You DO know you can appeal that verdict, don't you?

Posted By: Backwards typist on 2009-09-06
In Reply to: Softscript double whammy - Flybabymt

I did it one year a long time ago when I worked for a temp agency. I couldn't get to work because of a snowstorm, was snowed in for 3 days. They never called me back after I could get out even though I called them so I filed for unemployment.

I was denied because they said I quit. I appealed, got a lawyer, and went to arbitration. Thank heavens I had photos of the snow. I also told the arbitrator that they had put me in a production job packing shirts in a factory, not an office position like they said it was going to be. The arbitrator asked me if I would've gone back to that job if I could have and of course I would have....there was no other place hiring for my type of work.

I won and got all my back unemployment (nice chunk of change), paid my lawyer 1/3, and just to be nasty, I only half-heartedly looked for work but took my good old time.

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Softscript double whammy - Flybabymt
- I say fight it. I worked for a doctor who fired someone - Oh my
- You DO know you can appeal that verdict, don't you? - Backwards typist
- Everyone who has been fired, whether employee, - statutory employee, or IC should file for Unemploy
  - additionally - winnie
  - Good post....just an FYI - MT
  - excellent for you to take time to post. sm - darlene
  - very informative post--sm - anon3
    - Sure, an IC can APPLY - for unemployment but I cannot
      - An IC asked to commit to a schedule could... - ndmt
      - Different state to state. You would be surprised to find - out how many ICs are not really ICs in their state
      - Annoying our former company------ - Priceless. nm
- I worked for SS several years ago but quit cause of - crappy platform and cause lines counts never SM
- While I would definitely appeal that decision - sm
  - But if COMPANY is reason cant meet production, - is that misconduct of performance by company? NM
    - I would say yes - the worker agreed to the terms. - sm
      - Incorrect - sm - Miss Conduct
- so, it wasn't put on paper that you are terminated - because of production?
- Just curious... - MT
- This company definitely belongs on the growing - list of places to NEVER work for!
- How HORRIBLE!! n/m - gourdpainter
- Appeal it & make them prove misconduct. - nm
  - Definitely appeal it. UE is used to having employers - ndmt
    - Ditto, most definitely file an appeal (sm) - Mushroom
    - I did save emails - Flybabymt
      - This is the confidentiality clause on email I receive - Tired&CrankyMT
      - I don't think that is violating confidentiality. It is not like... - ndmt
        You absolutely must contest it - SS is probably - Me
      - I could be wrong but - - ?
        Work SS - In the Garden

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Definitely appeal it. UE is used to having employers
make up reasons for termination. The bottom line is if they cannot provide proof of your misconduct or that they informed you of said misconduct, you will probably win, especially if you saved any of your e-mails regarding your problems with demographics, etc.

While I would definitely appeal that decision
I would not be surprised if the decision is upheld. Unfortunately, if you were not meeting their production requirements or any other requirement to work, then it is misconduct in performance.

Wish you luck with your appeal, though.

Ditto, most definitely file an appeal (sm)
it isn't hard to do. Years and years ago I was let go from a hospital and it took 2 appeals and a hearing but I was glad I did it - not just the money but the principle of the thing. Good luck to you - I am so tired of businesses treating employees (not just in our field) like crap!

Appeal it & make them prove misconduct.
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