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Physically Assaulted At Work Trying To Win Unemployment Appeal (ohio)

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  • Physically Assaulted At Work Trying To Win Unemployment Appeal (ohio)

    Just to shed a little history on my situation I need to discuss some of my issues, which are very broad. I previously worked for City Government in Ohio I am an African American female and I have been harassed, single-out, physically assaulted, retaliated against and disciplined for numerous reasons by management. My office phone was wire taped without my knowledge and used against me in the local media and for discipline reasons. I filed numerous complaints within the City as well as with the local police and the OCRC. All discipline charges against me were initiated after I was assaulted and filed charges with the local police. I had been a model employee for the past 5 yrs and 5 months but all I received were discipline after discipline. Management is violating my civil and constitutional rights and has caused me undue stress and embarrassment. I have grieved my disciplines and two have gone to arbitration (still waiting on the outcome). I have since been terminated for using City communication equipment for personal use. They allege that I was using the Internet for personal reasons even though the computer is a community computer which other supervisors and employees have my password. I filed numerous complaints of work sabotage; management violated my union contract as well as violated its own policies and procedures and has subjected me to a hostile working. I have been subjected to retaliation, discrimination and workplace violence. Past disciplines have allowed employees who have been charged with the same infractions to remain employed but placed on progressive disciplinary steps. However management was in such haste to have me terminated they violated many articles. I did recently retain a discrimination attorney and have filed civil charges against my previous employer. I also have a worker’s comp attorney and I am in the process of filling out a C92 form. I know it will be a long time waiting on arbitration and it may be many, many months or even years before I can get my job back. My question is I have been denied unemployment and I have to write an appeal letter and I am unsure of how much information I should put in my letter. It is my understanding that my previous employer will have access to this information. What would be the best way to approach this without giving my previous employer to much information to use against me at the hearing?

  • #2
    At what stage is your unemployment claim?

    (1) You applied, your employer contested, and you received an Initial Determination denying benefits?

    or

    (2) The matter has already gone to a hearing and the Administrative Law Judge issued a decision denying benefits?

    Chances are high that if you want to appeal either decision, you do not need to do anything more than send them a timely letter stating you wish to appeal the decision. If you are at the first stage, then a hearing will be scheduled. If you are at the second state, then an administrative review of the testimony taken and evidence submitted at the hearing will be reviewed.

    In neither situation to request a hearing or an appeal do you have to submit any arguments or reasons why you should be granted UC benefits. Have you reviewed the information you received with the denial of benefits on how to request a hearing or file for a review of the hearing decision?

    Comment


    • #3
      Physically Assaulted At Work Trying To Win Unemployment Appeal (ohio)

      Hi Beth3,

      Yes that is correct, I applied for and was denied unemployment my employer stated I used the Internet for personal reasons. Unemployment wants me to write a letter for an appeal at the first level. I just do not want to say too much and give my previous employer more information to use against me. I do not know if I should go back to last year when a supervisor assaulted me and that is what has caused all of my disciplines and lead to termination. Or should I stick to just talking about the reason my previous employer ultimately terminated me?

      Comment


      • #4
        Almost certainly, all you need to do is send the UC Division a letter stating that you are contesnting the decision and are requesting a hearing. That's it. Only testimony and evidence provided at the hearing will be considered by the Administrative Law Judge so there's no sense in your taking the time to write anything more in this letter.

        I expect your employer already knows what your position is going to be - that your termination due to personal internet use was a pretext and the real reason you were fired was in retaliation for the various complaints you have filed. I doubt you have to worry about "giving anything away."

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        • #5
          Great, thanks for the information!!

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