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My employer is challenging my unemployment claim!!!?
After a year and a half at a dental office doing the front desk, I was fired after an important and influential patient cancelled his appt. by email, and I didn't see it before I left work the day before his appt. He sent it at 4:15 p.m., I left at 5:00 p.m., read it the day of his appt at 7 a.m. (his appt was supposed to be at 8). He had already confirmed his appt. by email earlier in the week, and at the last minute got confused and seeing I didn't answer his email, he didn't show up at his appt. the next day. My boss got very angry that I hadn't read my email before leaving for the day but I maintain the guy should have called because we were still open and he instead relied on email. I am sorry it happened, but I had no control over it, and he fired me that evening (he sent me home that morning and told me to think about what I wanted to do and he would think about what he wanted to do). He called me that evening and said he thought it best that I did not return as he felt he had to be more involved in administrative matters than he wanted to be, and it wasn't a good fit. I can accept all that because it wasn't a good fit. Well now that I've been unemployed for a month and been unable to find anything, I filed for unemployment and he's contesting it, saying I was not fired but let go for misconduct! I've never ever had anyone cast that kind of aspersion on me, and I'm livid, and now have to have a hearing with unemployment in Sept. before they decide if I'm eligible for unemployment. How do I handle this? I'm allowed to obtain legal representation for this hearing (done telephonically) and also allowed to have witnesses. Please help me: I can't afford an attorney and don't know what to do. This has really knocked the wind out of me.
6 Answers
- moviemavenLv 51 decade agoFavorite Answer
Employers often file an appeal so their UI taxes do not increase. A lot of times they do not show up & it will get ruled in your favor. Do not stress out.
There are a few questions you need to review as you prepare for the hearing:
1) Do you have regular performance reviews or any written documentation about any raises, pay increases, or anything on your job performance? If so, find them, have copies available and be prepared.
2) Are there any other workers who would vouch for you? A co-worker or supervisor, manager directly over you?
3) Do you have written instructions or guidelines on how often you are to check e-mail, voicemail messages for patient messages? Are you the only one responsible for doing this or does anyone else share in these duties?
4)) Did the employer give you any warnings about your job performance or do you have any other instances/examples of when you made a slight scheduling mistake?
5) Are there other underlying issues with your boss that could come out in this hearing? Late to work, absenteeism, making personal calls at work, poor performance, not performing your job or anything like that which could be cause for dismissal?
Just get your thoughts together to prepare as much as you can. You should have a chance to appeal the decision if they rule in his favor (but you are going to try to avoid that). You should be able to find your state's unemployment laws and appeal process online or in the document they send you about the hearing. Read it so you know a little more about it and ask a friend for help if you need help understanding it.
- NYgirlLv 61 decade ago
Appeal it but that can take months call the dept of labor today and explain what you said here they will advise you on what to do immediately. In all my jobs and I have been working for 20years i Always checked my emails right before I went home just so I did not miss anything so you know that for the next job. Its tough out there been out of work for over 4 months. There are legal aid attorneys that handle this type of stuff also go to lawguru you can post a free question and a lawyer will email you back.
good luck with everything!!!
- mailaccount63Lv 71 decade ago
Check out your local Public Library - they have lots of great books on this subject. Talk to a Librarian - if that exact library doesn't have the books you need, you may be able to do an interlibrary transfer and borrow books from another library. Your best defense is to become as educated about Unemployment as possible - in this way, you can defend yourself during the appeal.
Source(s): life been there - done that - Anonymous1 decade ago
This happened to me many years ago when I was fired by a man who was over familiar in non work related matters. I didn't play ball so he fired me. I contested his version of events and also got some help from my GP. My advice is to fight this person tooth and nail as your reputation as an employee is at risk. The outcome to my story was that my former employer was found to be lying and I was exonerated.
Give it your best shot, you can only gain.
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- Anonymous5 years ago
When the unemployment office contacts you. It usually happens within days, ie "Your claim for this week has incountered a problem". Good Luck
- 1 decade ago
Appeal your unemployment claim you will get a hearing via phone with a rep from the unemployment office and state your case ...
Don't give up