Author Topic: Won my unemployment appeal!!  (Read 4302 times)

Offline Tr1gg22

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Re: Won my unemployment appeal!!
« Reply #15 on: July 02, 2009, 03:00:22 PM »
wtg.... It is rare to win such appeals :salute
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Offline Getback

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Re: Won my unemployment appeal!!
« Reply #16 on: July 02, 2009, 04:06:34 PM »
wtg.... It is rare to win such appeals :salute

Everything I read said I wouldn't win. I even contacted an attorney and she said I wouldn't win. I prepared myself for the worst and yet sought every avenue to a win.

I finally opened the letter yesterday from the judge. I was nervous. Did the appeal differ from what I had been led to believe? Nope, full benefits and no penalty.

What told me I had won prior to reading the outcome from the appeal was I got a call on my land line saying a deposit has been made to my account from Workforce development. (I don't answer my land line, it's the beggers line usually). I thought wow, is that true. Then it rang again, again & again. So I deleted he messages and headed for the bank. When I returned, I had 11 more of the same messages and the tape was full, (old answering machine). I waited until around midnight to open the letter. Whew! it was true.

altogether, 23 checks were sent. If I had a job, I would remodel the kitchen. ( or succumb to the powers of the I7  :x)
« Last Edit: July 02, 2009, 04:12:27 PM by Getback »

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Offline Stixx

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Re: Won my unemployment appeal!!
« Reply #17 on: July 02, 2009, 10:03:32 PM »
WTG.

Was involved in an appeal on the other side of the desk so to speak.
Former employee turned in his two week notice then filed for unemployment
claiming that I fired him and forged the email containing his two week notice.
Was interesting to see the look on his face when he arrived for the appeal and
found me sitting there.

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Offline Getback

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Re: Won my unemployment appeal!!
« Reply #18 on: July 02, 2009, 10:14:55 PM »
WTG.

Was involved in an appeal on the other side of the desk so to speak.
Former employee turned in his two week notice then filed for unemployment
claiming that I fired him and forged the email containing his two week notice.
Was interesting to see the look on his face when he arrived for the appeal and
found me sitting there.



I've heard many of those stories and read about many of them in my search.


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Offline CAP1

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Re: Won my unemployment appeal!!
« Reply #19 on: July 03, 2009, 07:41:57 AM »
WTG.

Was involved in an appeal on the other side of the desk so to speak.
Former employee turned in his two week notice then filed for unemployment
claiming that I fired him and forged the email containing his two week notice.
Was interesting to see the look on his face when he arrived for the appeal and
found me sitting there.



a guy i used to work with at the last shop i was employed at, before gettnig my own, quit. he didn't give notice or anything. he just told the boss, me, the boss's daughter, the tow truck dispatcher.....all of us eff u........and left. came back a week later with a flatbed for his toolbox. then i hear from the boss that he filed for unemployment. boss appealed it and lost.

 this particular person was/is a schmuck......well, he was so much more....i'm just keeping it clean to avoid the ban stick.

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Offline Tr1gg22

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Re: Won my unemployment appeal!!
« Reply #20 on: July 03, 2009, 09:46:01 AM »
WTG.

Was involved in an appeal on the other side of the desk so to speak.
Former employee turned in his two week notice then filed for unemployment
claiming that I fired him and forged the email containing his two week notice.
Was interesting to see the look on his face when he arrived for the appeal and
found me sitting there.


  the funny thing is even if u fired him he had no ground to stand on....Laid off would be a different story... My brother got fired from his job..unemployment will use anything against a person to not pay them...
"CO" of the Wobblin Gobblins...

Offline Getback

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Re: Won my unemployment appeal!!
« Reply #21 on: July 03, 2009, 10:43:38 AM »
  the funny thing is even if u fired him he had no ground to stand on....Laid off would be a different story... My brother got fired from his job..unemployment will use anything against a person to not pay them...

