Denied Unemployment After Getting Fired for Breach of Job Duties

My question involves labor and employment law for the state of: Indiana

I was recently fired because my boss said was a lack of trust. She cited an incident but did not let me explain anything to her. Just had all my personal items packed in boxes.

She denied by unemployment because of "breach of job duties". Considering I never had a list of job duties except to do whatever it took to keep the office running and that was my account of what my job was. Basically she claimed to unemployment that I ordered items from Staples that she did not approve. However, she saw all orders from Staples and knew everything that was being ordered. I even asked her if I could order a $10 item to save on shipping and handling and she said that was fine as long as I paid it back which I did. She had asked me about items on other orders and I explained what they were. She even told me when she was out of the office and I was out of envelopes to go ahead and order what ever I needed/wanted. Because she knew she would see the order. One of the items she questioned was a free promotional items that Staples gives you with an order. We have done these in the past and use the items in the office.

She interviewed my replacement about a month before she let me go. She had worked with her before. Should I mention this since I can't really prove it. Except she told me the woman was coming in to interview. And afterword told me the woman wanted full-time and she could only offer part-time. Or that fact that I questioned her about a missing receipt from the book (and the copy) and she told me that she just took the cash because she didn't have any on her ($100). Or the fact that she had me order her personal home cleaning and paper products on the Staples account and she bought all her step-daughters back-to-school supplies on the Staples account..

I am appealing but I am unclear exactly what I should say in my appeal and how to word it. What would give me the best chance to win the appeal?

You would tell the truth. From what you are telling us, that would be that everything you did was authorized, that one of the questioned items was a freebie, and all items (including the freebie) were used by the business.

Your boss did not deny your unemployment - the state did.

She has an unconditional right to contest, just as you have an unconditional right to apply and both of you have the unconditional right to appeal if the decision goes against you. But the state, and only the state, decides when unemployment is granted and when it is denied.

An employer contesting does not automatically mean benefits are denied; an employer not contesting does not automatically mean benefit are granted.

Does that mean that you think I would or would not be able to get benefits? And how should I word it? Should I say anything about my replacement?
Thanks.

It doesn't mean either. I don't have an opinion on the matter. Just explaining how the process works.

commentator will be coming by later and she's very good at explaining how to word appeals. Hold on for her.

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Quoting inmom

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Does that mean that you think I would or would not be able to get benefits? And how should I word it?

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What you are writing is a REQUEST for an appeal. All you say is, "the determination dated mm/dd/yy is wrong. I want an appeal hearing scheduled."

That's it? I don't explain anything? I already had to talk to a Deputy at the Adjudication Center and he entered the denial.

You'll have your opportunity to do any explaining at the hearing. To do so now, just puts your employer on notice of your strategy.

About this, anyway, chyvan is right. You don't make your case in the request for appeal. You make your case during the appeal itself.

So how do I go about appealing the decision? My hearing is in 2 days. The reasons the employer gave are bogus, she said I ordered 2 items worth $18 that she never gave approval for. I asked her before if I could order an item and she said it was fine as long as I paid it back. I did. She said she didn't see where. I don't have access to the records anymore to prove where I did but I did. She orders personal items on the business credit card all the time and never pays it back. Just before this incident I questioned her about if we needed an 'Hello Kitty" backpack. She bought it and all school supplies for her step-child on the business credit card. Never paid it back. Never paid back any of the items she had me order for her home use. I also questioned her on a missing cash receipt from the book. The whole receipt had been torn out. She said that a client came in and paid cash. She didn't have any cash so she just took the cash, gave the receipt to the customer and tore the duplicated out of the book. Is this legal or ethical? I never had a job description, the person she hired to replace me came in for an interview and the place where she worked said she gave a 2 weeks notice which ended her employment on the week I was fired. She started in my old job that next week.