I am on my second appeal with GA on my unemployment situation.
I had my original hearing last week and somehow lost when I believed this to be a pretty easy case for the person hearing the case to decide in my favor.
I was working for a temporary agency for the past 2 1/2 years on one assignment. The company folded my department and basically the entire division was laid off. I informed the temp agency of my end date in July. My end date was later extended by a few weeks to August and I informed them again and called them pretty regularly, basically bi weekly.
When I filed for unemployment the agency protested it. In their "finding of fact" stated:
"The Claimant completed the last assignment, however has failed to maintain contact with the employer for further assignments. The Claimant is considered to have voluntarily quite based on section 34-8-195(c). There has been no contact with the claimant since the end of their assignment."
They also pointed out a document signed by me at hire that stated:
"I agree to notify [employer] immediately upon termination of each temporary job assignment. If I fail to give such notice, [employer] may assume that I am not available for employment. In order to be eligible for unemployment compensation benefits, some state regulations require Temporary employees to notify the Temporary Help services firm upon completion of assignment. Unemployment benefits may be denied for a failure to fulfill obligation."
So when i saw this I figured..oh...thats fine. I bring in my timesheets signed and approved by both my temp agency and assignment to show that my end date was actually August the 15, thus showing that part of their fact finding was wrong. I also bring in my phone records for the time period of 07-22 to 08-22 because that is the time period in question. It shows constant contact with the agency, the length of time of the calls and such.
So in the hearing, there is the company that handles the unemployment claims for the temp agency and the branch manager. I submit my evidence.
During the hearing, I am asked is there a certain day or time or interval of time I am supposed to call in. I say no, because there isn't. She then ask the branch manager the same question and she says no. Later she says "we try to tell them to call in weekly but we have no set time frame". They submit their evidence which included another sheet saying:
"I understand that it is my responsibility to contact my [employer] office upon completion of an assignment and to notify [employer] when I am available for reassignment. I understand further that if [employer] does not receive information concerning my availability to [employer] or if I turn down an assignment, I may be denied further assignments and/or unemployment benefits."
Also during the hearing, the branch manager confirms that I did indeed call in to notify them of my job assignment ended and that I was available for assignments. It was her contention that she hadn't heard from me since then.
My phone records were for the month in question and the last call on that record was for 08-18. the final question I asked at the hearing was if there was any written policy anywhere that asked me to call in on a weekly basis and she said no.
At the end of the hearing, the agency adjusted their original statement to me not having contacted them since 08-18, thus it was a voluntary quit. I maintained that not only had their finding of facts been completely wrong thus showing a flaw in their record keeping, there was no weekly call in policy and they hadn't presented any evidence to show that there was.
So I am thinking, slam dunk. How could I lose this?
Well, when I get the decision, its states that I knew there was a weekly call in requirement and I didn't present the evidence to show that I had called in on a weekly basis.
They said that I didn't provide evidence that I called in as required thus I was still being denied benefits.
Now I am doing my second appeal and have no idea where to go from here. I don't see how I lost this one. I need to stress, the two statements above are the only evidence they provided. I asked the branch manager does this policy exist and she said no. When their own representative asked her, she said no. I also said no, i had never heard of any weekly call in requirement. While I understand the burden of proof is on me in the case, how am I supposed to prove a policy does not exist when they don't present anything to prove that it does.
Even more, I thought that nothing else could be discussed outside of what was on the hearing notification. No where in the hearing notification (the employers reason for denial of unemployment basically) is this weekly call in policy mentioned. The notice stated that I was to prove that I followed all the rules of the employer, which to the letter I did. And the branch manager testified i did. How could I have lost due to a unwritten rule because I didn't bring in another month of phone records?
So am I wrong? Do I need to approach this from another angle? Because at this point I can't afford to lose again. I am still have no job, I have sold everything i own and will be homeless if this doesn't go through. I am not allowed to submit any new evidence and can only argue on the evidence that was already submitted.
Any help/suggestions would be greatly appreciated. Sorry if it was overyly long.