Unemployment Appeal Hearing?

redvelvetflames4ever

How strange. You spoke to the unemployment investigator handling your case and she stated there was no misconduct. Now that would leave for the employer to submit some type of proof to unemployment to disprove your defense and whatever they told the investigator she/he decided they did have grounds to terminate you. This is why it is now going to appeal in front of an arbitrator/judge. Your former employer is under no obligation to present his evidence to you. Just as you do not have to present your evidence to them. Nor do you have to be told who will be speaking as a witness for the company and vice-versa. You are aware you can get an attorney appointed to you if you make the request? It sounds like to me they are saying you misused company property during working hours, not during the day you were out sick. Be aware a majority of companies are tracking what there employee's do on there systems. If you can provide proof as you stated during the period they are accusing you of misusing company property that you were in fact out sick and in the hospital you will win your case and your benefit will be reinstated. If they have other dates prior to this sick period I am sorry but chances are grim.

CatLaw

For the majority of states the Appeal Hearing is the most important part of the process in obtaining your benefits. If you mess us at this hearing, you do not get a second chance. Which means that you should obtain an attorney who is experienced in this field to represent you. In Illinois, the IDES (Unemployment office) can provide you a list of free attorneys or you can get one on your own.

Couple of points; the interviewer at the unemployment office has no say in this - most of them are constantly positive for everyone, so what he/she said about your case is meaningless. Which is the same for your friend's opinions.

The only thing an employer needs to do is check a box and sign a form to appeal a request for unemployement. In Illinois over 80% of all employers fight unemployment.

In Illinois (and many other states) misconduct is merely a term used in the unemployment office. Illinois law states that for it to truely be misconduct there 1. must be a rule or policy that the employee was warned not to break or he/she would be fired, 2. the employee willingly and deliberately broke the rule or policy. From your facts you were terminated for something you didn't do. My law firm routinely fights these cases on the technicality of the law and has 97% wins ratio.

If you have documents that you want to submit to the hearing judge you MUST follow the rules about these documents. In Illinois we are required to send the opposition a copy of all documents 48 hours prior to the hearing. Otherwise the judge will not let the documents in. If you are going to represent yourself make sure you know these rules.

Appeal Hearings are not for amatuers. You wouldn't do your own surgery, so why attempt to be your own lawyer? If you lose this hearing, any money you have already received as unemployment benefits will need to be repaid and this is your last chance to make your case. Do you really want to go in without an attorney?

Take all medical records with you because if you were not at work then you couldn't have done it and you should have nothing to worry about. Make sure you subpoena the time cards or what ever it is they use to keep track of who works because that could play a huge role in your defense. Good Luck!

RayBar

Okay here is exactly what you need to do!

1. Write out your version of events - KEEP YOUR PERSONAL OPINION OUT OF IT

2. Provide with attachments (exhiibit a - b - c, etc) your PROOF of statement, this would be your medical records, any paperwork you recieved at your termination (surely you signed something), any warnings or reviews received during your employment (esp. good ones), your internet use guidlines from your employee handbook, your documentation received from your first Unemployment meeting. USE these documents to support your claim.

3. Select up to 3 character witnesses on your behalf - I seriously recommend NOT using your closest friends, use people you have worked for an with in the past.

4. Understand that in representing yourself YOU get to ask your former employer and any of their witnesses questions. More than likely this will be your immediate supervisor, their supervisor and maybe one witness that worked on the day in question. Have roughly 5 questions written out for each individual - they may be repeated to each witness so you get the full version. (realize that "i do not recall" will be repeatedly used by the supervisors - don't get frustrated, this will tick off the judge just as much as it will be ticking off you)

5. Typically you need to submit either by certified mail or confirmed fax to each of the following - the court judge for unemployment hearing, your ex-company's attorney.

6. If it is a Phone hearing - you will need to submit the conact names and numbers for each of your witnesses - the comapny can NOT threaten an individual who works for them that is a chracter witness on your behalf. Have at least 5 questions for these individuals as well - make sure you ask the current employee 1. If you were present the day in question and 2. If they are concerned about retribution by the company for their statements. These will protect them later on in case the company holds grudges.

Call the court office and get the EXACT method and requirements for you to represent yourself. Typically companies appeal because they don't think the employee will take the time to file an "answer" to their appeal. Which allows them to win by default, leaving you hanging out to dry.

More than likely you will not have to follow any "legal" format in your answer to the company's appeal. Just make sure you have the case number, document numbers, judges name, your name, Company name etc at the top of the page. Use your WORD Letter Wizard program to create a professional letter. Make sure you reference your "exhibits" according to your testimony in the "Answer."

Good luck!

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