VEC Appeal Virginia Virginia Virginia

[cooper9337]

When VEC sent out the notice of claimant's appeal of Telephone Fact Finding session that supported Misconduct allegation, VEC added a new item that was not previously on the table. In addition to adjudicating the performance issue, a new item will be to determine if the employee left voluntarily.
In the fact finding call VEC documented the employer's statement which confirmed that the employee was discharged and given the final paycheck

Is something amiss here?

Should the claimant seek administrative dismissal of the new charge at some point during the appeal hearing?

[Pattymd]

In English, please.

Here's what I think you're saying.

Employee filed claim for benefits.
There was a telephone interview with claimant. Was the employer present on this call also?
Apparently, the employer protested the claim by saying that the claimant voluntarily quit, although he provided some other reason in the response to the notification from the state that the claimant had filed for benefits.
After review, benefits were denied.

Did I misunderstand or mis-state the circumstances?

[cooper9337]

Too Kind

You're too kind. I appreciate your commentary.
I was not included in the hearing - tracfone snafu.
I appealed and got packet from vec with handwriten statement signed by VEC deputy
entitled "Employer's Statement Concerning Discharge".
In brief it says
"He was fired. He wasn't able to perform to our needs. ... He had been warned about his performance, but we could not allow his poor quality of work to represent us. He missed an important deadline at the end. he misled us about how far along he was on a project.

(I am embarrassed to write the allegations they made about me. However, they are not true and I offered rebuttal in my appeal.)

Since there is no reference to termination except in the context of discharge, I am beginning to become skeptical about the level of objectivity of the VEC. Can a deputy keep this case going by adding new charges to the one's I am able to successfully rebut?

[Pattymd]

What do you mean "new charges"? Was that not what the employer wrote on the original form when they returned it to the commission? Where did the claim that you quit come in? What did they tell YOU about the reason you were fired?

I'm sorry, I'm still confused.

[cooper9337]

As I seated my self at the exit interview (3 company officials vs me) I made the comment that "it looks like I'm through", to which the one company official answered "Well, yeah, things have not been working out."
I had three other contacts with the officials before I left permanently that day, but no one said any more about the reason for discharge. I got my final check, I went to the Office Mgr to question the amount of the check. She explained the basis for it including that it was calculated the same way she calculates all final checks. She stressed that I file for UI.
I filed for UI the day after I was terminated, and got 2 checks before I was notified they were halted because of the employers contention that I was let go for poor performance. Previous to this the only comment about the reason for dismissal was when the official agreed with my observation that "It looks like I'm through".

[Pattymd]

So, you're saying that now the employer is saying that your word "I guess I'm through" was a resignation? OK. But. You missed the telephone hearing, so you pretty much shot yourself in the foot to make any kind of explanation or ask any questions ofthe employer. At this point, the commission will make its decision on the information it has. Having said that, "poor performance" does not necessarly equate to benefits being denied. Quitting usually does. But by missing the hearing, you'll now get what you get.

[mourning]

been there done that

I can sympathize with you on the manner in which the VEC attempts (and succeeds) in making the appeals process as convoluted as possible. As for "new info on the table" request that a full disclosure of your case file both hard copy and telephonic be made available at your local office or mailed to you. The reason I say this is because the same thing happened to me and I have been going round with the VEC since 2008! in regards to information that they had in the file since Dec 2008 which would have nullified my subsequent appeals. I am now on my third level (and last) appeal and truly have lost all hope of any examiner actually listening to the evidence. During my second level appeal my decision was actually date stamped and mailed out first class mail DURING THE TIME I WAS ON THE PHONE FOR THE HEARING. They don't seem to listen to evidence that can be applied negatively or internally to mistakes that are apparent within their ranks. Keep in mind that VEC is backlogged and many local offices downsized and I am sure we are not the only ones who are being penalized for internal snafus. Good Luck to you and keep your verbal answers short and sweet. Doesn't sound good but hopefully if you buckle down and get a legal aid lawyer or a paid solicitor experienced in unemployment law (which I should have done) you may be able to do better than me at least. Two years and counting!

[cooper9337]

I can sympathize with you on the manner in which the VEC attempts (and succeeds) in making the appeals process as convoluted as possible. As for "new info on the table" request that a full disclosure of your case file both hard copy and telephonic be made available at your local office or mailed to you. The reason I say this is because the same thing happened to me and I have been going round with the VEC since 2008! in regards to information that they had in the file since Dec 2008 which would have nullified my subsequent appeals. I am now on my third level (and last) appeal and truly have lost all hope of any examiner actually listening to the evidence. During my second level appeal my decision was actually date stamped and mailed out first class mail DURING THE TIME I WAS ON THE PHONE FOR THE HEARING. They don't seem to listen to evidence that can be applied negatively or internally to mistakes that are apparent within their ranks. Keep in mind that VEC is backlogged and many local offices downsized and I am sure we are not the only ones who are being penalized for internal snafus. Good Luck to you and keep your verbal answers short and sweet. Doesn't sound good but hopefully if you buckle down and get a legal aid lawyer or a paid solicitor experienced in unemployment law (which I should have done) you may be able to do better than me at least. Two years and counting!

Thanks for your encouragement. I have a legal aid atty now and am working with him. Thanks for your encouragement. Good luck to you!!!