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Won UC Benefits, Then Employer Appeals


(PA)

A consultant came into the office I had been working at for 6 years,( I have never been written up, no misconducts or no shows) and determined that there was no need for 2 front desk employees, my position was being terminated and informed me she would be replacing me with someone who could be a dental assistant and travel to an office 150 miles away 2 days a week and could also answer the phone if they weren't busy. I offered to just work part time if I could keep my job and was told no.


I filed my unemployment claim and I was approved.

I just got an appeal notice in the mail that my employer was appealing stating that I stopped showing up for work.

However, the day I was terminated, he posted an ad on monster for the job, so he is lying.

I am not sure what will happen next if it will be an in person or phone interview? I have never done this before.

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May 29, 2015
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fired forexpressing my frustrations about the way my employers were treating me
by: Anonymous

Hello,
I was fired via Voice mail, from an office i worked at for 9yrs-
My employers had hired 2 much younger people, who were cheaper to pay and had little to no expirence working as dental assistants,
When these girls were hired, my bosses started cutting my hours and giving those hours to the new staff members,,,
I was very upset, even went to the boss and expressed how betrayed i felt, as i gave them 9yrs of my life,,i was told that the new assistants were more valuable then i was and that they needed these 2 girls-
Well,,that STUNG really bad-
I shared my feelings with a long time co-worker and friend,,via Texts-
She then turned around, showed the boss our private conversation, and the boss fired me via voice mail on a day i dont work-
When i filed for UI benefitS (In Illinois)
My ex employer appealed it, stating he fired me for job related misconduct-
When i explained the situation to the adjudicator she stated my opinions were damaging to my ex employer and that a denial letter will be sent to me 7-10 business days-
Is it against the law to have an opinion and privately share it thru PRIVATE TEXT MESSAGING?
Oh, btw,,
The 1 girl he newly hired was already working my hours the day after i was fired-
Im appealing UI decision right now-
My question is,,,,
Is it legal to fire an employee who uses her own phone on her time to vent about the unfair practices of an employer?
How can this be called work place misconduct?
Is there any laws in Il, that protect the privacy of an employee?
Is it against the law to share an opinion, or vent privately about the way i was treated at work?
How can UI side with the employer and call thisa misconduct?
I did my job well,never had a comaint, or write up, my bosses tried making my job stressful so that id quit, but when i didnt , they used my pricate text communication to fire me-

Jul 17, 2014
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ALJ Hearing.
by: Anonymous

My last day of work was based on a verbal warning by my supervisor stating that she was replacing me that following Monday. She fired me that previous Friday. So come Monday I filed my U.C. When the company got notice from U.E. they tried to say I quit days after they had already fired me. Saying I was a no call no show to escape responsibility & to prevent their U.E. rate from going up. Had my phone interview was with the adjudicator she ruled in my favor because none of this makes any sense to begin with since the supervisor fired me due to 1 customer complaint in 13 months of being employed with company with no write ups or priors.





So, you're telling me your former employer is lying.

But you're also telling me you were not laid off as I was assuming (big mistake for purposes of UI), but fired on Friday for one customer complaint within the last thirteen months. which is new information .. to me at least, but customer complaints nearly always signal a weakness in an employer's burden to prove misconduct and to guard against.

Lying about who moved to end the employment is not an acceptable guard as far as I'm concerned .. Not to mention mention you argue to a lie .. it's harder to argue to the law.

If being fired is what you told the unemployment claims rep, then can you think of anything that will discredit the employer at the hearing when they tell the lie? Do you know what it is the employer told that same claims rep .. if anything?

Go to the Appeal office and get a copy of the state's claim file because it can be very revealing to know how to approach your preparations.

How can I show the no call/no show make no sense?

How can I prove my story, discharged for customer complaints, is the truth of the matter?

How will I show the customer complaint is just that and not an intentional, or willful thing that harmed the employer's interest?

I don't think there is a tougher appeal to win than when you have no documentation, or witness to support your own version of the story.

But an employer has an overwhelming advantage when they choose to lie about things.

You'll find stories from people here, where the employer won because they had "a witness" that told the lie too either out of fear for their own job .. or because they revel in being the boss's lackey.

But it doesn't mean when two offer the same lie as testimony it never weights the lie enough to be found the most credible facts.

Before you go to that hearing make an outline for yourself of the events of that day so you can testify clearly and not forget anything you believe to be a key point that shows the employer is lying.

You will also be afforded the opportunity to cross examine the ER witnesses.

If while they are testifying you think of something you should ask questions about to prove your story is the credible one .. write them down so you can remember to ask while you cross examine them.

And you'll have a right to make a closing statement where you can tie up any loose ends and emphasize you were in fact discharged for something not rising to the level of misconduct and therefore, you had good cause;0 to no call no show on Monday .. because in fact, you were no longer employed there.

Jul 16, 2014
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ALJ Hearing.
by: Anonymous

I personally just went through that & it didn't turn out so good for me. Sometimes we as people can talk ourselves out of things because we're trying to get our point across. My advice to you is listen carefully to the judges questions. Make sure you have representation. Stick to your initial testimony. When cross examined if you're confused about a question just say you don't know. Don't interrupt anyone"especially the judge". Sounds like the company is willing to go at least to nor stage so put your game face on & don't be surprised & don't ever give up. Best of luck!!

Jul 15, 2014
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Answer for Won UC Benefits, Then Employer Appeals
by: Chris

Were you provided with a termination notice? Seems to me that would solve your problem if the "lack of work" box were checked.

I guess I'm wondering if when you were informed your position was going to be eliminated, you were also informed that day would be your last day or whether you just assumed that when told no about keeping your job at least part-time.

Contrary to your assumption that your employer posting an ad for your replacement on Monster the day you were told your position was being eliminated, proves he's lying, I can propose another possibility for why that was done.

Were you informed on the day you were told your position was going to be filled by a multi-tasking replacement that that, would be your last day, or did you assume is was given how you say the conversation went down.

No call/no shows are voluntary quits by job abandonment (VQJA) .. even if you were told your job was being eliminated when a replacement is found.

Just trying to ready you for the only reasoning that makes sense to me at this point for your employer actually appealing what sounds like it should of been a legitimate lack of work claim.

Pennsylvania referee hearings (first level) are typically held in person at a CareerLink office.

Chris

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