I need to represent myself at a unemployment hearing. I was hired as a salaried employee, and led to believe my schedule was flexible, as long as I put in 8 hrs a day. The first 5-6 weeks or so, I came in around 8:15 and worked 8 hrs. I didnt have to punch a clock, but needed an access code to get in. About the 7th week, I got warned about being late. I told my boss, I didn;t know I had to be here at 8, from that point on, I was on time. 2 weeks later they fired me. I filed for, and was granted unemployment, but the employer is fighting it, stating I was given several verbal warnings, and produced the records from the access code to show I wasnt there at 8. Now I have to go to a hearing, and not sure how to proceed. At least three people told me my schedule was flexible, but they still work there, and I doubt they will testify on my behalf. I admit, I got one warning, but no more....what can I do?

Tell the truth and hope for the best. There is no sure thing one way or the other in these hearings. Try real hard to listen to what the ALJ is actually saying. Keep your answers short, to the point, and non-repetitive. If the ALJ did not agree with your first answer, repeating yourself never helps them "get it". Often the party who brasses off the ALJ the least wins these things.

And you can always appeal if you do not get the answer you want. Of course, so can your employer.

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Not your question, but "salaried" is just a payment method and is a function of the federal FLSA. There is nothing in that law, or any other law, that says employees paid on a salaried basis get to pick their own hours. There is nothing in the law that says any employees gets to pick their own hours.

I have worked for employers for whom I had some flexibility in my hours (generally any 100 hours a week that I wanted), but that was the employer's decision, not mine.

State everything you were told and produce any documentation you have. There isnt much more you can do. Just on a personal opinion. Telling someone the hours are "flexible" in my view does not mean you can come in late everyday. You "knew" when you were expected.

Actually, I didn't know that I had to be there exactly at eight am...the person I replaced had entirely different hours, they told me scheduling was flexible, I was there around 8:15 am almost every day for several weeks, then they told me to show up at 8 (gave me a verbal warning), so I showed up at eight every day for the next four weeks, except one when I called off sick. That was Monday, Friday they let me go. In the letter they wrote to the employment office, they said I was given several verbal warnings. Not true, I was given one. The company has a progressive discipline policy, which they did not follow. I want to present the employee handbook at the hearing, but not sure what to do if the employer objects.....can they object to that? And if so, what argument can I present to overcome the objection?

There is nothing that forces the company to follow their own Handbook

There is nothing that forces the company to follow their own Handbook
Thats up to the A.L.J most of them expect the employer to live up to the terms outlined in the hand book. Also the employer has to produce the warnings.

My experience with the unemployment folks in Philadelphia is that the burden of proof is with the employer. This may vary when you get to outlying areas. I think the advice of telling the truth is the best course.

Hi, EDP. My folks live in West Chester.

Thanks for your contribution. However, if you look at the date in the corner, you'll see that the hearing in question was several months ago. It's probably too late for any additional advice now.

I was just refused unemployment extension today, as the uc office said that I was working as an indep contractor for several wks, which I reported. I am going appeal, bec. I called to ask them months ago if it was OK to take this type of hourly, p/t work, and they told me that I could take any type of p.t work that I could get, just to report earnings every 2 wks. Also, I was involved off and on w/the same agency for the past few years, when out of work before. Does the appeal sound promising?

I was just refused unemployment extension today, as the uc office said that I was working as an indep contractor for several wks, which I reported. I am going appeal, bec. I called to ask them months ago if it was OK to take this type of hourly, p/t work, and they told me that I could take any type of p.t work that I could get, just to report earnings every 2 wks. Also, I was involved off and on w/the same agency for the past few years, when out of work before. Does the appeal sound promising?
lcc1280, please start your own thread. Your situation is different that the original question.