I've been receiving unemployment benefits since 7/01/09, (I applied for it about 3 weeks prior) after having been terminated from my previous job. A week ago I received a letter in the mail stating that my old employer is requesting for an appeal on my unemployment.

This is quoted directly from the letter:
ISSUE(S): Whether the claimant's seperation from this employment was for a disqualifying reason within the meaning of the MD Code Annotated LAbor and Employment Article, Title 8, Sections 8-1001 (voluntary quit for good cause), 8-1002-1002.1 (gross/aggravated misconduct connected with the work) or 8-1003 (misconduct connected with the work.) Whether this appeal was filed timely within the meaning of Section 806 of the Labor and Employment Article.


I don't really understand what any of this means, and I'm slightly nervous about the hearing.

Long story short, I was fired for one of my employees stealing while I was on my break. It's said they have video evidence, but it'll only show me sitting at the counter eating while my employee is visibly caught stealing. I was terminated because I was unaware of the event taking place. Two days after the both of us were terminated, the thief returned to the area and stole over $1000 worth of equipment.

Does it seem as though I have a good chance of winning the appeal? I'm unemployed and just starting college - I'd have absolutely no way of paying the benefits I've earned back.

Possibly, but no one can say for sure. No new evidence can be presented during the appeal. Just tell your side of the story, truthfully. Good luck.

If it looks to the hearing officer that you were condoning the theft and or knew about the theft and just sat at the counter eating, then it is very possible that benefits will be denied. If there is no way you could have known about it, your chances are better. Not having seen the video, I can't say what looks like the most likely scenario to an uninvolved third party. If you were the only two in the room at the time, it is going to be very hard to believe that you did not know about it. I'm not saying you did but the hearing officer doesn't know you.

Well after talking to a previous co-worker, I found that they apparently have a "witness", when there was no one else working that night.

Also, the thief who stole from work used MY name at a truck parts company to "buy" more parts for the company, which he used for himself.

Can I use this in the hearing? That the other employee was a thief, stole from the company and from a major corporation using my job's name? Would that benefit my side at all?

Only if the witness is present at the hearing. You can try, if the hearing officer will allow it, but only to try to show that the "witness" may not be credible in this issue if he has committed more egregious acts himself.

Perhaps start by "I do not believe this witness is credible, based on prior acts" and see if the H.O. allows you to go further. Although, it's still a he-said/she-said.

I do know that if the determination is reversed, in MD you can ask for a "waiver" based on your financial situation and, if approved, they will not pursue for back benefits. Happened to me personally. However, if you have occasion to receive benefits in the future, they could take ALL of those until the debt is repaid.

I have a couple friends that work there and after speaking with them, I found that the witness is the security guard that was on duty that night, but from what I can remember he wasn't even in the same building at all.

I called the company that the other employee used my name at, and if I get a written statement from them about the situation, can I use that in my defense? Pretty much to prove that the other employee was a flat out thief, and what happened wasn't necessarily my fault?

If I lose this appeal, I'm going to file for one as well. And I plan to call a lawyer and see what I can do. I definitely can't afford to lose these benefits, nor pay them back. I'm getting pretty frantic.

My understanding is that affidavits are not allowed, since the "witness" cannot be questioned.

Elle?

The witness can't be questioned? So, that would mean their witness would pretty much mean nothing to the unemployment officer?

You can't question an affidavit, is what she means.

A statement from another company that someone else used your name isn't going to be admissable nor help your case. What the thief did after really doesn't pertain at all to whether or not your company and hence the hearin officer, felt you were either in or it or condoned the behavior. For that matter, if they used your name for a devious act after this, it would tend to make an outside party believe you knew or were in on it. Why else would they use your name out of all the names out there?

The fact that this other coworker is unethical and a thief isn't in question nor relevant. The only thing which is in quetsion is whether or not you knew about it, should have known about it, or in some way acted in a way which would make it appear that you condoned the behavior.

Example: If the other employee slipped a candy bar in her pocket while you were out of the room, while you could legally be terminated for not watching them more closely, chances are better you would get UI as it would be hard to prove you knew or should have known it happened.

If on the other hand, you were in the same room, and this person stole multiple items or items that you shoud have noticed went missing yet you did nothing about it, getting UI is going to be much harder. The hearing officer doesn't know you so they only have the objective evidence in front of them. In that case the more likely scenario is that you knew this person stole the items but just didn't act.

Again, not having viewed the tape, I have no idea what it looks like happened or how it will appear to the hearing officer.

The way the building is set is this; there is the shop which is outside, a small side room that connects the rest of the building to the shop, and the inside where the counter and stuff is. He was outside, I was inside.

Sorry for continuously asking questions, I'm just so stressed out. I don't know what I'll do if I lose this.

Another thing; if they win, and I appeal...I heard they continue the benefits until the next appeal. Is that correct?

Edit: Oh and he didn't just use my name, he also used two other employees names from the same company, all of which were suspended because the company thought they'd actually did it until they saw the camera footage from the truck store.

One more thing. Am I liable to see the tapes before the appeal date?

Again, no one here can tell you what the hearing officer will think and we haven't viewed the footage. If you want us to give you a definite answer, you are asking too much.

I understand, I'm just really worried/stressed out.

But is it like regular court? Can I see the other sides evidence?

Start here http://www.dllr.state.md.us/employment/unemployment.shtml It will answer most of your questions.