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  1. #1
    Join Date
    Jun 2012
    Location
    Texas
    Posts
    8

    Default Uncontested Unemployment Appeal

    My question involves unemployment benefits for the state of: Texas

    I was denied unemployment benefits and am preparing for an appeal on Monday. My employer did not deny these benefits to be paid, however the Unemployment Agency decided I had violated company rules and policies, rendering me disqualified. My employer also did not respond to the appeal process. I am to have a telephone hearing on Monday. The facts of this are rather confusing. I was partially at fault. And in my initial request for benefits, I stated those.( Probably a bad decision now looking back. I am honest to a fault sometimes. ) My questions are these: 1. If during the appeal, the employer is not present or refusing benefits, can the Unemployment Agency still deny me benefits? 2. What and how should I prepare for this? Thanks!

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
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    14,434

    Default Re: An Uncontested Unemployment Appeal

    They can deny your benefits as a matter of law. You cannot prepare, you can tell the truth and let them apply the law.
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  3. #3
    Join Date
    Mar 2012
    Posts
    564

    Default Re: An Uncontested Unemployment Appeal

    To question 1, yes, you can still be denied.

    To question 2, if by Monday, you mean tomorrow, you're a little late asking. The best time to prepare for an unemployment hearing is before you leave your place of employment. Once you're gone, you lose access to emails, documentation, and various other things that could really help your case.

    Just remember that anything you say to help yourself that's not corroborated is given little to no weight. Anything you say that hurts you is given great weight even when not corroborated because statements against self-interest are perceived to be true.

  4. #4
    Join Date
    Jan 2006
    Posts
    27,283

    Default Re: An Uncontested Unemployment Appeal

    1. If during the appeal, the employer is not present or refusing benefits, can the Unemployment Agency still deny me benefits?
    yes, if the facts support that decision

    2. What and how should I prepare for this?
    prepare? for what?


    let me take this to an extreme so it might be a bit clearer. There are some basic rules to qualifying for unemployment payments. One of them is that the termination is due to no fault of the employee. So, let's say the employee intentionally burned the building down (and had admitted it). The employer doesn't respond to the UI inquiry and does not show for the subsequent appeal because the UI folks dq'd the applicant because his unemployment was due to his own actions.

    So, do you believe that because the company did not respond to the inquiry or the appeal the applicant should be approved for UI? It is obvious the employee was out of work due to their own acts and had nothing to do with the company terminating them, correct?


    you don't say if you were terminated by the company or self terminated. If self terminated, you are likely screwed. If company terminated, it would appear you were terminated for cause which typically dq's the applicant.

    explain the termination a bit. It might help clarify the situation and allow somebody to see something to help you.

  5. #5
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,560

    Default Re: An Uncontested Unemployment Appeal

    Even if you win your appeal, your former employer can appeal the decision....

    Been there, done it, 9 months. I won every round, they finally gave up because next appeal would have cost them $900 to file. (Don't know how it works in your state, but that is how it works in Michigan).

  6. #6
    Join Date
    Jan 2006
    Posts
    27,283

    Default Re: An Uncontested Unemployment Appeal

    Quote Quoting PandorasBox
    View Post
    Even if you win your appeal, your former employer can appeal the decision....

    Been there, done it, 9 months. I won every round, they finally gave up because next appeal would have cost them $900 to file. (Don't know how it works in your state, but that is how it works in Michigan).
    I would argue they gave up their right to appeal due to a lack of denial or even response to the current actions. Equitable estoppel. They waited too long to speak up.


    the only argument they could have to rebut that is they never got notice of the UI application.

  7. #7
    Join Date
    Jun 2012
    Location
    Texas
    Posts
    8

    Default Re: An Uncontested Unemployment Appeal

    I appreciate all the response to this query. I wasnt sure how much to say on here, but I will try to explain a little more. I was terminated, not self terminated. At the time of termination, I was participating in a peer assistance program for nurses. As part of this program, which is unrelated to work, I have to follow certain guidelines. I failed to do that, in which the peer assistance program stated that I needed to restart the two year program. At this point, my employers were notified of my restart and did not want to keep me on as an employee. They certainly have that right. And in all honesty, I think they are supposed to follow the guidelines of the peer assistance program and allow a restart. This is because I joined the program voluntarily. That is going to be the basis of my arguement. I just dont know if it will be enough to win. I should have just kept my mouth shut, but I didnt. Thanks again to everyone for their opinion and voice.

  8. #8
    Join Date
    Jan 2006
    Posts
    27,283

    Default Re: An Uncontested Unemployment Appeal

    Not understanding what happened. You were in a voluntary program, which did not involve your employer, yet when you were told you had to start the program over, your employer terminated you.

    why would your your peer assistance program contact your employer? There had to be some relationship there for them to bother with that.

    With the added info, although I am a bit lost with it, I do not see why you were denied unemployment, especially since they did not respond to or deny your application. I have to suspect it had to do with how you explained things.

    When you were terminated, what was the employers justification?

  9. #9
    Join Date
    Jun 2012
    Location
    Texas
    Posts
    8

    Default Re: An Uncontested Unemployment Appeal

    Sorry about the confusion. When a nurse decides to get assistance from a state sponsored peer group, they have the option of notifying their employer. I decided to do this, because I really did need the help and assistance work could provide me also...such as not floating to other areas, no forced overtime, etc. So that is why work was involved. And you're right. It was the way I explained things. And I can also understand why the Unemployment people were confused. It is a confusing topic. I went to the peer assistance program for assistance with some prescribed medications that I have taken for years. Which I wanted to get off of. One of the rules of the peer assistance program is to have neg. drug screens for two years. I was tested on a Thurs. and the test was positive. Friday and Monday tested again, neg. When asked about the medication I took, I told the truth. It was a prescribed medication. But I had failed to notify the peer assistance program that I was taking any medications, as they required. So, since it wasnt a med taken at work, and all the other screens were negative, they said I could just restart the program.Technically, this has nothing to do with work, except for the fact that as per my request, all info was to be shared with the employer. This is a small community hospital, and they have never dealt with peer assistance before, so they didnt really know the agreement. Now, UI states "NPD ruling for employer. Claimant was aware of the company policy regarding prescription medications. Conclusion: Fired-Violation of company rules and policies. Disqualified."

    The employer's justification in termination was that they thought one strike and you're out. But that isnt the way this program is when you enter it as I did.

    Thanks!

    - - - Updated - - -

    Also to note, Yes I think it was in the way that I explained it. UI believes I failed a work ordered drug screen, which I did not. That is where I think they misunderstood me.

  10. #10
    Join Date
    Jan 2006
    Posts
    27,283

    Default Re: An Uncontested Unemployment Appeal

    Claimant was aware of the company policy regarding prescription medications. Conclusion: Fired-Violation of company rules and policies. Disqualified."
    but were you?

    Was taking whatever med it was a violation of your employment, not your attendance in the peer assistance group? If it wasn't, then you did not violate company rules and should not have been dq'd.


    UI believes I failed a work ordered drug screen, which I did not. That is where I think they misunderstood me.
    it doesn't matter if it was a work ordered screen or not. If taking the med was a violation, then it doesn't matter how it was discovered.

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