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  • Help UI question

    I'm in a very similar situation and need advice. I like you had my hearing and was denied. I can honestly say that I thought I did a great job in my hearing. My employer didn't have any specifics wrote down and I even caught them in a couple lies. I submitted reports I ran prior to being fired on proof of how the workload tripled. I put everything into my job and worked very hard. Coming in early, staying late, going above and beyond when not asked and even brought new ideas to the table which are still followed through today. I'm honestly shocked at the denial. It must prove harder now to be granted benefits, I don't know. I guess my question here is when appealing to the Board of Review what do I need to submit as written argument and what will work best in my favor. I was fired based on "poor work performance." As a single mother I could not afford to lose my job and did everything I could but how is workload tripling not affect overall performance?? I don't get it. This frustrates me because I didn't deserve this and I need my benefits. Any help would be greatly appreciated. Thanks.





    Originally posted by Claimant View Post
    RJC,
    Just a quick note to tell you that I won the appeal and do not have to re-pay the benefits. One thing that stood out in the decision was that the employers claim was based on heresay. It appears that my statement:
    "In addition, the company is using an off site representative, who is not intimately knowledgeable with the facility and personnel in question, and therefore, is reliant upon second-hand information which is easily manipulated to the benefit of the company." was successful in producing the desired outcome.
    I really appreciate all of your advice! I don't look forward to having a similar problem, but in the unlikely event that one arises, I will certainly look to this forum!
    All the best!

  • #2
    Marie0309, you posted your question to another poster's old thread from 2006. You should have started your own new thread. I will start one for you.

    PS - you added to a thread in Ga. labor laws - should we assume you are also in Ga?
    Last edited by Betty3; 02-29-2012, 09:44 AM. Reason: add PS
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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    • #3
      I was fired based on "poor work performance."

      That very seldom results in the State denying benefits so I'm surprised at their decision. In order to prevail on this issue, the employer must demonstrate that the employee could have done a satisfactory job and purposefully did not - which in most cases is really difficult for the employer to prove.

      Unless your State is different than most, the next step in the appeal process is solely administrative. That is, no new evidence will be taken, no new statments reviewed, etc. All that will happen is that Appeal Tribunal will look over the UC hearing transcripts and any evidence entered and decide whether the Administrative Law Judge made the correct ruling based on what was presented at the hearing.

      I suggest you carefully look over the information you received but it's likely that all you need to do is send the UC Division a written request for a review of the hearing decision within the time line stated.

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      • #4
        Unemployment Case

        Sorry I'm new to this. And yes I am in Georgia. Like you I'm very shocked as well. Especially being that I had submitted reports and had proof of the workload increase. My employer stated in the conference call that it seemed everything would be going good and then slowly something would fall behind, so we would address that in a meeting (in which they would call me in and pretty much cuss at me and put me down to the point of tears and point fingers in my face....at one point my boss got up and paced the room in apparent anger, they run the place off of intimidation) and then things would get better and suddenly something else would fall behind. The hearing officer even said, "Was this not a workload issue?" and at one point she even got onto my employers for whispering in the background during the hearing. Another issue I've had to fight which I dont know what kind of affect it has on the decision is and from my understanding most employers have to have an incident occur just prior to terminating an employee and I feel they were digging for dirt on me and waiting to use something against me. It was the Thursday before I got fired when one of the managers came to me and asked me to make sure everything was caught up before leaving and that I checked out with the lead tech in charge. I agreed. My time to leave is at 6pm unless otherwise completely done with nothing to do. We have always been told as long as there is nothing left to do and our work is done and we've checked out, were good to go. I personally never left before 5:30 in case anything came in late. So at 5:29 I got the lead tech and had her go to my area to ensure she knew all that my work was complete, in which she did. She gave me the okay to leave at that time and I left the building. Nothing different then any other day. Our boss has always stated that the closers are responsible for wrapping up the end of the day and I also have 2 sisters who work with this company still to this day and procedures have not changed. When I came into work the following Monday, that is when they terminated me. They said I was specifically asked to stay until 6pm, which is not true. Plus if it was a problem and my work was not done then the lead tech would have said something. I got the okay from who was in charge and did exactly as asked. I think maybe it was what they needed to fire me, i dont know. The lead tech who was in charge that day just weeks after my termination also quit, she herself was tired of how things were ran. I contacted her before my hearing hoping she could testify as a witness but they blackmailed her into signing something that stated she would not do anything against the company or else they were not obligated to pay her the money they owed to her. I dont know if they did this to keep her from testifying in my defense or not. Seemed kinda fishy to me but who knows. I am a firm believer of being honest and I worked hard all 3 years while employed for this company and a single mother could not lose my job. I brought new ideas to the table which are still followed through today. I guess I'm just quite unsure what I could say or argue in my defense at this point. I felt I did a great job in the hearing and I guess all I can do is just try at this point and if all fails I have to just pick up the pieces and move on. Just confused!

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        • #5
          Please edit your posts with paragraphs. It is hard to read a block of text.

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