claimants, from trying to submit the completed information for an appeal hearing to complete the picture .. so to speak.

A thorough investigation into the allegation you said/did something should be a natural step for some HR professional, I would think, if they not only want to prove guilt for a discharge for inappropriate conduct (DCIC) in the workplace, just to deny unemployment benefits .. but ward off any potential future EEOC complaint from a volunteer, or settlement to an employee of another business that the employer is now allegedly saying complained about your behavior in the first place .. when they correctly didn't even offer the name to ward off any potential retaliation on your part (Just in case the complainer was real)

All I can really say for sure, is what happened thus far to you, as it relates to the employer's behavior, sounds par for the course, if what I witnessed over the years in other DCIC cases.. means anything now.

Mar 02, 2018
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Kansas.....Fired for making an "inappropriate and unprofessional" comment-KS
by: Anonymous

Hello,

I am writing because I have a rather peculiar situation: I worked at a Clinic for clinical trials, and was fired 2/12/18 by my clinic director, who stated (and I quote) "it was reported to us that you said something inappropriate and unprofessional to a volunteer". Confused and concerned, because I ALWAYS maintain professionalism and this has never occurred!!!not!-I have been a nurse and in the medical field for 12 years!!!!!!! I asked what was it I supposedly said and when did I supposedly say it? She responded with " I am unable to disclose that information", you have been terminated". I am still confused to this very day about this.

Fast forward to 2/28/18-I have my telephone interview with the KS unemployment. The rep was very nice and informative. She asked several questions and I answered them. She asked when did the final incident occur that led to my termination. I advised her there had never been any incidents, no disciplinary actions-verbal or written b/c this has NEVER occurred. The termination came out of no where and with no reasonable explanation.
The rep then advises me she received an akward explanation from the employer stating I was terminated because I "exchanged personal information with a volunteer" and listed the name of the "volunteer"........however the name they listed is the name of the pharmaceutical company we doing the trial for. We both could not understand why? Even she admitted this didn't make any sense; their reason is totally different from mine; they sent her incomplete information and she would have to reach out to them for a rebuttal and I should know something within 10 days. I'm totally confused, and outraged that they would even attempt to slander me with false information! Needless to say I am waiting and am not for sure how this goes and works.......help please!

Nov 30, 2011
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Backpay
by: Kelsey

Will I still receive back pay if I become employed before the unemployment benefits are approved? For example, say I get hired tomorrow, and they don't approve me until next week, will I get the money for the weeks I've already claimed?





Yes you will, because it's backpay for when you were unemployed and not receiving any benefits.

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