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| *Ostroff, Fair and Company>>>Law & Legal |
Has anyone gone through an unemployment comp. appeal? |
Hubby got fired in July and we went through all the unemplyment stuff and was approved. I am assuming that right after he was approved his job started the 'fight'. Its complicated to describe why he was fired due to his job. But they only really have their word to prove their point but on the other hand all we have is our word to prove hes right. Now we have an appeal date (that his ex-job started) coming up. I am worried. Everyone we talk to says a lot of jobs do it just as a last ditch effort to keep from paying. We are going to talk to a lawyer on Monday. Has anyone gone through one of these? Whats it like? Does everyone feel its just something a job will do to keep from paying? I am very worried since this is the only income right now (lots of possibilities for other jobs but nothing set in stone). Basically I am looking for some reasurrance that this happens alot. But if it doesn't then I would like to know that also. Thank you I've been through this before. While it's not pleasant, it's not the end of the world either. The Unemployment Commission assigned me an attorney who I talked to before the hearing date. I explained why, what, when and where. He called back the morning of the hearing and the rules of the conference call were explained. Each party had time to talk and state their case. I went last. I got a little carried away and my lawyer admonished me for going on in length and detail what had transpired. He was interupted by the judge who told him to let me talk if I had something to say. I explained I was in no position to intentionally get myself terminated and why. Then after two weeks, a check showed up in my mailbox for $5,000 with a letter stating that every two weeks afterward, I would be getitng checks for $350 each week. Not a windfall, but sure kept the home fires burning a little brighter. Don't despair. Be honest, straightforward and determined. You can win Source(s): former victim Unfortunately it does happen a lot. Lots of companies believe cuz they fire someone they have a right not to pay them for unemployment. Fight and fight hard! It does happen all the time. Don't waste your money on a lawyer right away,probably won't even need it. If no one shows up for the hearing from his ex-job,he automatically wins,and they most likely won't. This has happened to me twice already. A lot of companies do this automatically. Their insurance rates go up if they have claims, just like any insurance, so it is worth their effort to fight them. I appealed and got the money. I didn't waste money I didn't have on a lawyer; the system is geared for the worker, not the employer. yes if you can prove you case with records you can win Yes, I had also recieved benefits due to a situation, I quit my job, was approved for UC, however my company appealed that decision, which is their legal right to do so. An appeal hearing was scheduled in front of a "referee" and both parties attended. UC will send you a pamphlet on preparing for an appeals hearing, PLEASE read it as it really does help you to understand and prepare for an appeals hearing. In my case, it was my word against theirs, however I backed up my claims with facts and witnesses, I also looked up cases similar to mine in the UC data bank and brought them with me, because the Referee had found in favor of the claimant and not the employer, the more prepared you are, the better your chances of success. ARM yourself, remember YOU have the burden of proof, not the employer, so make your case!!!!! I wish you luck!!! |
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