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Help with filing an appeal in GA Georgia

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  • Help with filing an appeal in GA Georgia

    I was recently fired from my employer, over the phone, with no reasoning at all. I received a phone call from the Claims examiner a few weeks later from the unemployment office stating the the employer gave reason for firing because of "poor attendance". The evidence the employer gave were "verbal warnings".

    I never received ANY verbal warning for my attendance NOR did I ever have any attendance problems with this company. I am a personal trainer and the company stated I wasn't there for my clients and gave dates. In one claim they used a client that's schedule didn't coincide with mine so she went with another trainer. This is the industry, it happens everyday with trainers. We can't be there 24 hours a day for everybody. How can I fight something like this? In another claim they even stated that I wasn't there to schedule a client when she came into the gym. As a trainer I do not come in when I do not have a client so it is impossible for me to be there when a member comes in to schedule something as such unless I have a scheduled client at that time. Clients schedule sessions with the gym employees all the time. They are using the claim examiners lack of knowledge of the industry to make it seem like I wasn't doing my job.

    I have many written testimonials of my hard work for this company from my clients, one of which comes from one of the people the employer said came into schedule an appointment and I wasn't there, I know she would attest to this and them using her name in such a way.

    I am going to file an appeal today and need to know, if possible, how to go about fighting something like this.

    The fact is I just received a raise not 2 months prior for the good work performed. The company is going out of business and being the highest paid (in percentage) trainer there, they are cutting back. They never gave me any warning, I never had to sign anything. How am I supposed to fight something like this? Tell them exactly what I said here?
    Please help
    Last edited by Dmar; 05-18-2009, 07:11 AM. Reason: Clarification

  • #2
    Or let me ask a different way.

    How can I prove a employer never verbally said anything to me if they have stated that they have? I am under the assumption that GA is a right to fire state but don't you have to have written warnings ( x 3)?


    • #3
      There is no law in any state requiring written (or verbal) warnings in any number before an employee can be fired.

      However, it is not up to you to prove you were not warned; it is up to the employer to prove you were.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


      • #4
        So going into this appeal, do you think it would be a good idea to bring the testimonials of my clients? (The ones that were written by the very people they said had an issue with my attendance)


        • #5
          But aren't I in the appeal process because the department of labor found the information they gave them accurate and withstanding?


          • #6
            You are in the appeals process because the employer has a guaranteed right to contest, just as you have a guaranteed right to file and either party has the right to appeal if the judgement goes against them.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


            • #7
              So basically it's my word against theirs I put a claim in and the company denied and expanded on what and why. The DoL denied me because of that, so now I go tomorrow to file an appeal and the company has to prove what they said now? Why didn't this happen to begin with? Are there tips you can give me to safeguard my case at all such as bringing the testimonials, witnesses, etc. I have heard through others that they may ask for such things but I'm not sure if there is any truth behind that. Thank you for the information you have given me so far.


              • #8
                There can't be witnesses if nothing was ever said. It all is going to come down to who is deemed most credible by the hearing officer.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


                • #9
                  I get it, I just don't understand how they can say no to something that has no evidence but what the company wrote down for them to read anyways. I figure they would have to "prove" it when it was addressed to them to begin with. Thank you for responses though