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    My unemployment is being denied on a continual basis. I was discharged for "falsification of time sheet" In which I adimittly hold as an insult. I was working for a contract company at a large auto manufacturer in Tn. The only source of time reporting we have is a piece of paper with the companies name posted by the time sheet of the plant staff time sheets. We started working swing shifts, 2 weeks on 1st, 2weeks on 2nd, working as low as 40 hours a week to as much as 60 includeing weekends. When enetering the plant we "badge in" at the turn stiles in which a computer records our interance and exit of the building (this is to not be confused with a time clock as employees frequent the plant on and off shift hours for the amenidies) 4 weeks before I was terminated, I was asked to work 3rd shift (which is not a plant wide shift, only temporary to meet the needs in our dept). My first week I was on third there was no time sheet for me to fill out until the end of the week. When we finally did recieve our time sheet I had an entire week of time to remember...which I could not remember exactly the hours I came in and left. I was tired and made the best attempt I could to recall the hours worked. At the end of each week, on top of filling out a time sheet, we go home and post our time on a company web site spread sheet, that is then sent to the client "FOR APPROVAL". Assumption has always lead me to believe that if there were ever any discrepencies that the payroll dept, would adjust them do to the entrance and exit times recorded at the turn styles. I was off by 7.5hrs that week in my recordings. I know how it appears, but it is not what it seems. There is a lot of confusion, I am not the kinda guy who sits down and does payroll, I am a painter have been for 17 years. I was 1 week away from being a permenant employee before this happened with the factory. I have disputed the intial acusations from the employer with the Dept. of labor in which they sided with and just had an appeal hearing last week, which I lost, and now have to apeal the apeal, in which may be a mute and vain grabbing of straws. It was mentioned in the appeals rules that "Heresay" would not be admitted, yet the contractor only had the words and the dates of the factory to go on. I asked weeks prior to the hearing for the company to supply me with the paper work showing my discrepencies, they denied on the basis of "Privacy to their client". I even mentioned this in the hearing, but apperently the hearing officer ignored that I requested this and allowed an entire testomony of "He said she said" go unnoticed...The staffing agencies client that terminated me was not even present for the hearing to give their account. How can I win this??they owe me alomost 4k in back payment. I am no crimanl, have no criminal history, and have no previous history that would lead to a belief that I would do this!! What can I do from here, how can I get my unemployment....How many times to I have to say I did not intentionally, nor malisiously to break any conduct of ethics?? Please help me out, I dont know what to do and I am boarderline of looseing everything I got. I have had to go back to college, and do not know where next weeks gas is coming from, nor how to pay my college debt down in the event I cant afford to drive to school...This is how bad it truely is.

  • #2
    FYI, you need to start your own thread, not hijack an old one.

    Information on how to appeal the decision made by the Administrative Law Judge following the hearing will have been included in the denial you received. At this point, another hearing doesn't occur. An Appeal Tribunal will review all evidence presented and testimony taken at the hearing and determind if the ALJ made the appropriate decision. No new evidence will be accepted.

    While it does happen on occasion, I'm afraid the odds are not in your favor of having the decision overturned. You certainly have nothing to lose by filing for the next level in the appeal process. Good luck to you.


    • #3
      Moved to its own thread.
      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
        You turned in a fraudulent timesheet. Not even off by an hour or so but by an entire days worth of time. Those records absolutely can be used in a hearing and they are property of the company. Ultimately it is up to the hearing officer but I have to tell you, it is awfully hard to believe that you were merely mistaken about having worked an extra 7.5 hours in one week. That may be what happened but it is far from the most likely scenario.

        If you aren't out of appeals, it can't hurt to appeal. I just would not count on those benefits. That you went back to school isn't your former employer's problem nor the state's. That is not going to be a factor in making the decision. benefits are awarded or not based on the reason for separation alone.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


        The forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on are opinions and suggestions of members and is not a representation of the opinions of does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.