Employer filing an appeal against my unemployment..HELP?
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Employer filing an appeal against my unemployment..HELP?
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was let go due to not understanding the work when I was hired for the job. Meaning I was supposed to know coding, but I told my boss that I was not trained in that field. I did go through training classes prior to working and passed everyone of them the first time (never had training for coding). Then I had a phone interview with IDES and the lady asked me a few questions regarding my dismissal. I told her that I was let go, but it was not because I did anything wrong, the company claimed I did not understand what I was doing.
Now I get something in the mail saying my past employer wants to appeal the case, but it does not say why. I am confused because I always showed up on time, always did my work, and whenever I needed help, I would ask a co-worker. Unfortunately, when they let me go, they took all my stuff and brought it to me, I could not go back and get my binder that had all my trainingt papers in it to show I passed eveything. There is nothing I can use for evidence, but my boss will have my letter for letting me go to use against me. I never signed anything so they dont have anything against me....right?
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redgator
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almost of all of them do that. don't worry about it. first, the state reviews why their filing an appeal. then if there is sufficient evidence, they will uphold the appeal. more often than not, they don't. but if they do, you can appeal. there will be a hearing and you can state your case at that time. |
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Sexy Chica
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it is common for employers to appeal your unemployment claim. Even if the ex employee did nothing wrong. Just relax, go to the hearing and tell them your side of the story. More than likely, you will get the unemployment unless your former employer can prove you did something against the rules. Just have your facts written down, like dates of your employment, etc. to reference during the hearing. |
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Mel
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It is fairly common for an employer to file an appeal - paying UI costs them money, and many employers routinely protest UI claims so they can save costs. You should appear at the appointed hearing, and bring with you anything that you think might help your case - you can bring witnesses, a copy of your offer letter, etc. You should also write down what happened, in as much detail as you can remember it (names, dates, who said what, training you were given, etc.) You can enter that document into evidence (use spell check!), and it may also help you to remember events when you are asked.
The hearing will be before an administrative law judge (ALJ) who will ask both parties questions. It is usually the employee, the judge, and a representative of the employer - no lawyers. This is a hearing, not a trial, and you do not have to answer anything you don't want to. The judge will explain all of this to you before the hearing begins.
This is not "The People's Court" - be respectful and answer only what is asked of you - if the judge needs more detail, s/he will ask you for more. You may call the judge "Your Honor" - again, you want to appear respectful and professional.
Whoever loses this appeal can file one more appeal for another hearing. If the employer loses, it is unlikely that they would try again, but you can file an appeal if this one doesn't go the way you want. Good luck! |
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