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wantingtowork
11-25-2007, 06:37 PM
I was fired about two months ago from a salaried + commission job and denied unemployment until December 1, 2007. The employers reasons were that I "failed to meet a sales quota" ($25,000 per quarter), failed to turn in "weekly reports" and was "derogatory towards her and another manager" and that I was "given a warning that if I didn't make the quota, I would be terminated", all of which are false statements. I appealed on October 31 but haven't heard anything regarding a hearing date as of yet. I have copies of all pay stubs which proves that I was paid well over their so called quota and there isn't any documentation of a "warning" for termination, which never happened in the first place.

Question #1: I was disqualified until December 1st and have since been filing my weekly certifications on time, do I have to go through the qualification process again or do the benefits automatically start on Dec. 1st?

#2: Based on the above, do you believe I have a strong case to win my appeal?

#3: Should I have heard of a hearing date by now?

#4: An ex-coworker who witnessed the employer’s negative attitude towards me wrote a letter on my behalf, is this admissible in the hearing?

Thanks so much!!

ElleMD
11-26-2007, 07:53 AM
It never hurts to appeal. The worst that can happen is that you will not receive benefits. No, a letter from a coworker that indicates the employer simpl;y did not like you is not admissible and has nothing to do with whether or not you qualify for benefits anyway.

Pattymd
11-26-2007, 07:55 AM
No, a letter from a coworker that indicates the employer simpl;y did not like you is not admissible and has nothing to do with whether or not you qualify for benefits anyway.

And even if it did, hearing officers, in my experience representing employers at such hearings, do not allow written statements from someone not in attendance. The reasoning for that is that a statement cannot be questioned by the opposing party; a person can be.

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