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  1. #1
    Join Date
    Jun 2010
    Posts
    3

    Default Unemployment Benefits Denied

    Hi my unemployment benefits were denied and I am preparing a letter to appeal this.I have never done this before and I am posting the letter for some advice and or some help with this letter Thank You

    Claimant
    I am appealing the denial of my unemployment benefits On the grounds of lack of information that i feel i should of been supplied, prior to my employer requesting my registration on the Companys public web site that host personal information on all there employees,Tax information,Addresses,Names,W2 Information.
    1.Registering on any web site requires personal information (Name,Address,SSN,To verify who you are for a positive ID).Revealing this information will give THIEF'S /HACKERS etc,the means of accessing your Personal/Financial/and Medical Records to exploit your personal information.
    As Company Name is a employer they should highly respect this information and if they request this type of information on the world wide web knowing that some of there employees will have a problem with this, it is only natural for people to want to protect them self's from being exposed in this manner.
    In the event that this is a new policy they should prepare accurate Information by (Training Videos or secessions, Postings ETC. As Company Name has always done), and a full understanding of the process and give there employees a fair opportunity to act accordingly and this was not done.
    We all have surfed the internet and have seen messages like the links I am providing in the next few lines from our ( government, privacy rights.org ETC).
    http://www.ftc.gov/bcp/edu/pubs/cons...ts/alt106.shtm
    http://2010.census.gov/2010census/privacy/index.php
    http://www.ftc.gov/bcp/edu/microsites/idtheft/
    http://www.ftc.gov/bcp/edu/microsite...ers/deter.html
    http://www.privacyrights.org/fs/fs10-ssn.htm
    http://www.justice.gov/criminal/frau...s/idtheft.html
    I can post hundreds of these links but i think this will get my point to you.
    June 13 2010 around 9 am I had gone through a training session for the new hand held scanners for scanning freight for pickups.John Doe (Dispatcher) had told me i had to go online and take a test .I had told him i was not going to enter my personal information online to take this test, his reply was yes you are. June 14 2010 in the pm around 1800 John Doe (Terminal Manager)Had told me I had to go online and take the hand held scanner test, I replied again I will not enter personal information on the website to take this test, he replied it is your choice.June 15 2010 around 2000 John Doe (Dispatcher) had approached me on the dock and said you need to take the Hand Held scanner test online, I replied again I will not enter personal information online to take this test,he then told me I would be suspended pending termination, I then ask him what he wanted me to do put my bills back on the board and go home he replied yes you are suspended pending termination.On my way out John Doe (Dispatcher) had went and gotten another supervisor and ask the same questions again in a much more stern and intimidating voice and kept repeating himself,he had already suspended me and was trying to flame a situation.
    Obviously there was a misunderstanding as my reply was (I will not enter personal information online to take the test)I had found out latter the following week that I did not have to enter personal information to take this test and they were well aware of this all this time.
    Per my conversation with John Doe (Terminal Manager)
    on the following week I don't remember the exact date I had called John doe and ask him what the procedure was on the suspension.
    He had ask me what happened I then explained what had happened.John Doe (Terminal Manager) then explained to me that you don not have to enter your personal information to register on the company website,the website is a secure INTRANET not the INTERNET site,it is setup like banks and all the information is already there and you do not transmit any information online, as it is already there The only thing that is transmitted is your employee number and all information is encrypted and there is no way your personal information will be intercepted by any one.
    My question is since there was a issue on my part on this why didn't they explain this to me before hand.

  2. #2
    Join Date
    Dec 2009
    Posts
    4

    Default Re: Unemployment Benefits Denied

    I am only familiar with the California UI appeal process. First of all, I assume you were eventually terminated. In my opinion, you should should simplify your letter. Your reason for appeal(assuming that you have not left anything out) should state that you were terminated without just cause. In the appeal hearing, the employer needs to show that the employee was provided sufficient knowledge, warnings and opportunity to improve, before they terminated you. Also, they have to document that they clearly conveyed to you that you can lose your job if you didn't correct whatever misbehavior or violation of policy that you were accused of.
    If I were you, I would remove the entire section of your letter about the dangers of identity theft and links. Most cases, you will have a hearing and be able to present that information to the "judge". I personally do not think that you have to convince anyone about the dangers of identity theft through internet hackers. Unless someone has been sleeping for 10 years, everyone will understand your concern. Instead, save your energy and concentrate on wether your employer terminated you correctly and WITH CAUSE. Did they DOCUMENT that they gave you proper warnings (counseling), and proper information in order to give you a chance to improve whatever was wrong? If they missed something, then they will normally lose. The employer needs to have "all their ducks in a row" or else, they cannot prove that a termination was just. So in other words, in your letter, open up with that you are appealing because you were terminated without just cause. detail the events like you did. State that you were concerened about identity theft and that no one PROPERLY addressed your VALID concerns until a later date when it was already too late. I hope this helped. Good luck.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,947

    Default Re: Unemployment Benefits Denied

    Was this a secure website?

  4. #4

    Default Re: Unemployment Benefits Denied

    I agree with Shadow47. All you really need to do is say you disagree in the appeal form, you will get a chance to explain it at yor hearing. SInce this was an Intranet, not the Internet, you didn't have to worry of your info being secure or not.....but they will have to prove that they told you this before they suspended/terminated you. Even so, it still doesn't sound like gross misconduct to me and I think you will prevail.

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