UNEMPLOYMENT APPEALS?

Unemployment appeals opinions and thoughts?

  • I worked for a company for 13 months where the working conditions got very, very bad. The overall job description changed somewhat (hired to do one job which basically turned into a sales job), and the whole situation deteriorated quickly. Employees were constantly being written up for mistakes and not meeting companies sales/performance expectations and in my opinion, it became a hostile working environment. In fact, two weeks before I quit, I was placed on a final reprimand for a mistake I did not make and had written documentation and proof of this. I filed for unemployment even though I quit the job and was initially awarded unemployment compensation based on bad work conditions. I received my first one week benefit and then my employer sent a letter in stating I quit due to job dissatisfaction and my unemployment stopped. I filed a fairly lenghty appeal which includes many documents of evidence (e-mails, copy of the document showing I did not make the mistake, etc) and even included a letter from my doctor. The final straw for me was I was seen at my doctors office for a cold but the doctor determined my blood pressure was very, very high, an emergency EKG was done to rule out possible stroke, etc., and I was put on high blood pressure medication. This is what the letter stated as well. I had my appeals hearing and it took me by surprise. Want some thoughts and opinions.. The referee called me 5 minutes late. We went through all the explanations of the hearing and I was sworn in. The referee asked me if I had any witnesses and I said yes. I gave the witnesses names and phone numbers and the call proceeded. The referee asked me all kinds of questions as to why I quit, what happened and gave him a list of examples. The referee asked me if I ever tried resolving the problems and I explained that yes, on numerous time, I followed the "chain of command", starting with my immediate supervisor, all the way up. The referee and myself were the only two on the call and my employer was not on the call. During the hearing, I kept thinking to myself that at some point, I would be placed on hold while the employer was brought onto the call but that never happened. Towards the end of the call, the referee asked me if my witnesses would tell him anything different that what I had already told him and I explained that my witness had worked for the company for approximately 7 months and could testify to what I was saying. The referee said he did not want to bring the witness on the call if that person was going to tell him the same thing. I made my closing statement and the hearing ended. Again, I was totally taken by surprise with hearing because it was only the two of us and no one else. The referee never made any comments that the employer no-showed or couldn't be reached. Since he didn't want to hear my witnesses testimony, what is this about? My theory after looking the entire situation is perhaps the referee had alread ready my long appeal letter and when the employer was not reachable, perhaps his decision was alread made? From what I understand, the unemployment office doesn't look highly when one of the parties "no-show" for an appeal hearing. Also thinking that since I was initially awarded unemployment and when the employer wrote in and stated I left due to job dissatisfaction, perhaps the referee takes that into account??? I am just waiting for a decision now and should be able to see it online in a couple of days. Tried calling the appeals office and they are not allowed to tell me the decsion on the phone. The wait is hard and thought I would ask other's their opinions on thoughts on this as well. By the way, this is in the state of FL.

  • Answer:

    An unemployment hearing is designed to uncover facts, and how they relate to the legal eligibility of unemployment benefits. When a party (either the company or the person who quit) doesn't show up, they have basically seceded there case to the other party. The "judge" is only interested in the facts that can be presented. What you experienced is typical when a company decides it's a waste of their time to appeal the benefit claim.

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sounds like you may have a chance in getting unemployment again. I say keep your fingers crossed but also be ready for dissapointment just incase it comes. if they dissaprove you a second time you can try an appeal again, i think it really has to do with the person on the other end, weather or not they want to be helpful. anyways, seeing that this has cause you a lot of stress, just try to keep relax and find something that will keep your mind busy for the next few days

You voluntarily quit. Bottom line. Your employer is allowed to be the worlds biggest jerk and essentially run you out of the company. You have no union so you have no protection agianst this. If yo had not quit and had let them fire you with a false claim against you you might have had a case. You don't know that the hearing examiner did not talk to your employer for those 5 minutes before he talked to you. Same bottom line, if your rmployer failed to show up for the hearing they have defaulted and you win.

Like the last person said, it is based on facts, not if the other party showed up or not. Without going into great detail, I would doubt they will go along with the hostile environment clause. Getting reprimanded and written-up is light years from their definition of "hostile". You would have to prove the change in job/hours was significant enough for an average,reasonable person to quit. For this argument to be successful you would have to 1. try hard to stay with your employer (which is sounds like you did) and 2. Put in a 2 weeks notice. If you just quit one day, you will not win with this argument either. Personally, I think you should expect the worst. Good Luck. Keep us updated.

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