Unemployment Benefits Appeal

[jasonfb]

My question involves unemployment benefits for the state of: MA.
I just sent out a appeal because I was denied unemployment benifits and it states: "that I was discharged because I failed to follow proper procedures when cutting metal to to deliberate misconduct in willful disregard for the emplying units intrest." I had made a mistake on a order I had cut. I followed all procedures while cutting the order. It was a clear mistake. I was not the only on who made the mistake. The order went through 6 people before the mistake was caught. It just happens because I cut the material I take the fall. I did everything possible to prevent the mistake from happening. I defintly didnt make the mistake on purpose. Once the mistake was finally caught I did not hide it but went and spoke to the president and told himwhat happened. Intially he told me I was to get a written warning and could keep my job. I left the office and than my imedate supervisor went to speak with him and after his meeting he came out and told me to grab myy stuff and leave. I than went to go and speak with the plant manager and the president and they told me to take a week without pay. The same day I went home for my suspension i typed a email to the plant manager and president saying i was sorry for the mistake and it would not happen agian. I stated I would do anything to keep my job. Less than a hour later I recieved a email from the plant manager stating my services were no longer needed.

I typed up a breakdown of eveything I did on the job I made the mistake on . Trying to show I did follow the procedures and it was human error. I plan on bringing that with me to court. I also included That i worked for the company for 5 years. I processed a average of 8-10 orders daily. That is aprox.2080-2600 jobs a year. Out of all those jobs I make a max of 4 mistakes a year. thats 99.85% accuracy.I also have all my reviews that were very exemptional. I have many letters stating what a great job I do for the company and great recomindations.I also have no written warnings to my knowledge recently.I think I have one warning from about 2 years.I requested my file from my employeer.
I would just like to know what my chances are to have the decision overturned in the appeal. Do they have to prove I delibratly made the mistake or do I have to prove I didnt ? I never hid the mistake or did anything that I can see as beeing misconduct. I hope the judge knows peple make mistakes and it was not deliberate. I did everything I could to keep my job but it was out of my control. What should I do hrlp my case? I really apreciate anyone who can help.
Thanks, Jason.

[diannamichaelson]

It's benefits, not benifits!!

[cbg]

Your chances are anywhere between zero and 100%.

[CaliforniaGrad]

It's benefits, not benifits!!

That's just inappropriate. People are looking for advice, not spelling corrections.

[panther10758]

cbg answered your question

[CaliforniaGrad]

Jason-I'm not a lawyer and I just went through the system as an employee seeking benefits. my employer said I had misconduct pertaining to my poor performance. they lost and I was deemed ellegible for benefits.

From my experience, you sound like you have a good chance at a win. It is very hard for an employer to be able to prove misconduct, unless you went on a rampage and hit someone or cursed your employer out or had complete disregard for your work (e.g. didn't care to perform well on a daily basis). If you made a mistake on the job, but otherwise had great performance, the court will be in your favor.

Insert the qualifications of misconduct here: You should aslo look this up through your unemployment office website. I did.

The only pitfall is if they have warned you about mistakes in the past (formal or not).
If you have a history of mistakes, they may be able to say you had already been given chances and that you continually did not perform well enough to keep on board. AND, if they have thoroughly trained you on the cutting procedure and you intentionally did not follow the directions in effort to hurry the process (or whatever), you may be found at fault.

With those 2 reasons out of the picture, i think the judge will see you made an honest mistake. Be sure to bring all your review documents and that copy of your file to see what you've been in trouble for in the past, so you are ready to explain your argument of why these don't constitute misconduct.

Outline if they are related or not. It looks like you've already outlined the process of the mistake that was a catalyst for your discharge, but be sure you know the background of any and all formal warnings and writeups.

And whatever you do, don't go in thinking the judge is your friend. I made that mistake thinking the judge would be lenient on the employee and i was completely wrong. The judge questioned me thoroughly and again and made very accusational remarks about my performance. So just be prepared...and stick to your guns. If you're honest and clear, she/he will see you weren't intentional.

GL!

[jasonfb]

Thank you very much for the imput. I think I have a real good case too. I recieved my employee file. I have only had one warning over the 5 years I worked for the company. The warning was not over the same reason I was fired either and It was from 2 years ago. I have exceptional reviews and have letters from managment stating what a good employee I am and giving great statments on my work performance. However after I was terminated my employeer decided to stick 4 writeups in my file all dated between 6-2-08 to 6-4-08. I was not even working for the company, I was already fired. I never was made aware of them and didnt sign them. I believe it was a bad attempt to make me look like a bad employee and actually think that works better for me than them because it makes them look like they were trying to sabatoge my file for when I went for appeal.

[jasonfb]

I just came back from my appeal. I think it went really well. My Ex- boss showed up to represent the employer. He was completly unprepared and did not have any kind of evidence, let alone any substantual evidence showing that I was fired for delibrate misconduct. He contradicted himself several times on what I was fired over and had tried to make my employee file look bad by adding 4 formal writeups after I was fired in which he said I was told about them and I knew I was getting the warnings and that I had signed them.It was impossible to tell me about them because I was fired before they were written up and the only reason I knew about them was because I requested my file. Also it is funny to mention that it came down to I didnt sign them like he stated. He lied. In my five years working for these jerks I had only had one write up that was signed by myself. All the others that were not signed and where all dated from 6-2 to 6-4. I wasnt employed there at that time . That really made him look bad because that with all my great reviews and recomendations it made them appear to the appeal reviewer that they tried to sabotoge my file after the fact to make me look bad. I think that this guy came in thinking he would intimidate me like he had done when I worked there and be able to mess my case all up. At one point when I was testifiing my old boss started making noises as if I was lying. Real mature right. But yet after my testimoney he only asked me one irrelivant question in which the case reviewer yeld at him. It felt so good to represent myself so well and him so bad. It was so nice to finally have the upperhand over this asshole who would always look down at me and treat me like garbage. Its nice to have the chance to make this clown look like a piece of crap when he would always make me look like a piece of crap while I worked for the company and after. He even had the nerve to say that the company doesnt allow mistakes and they never should happen. Funny I never heard of a company that hasnt had mistakes made. Also all the things I was written up for were never for the same mistake making it look as if after I am talked to about somthing I did wrong I stop and that same mistake never happens agian. If I win this apeal which I think that I will I want him to appeal agian so I can give him some more taste of his own medicine. Wish me luck and thanks to the people who actually helped me in this forum.