Oh lordy that is true! My ex-wife, my good friend, and another good friend (and golfing buddy) worked for the same company over the years at different times. Each were called into the office and told they would be fired if they didn't quit. Each said they told them to fire them if they wanted. My good friend just gave the company everything he had in order to save his job but was fired anyway. None of them won their appeal. Not a one. 2 of the 3 ended up quiting. In both of those cases their supervisor lied and told them they quit without provocation. I mean how do you prove that. It's a tough sell.

Tell your brother to appeal, then study the law of the state. If possible find some court cases that support his cause. In the hearing be honest, clear & concise. Do not over explain or move from your script. I say this for serveral reasons. One, you will eventually put your foot in your mouth. I've noticed those who just state the facts usually win. Second, the judge is human and these days very busy. The judge may think very quickly that you are a windbag and boring. They've heard it all before. last reason, stay on message. If you talk to much you will drift away from your points. When I reflect on the case I came so close to hurting my cause on numerous occasions. I would advise practicing prior to the hearing.

Now most don't know how the system works. Don't point fingers, absolutely not. No matter how you feel about the company's representative be respectful. Try to get them to make your case if at all possible.

The judge will ask the questions. You just give the facts. You don't have to prove beyond a shadow of a doubt. It's something less. Stay positive! By that I don't mean rah rah positive but back bone positive. Being sheepish is not rewarded. Last piece of advice, contact your state representative. Let them know what happened and ask for advice, not favor! They seem to be very sensitive these days. At a minimum they will point you towards resources. I know my state rep. really got involved when they let my appeal sit on someone's desk for a month. He was outraged! So if there is some hitch, let them know. It cannot hurt.

All the best to your brother. For the record, I'm not an attorney.

« Last Edit: July 03, 2009, 11:08:05 AM by Getback »

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Offline Die Hard

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Re: Won my unemployment appeal!!
« Reply #22 on: July 03, 2009, 01:28:21 PM »
I am, and I think you did great!

Ever wonder if you've missed your calling? ;)
It is better to be violent, if there is violence in our hearts, than to put on the cloak of nonviolence to cover impotence.

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Offline bigsky

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Re: Won my unemployment appeal!!
« Reply #23 on: July 03, 2009, 02:16:17 PM »
i went through an issue like this many years ago. i started a new job working as a carpenter for a gal who took over the business after her husband died.  i should have walked away after my first paycheck bounced. every paycheck after that was three to four days late and short of the agreed rate. no mistake on my part, she agreed to pay me that at the interview. so i quit, went to work for cash. she never gave me my last paycheck and i filed unemployment and lost wage claim out of spite. i got the unemployment but only though arbitration got 50% of my last check. but i still came out ahead. the state shut her down. she owed every lumberyard in town money and could not get credit at anyplace to do contracting work. the last i heard she was selling cellphones. i could go on and on about her antics but I'm not a fast typer. 
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Offline Getback

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Re: Won my unemployment appeal!!
« Reply #24 on: July 03, 2009, 04:57:30 PM »
I am, and I think you did great!

Ever wonder if you've missed your calling? ;)

 :lol :lol I was fortunate! That case could have gone either way and the odds in the beginning were not in my favor. Nope, don't feel I missed my calling. Although I am now 3 and 0 in court cases.  :D Well if there is any such thing as a winner in a divorce. In my first divorce, after I pulled a clever ploy on the opposing attorney, my attorney pulled me aside and said YOU WON!! I sure didn't feel like a winner. Stupid me married the same woman 10 years later (I'm a maroon) and yep, whipped her again in the second divorce. Got my house, my pensions, and about everything else. My second attorney was so brilliant, enthusiastic, and forthright he overshadows most other attorneys. I have to tell you that's been about 9 years ago and I still think well of that guy. He called me his favorite client.  :o
« Last Edit: July 03, 2009, 06:47:50 PM by Getback »

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Offline rogwar

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Re: Won my unemployment appeal!!
« Reply #25 on: July 03, 2009, 11:01:01 PM »
Great news! I'd check into law school.