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Employer signed "lack of work" separation, but is now appealing Georgia

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  • Employer signed "lack of work" separation, but is now appealing Georgia

    I was told by my employer that I was being let go because they could not pay me the salary discussed any longer. Co-owner signed a "lack of work" separation notice and I was awarded benefits.

    Now the other co-owner is appealing the award saying that I was fired due to "poor performance" and "leaving early" on several occasions. These allegations are completely fabricated and they have no written evidence of anything. I never signed anything, there were no handbooks, rules posted, etc.

    Is there any chance of my ruling being reversed?

    On a side note, do I need to send the copy of the "lack of work" separation to the appeals board or should they already have one in my file?

    Any advice would be greatly appreciated.

    Thanks-
    Last edited by mdunn; 05-25-2009, 01:13 PM.

  • #2
    Since the employer is the one appealing, they have the burden of proof. If there are no written warnings or extemporaenous notes of verbal warnings etc. they can provide, they will have a tough row to hoe. The state should provide a copy of the separation notice to the hearing officer.

    I think you have a better than even chance of winning their appeal. Especially since they have now changed their minds about the reason they submitted on the form.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      The employer might forget to include the "lack of work" letter, so send a copy and bring 3 copies to the hearing.
      I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

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      • #4
        Good idea, Alice.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          The employer might forget to include lack of work letter? What does that mean? They should have all of the material from the original decision, right?

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          • #6
            Also, it's a phone hearing. Can't bring copies. I guess I'll send a copy of the letter to the appeals board to be safe.

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            • #7
              Appeals hearings are by phone in Ga. You must get any documention you want to present to the appeals board in order for them to forward copies to your employer. They will not overnight documents so make sure you get them in early enough to get thru the Dept of Labor and then sent to the employer. If there is not enough time to distribute them to the other party, they will NOT be able to be used.

              I got caught on this once myself as an employer.
              I find that the harder I work, the more luck I seem to have.
              Thomas Jefferson

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              • #8
                So, why would they not already have the separation letter? This document was used to determine eligibility in the first place. Now I am really confused.

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                • #9
                  Because they're disorganized. When my employer appealed an EDD decision, NONE of my original file was transfered to the judge. Thank God I brought it all with me.
                  I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

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