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  1. #1
    Join Date
    Dec 2011
    Location
    Small Town, Iowa
    Posts
    24

    Unhappy How to File an Appeal for Denial of Unemployment Benefits

    My question involves unemployment benefits for the state of: IOWA
    I was fired for "actions that jeopardized the health, safety and well-being" of a client in service. I work for a group home for adults with intellectual and physical disabilities. Basically, a client got into my purse and pulled out a prescribed medication, and proceeded to chew on the bottle. (she was not attempting to access the meds, she just puts things in her mouth and doesn't know any better) I was working with another staff and was with a client when this happened. When she was discovered by other staff, she was standing with bottle in her mouth chewing on it, and the top had popped off the bottle and the pills were on the floor. Due to the multiple crushed (many to a powdery substance) it was not possible to count the pills left. Both staff did an immediate sweep of her mouth, and searched her face, hands, clothes etc for evidence of pills/powder. It was determined she had not ingested anything. Staff then cleaned up the mess. The next 4 hours this client did not exhibit any unusual behavior. Upon the 4th hour, she did something that was abnormal and for precautionary reasons due to the incident earlier, staff called 911. We were both fired. The company states she did not call a supervisor or medical personnel when this happened. This is true. We did not because we determined without a reason of a doubt that she was not able to ingest anything. (keep in mind this client almost injures herself every single day) My termination letter states several reasons: The client exhibited unusual behavior during this time and we did not notify medical personnel or supervisor. This is a lie...she never exhibited anything unusual until approx 7pm when I called 911. Another comment was made that my purse was left in an "unsecured area of her home." Also note that there is NO unsecured area. It is against company policy, and as they tell us all the time, against DIA regulations as it is restrictive and no locked cabinets are allowed in her home. Also note: Her parents have backed me up 100% through this. They even wrote a letter in my defense for my fact finding interview, and I was still denied for "gross negligence." I plan to appeal...but I don't know what to do. There have been ongoing issues with this company. They have refused to put protective measures in place for this client, even at her parents many requests...and they are throwing me under the bus to make themselves look better with DIA. On a last note, DIA has still not completed their investigation, but DHS has, and they closed handling as "unfounded." It is also important to notice that I have two prior write ups. The first was a med error. I neglected to give a client a med over a year ago. Please know...med errors are rampant in this company...even the nurse is constantly found making errors. Some people have them all the time. I had one a year ago. The second...a bigger issue. Written up for insubordination. During a state survey, the company states I was insubordinate to my supervisor who was present, was mean to the clients, called their food disgusting, made statements during dinner like "we don't use condiments" etc etc. This was all said by a supervisor who is a big liar. None of that happened. They claim the state surveyor said this, but refused to give me anything in writing, claiming it was mentioned during "casual conversation" with the surveyor. We also received a "deficiency free" survey. I appealed this write up with the company. Twice. Both times denied. To this day, they refused to talk to the other staff I was working with...who 100% backs me up. She was a witness, and they refused to take a statement from her. Funny how that same week that same supervisor "stepped down for personal reasons." She was in fact the one doing things against company policy, not me. So...do I even have a chance? What do I do? They don't care about listening to all this. Won't they just look at the fact that I had two prior write ups...and now this is my third strike??? I can even supply multiple cards and letters from my supervisors claiming what a good job I do, how I clearly care about the clients and how dedicated I am to my job. I've been there two years and never even missed a day of work. They had to pay out 160 hours of pto when they let me go. And it would have been more if there was a cap on it...that was the highest it could get to.

  2. #2
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: How to File an Appeal for Denial of Unemployment Benefits

    When filing an appeal, the so called "appeal letters" are really nothing more than appeal requests. They need be no more complicated than "the determination dated mm/dd/yy is wrong. I want an appeal hearing scheduled. Sincerely yours."

    From reading many denials, I'm of the opinion that deputies are denying claimants at the drop of a hat hoping that claimants won't appeal or file their appeal requests late saving the state money. You're chances on appeal are better than 50/50. Statistics published by ADP a company that offers unemployment cost control as part of their services, says that approximately 66% of appeals still go to claimants.

    I don't know the exact wording of IA's unemployment laws or the case law definition of misconduct, but if it's misconduct of a willful and wanton nature then you probably shouldn't have been denied.

    Even on appeal, the employer carries the burden. They have to prove what you did, and what you did has to be misconduct. Also, they might not show up. The only problem you might have is if IA has a "rules violation" provision. If there was a rule prohibiting you from having a prescription with you, that would be your weakest link.

    You also asked about prior write ups. UI doesn't work that way. They ask about the events leading up to your discharge. Unless those writes ups were for the same offense, they wouldn't apply.

    After you file your appeal, you'll be given the notes from the deputy or you'll have access to them at the location of the hearing so that you can see what you are up against.

    Also, it sounds like these events all occurred out of view of your employer, so you have a decided advantage because there will be only hearsay evidence on the part of your employer, and the only one that can sink you, is you. You just have to be careful how you say things.

  3. #3
    Join Date
    Dec 2011
    Location
    Small Town, Iowa
    Posts
    24

    Default Re: How to File an Appeal for Denial of Unemployment Benefits

    Thank you Chyvan for this information.
    I have decided to appeal. I was wondering if it would be in my best interest to have a lawyer draw up the appeal papers for me?

    - - - Updated - - -

    Another quick question: The denial also claims I may ask for a telephone hearing, or an in-person hearing. Would it be best if it were in person or does it matter?

  4. #4
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: How to File an Appeal for Denial of Unemployment Benefits

    The appeal request is so short that you'd be wasting your money to pay an attorney for that. You can have one with you at your hearing, but that is up to you. My personal opinion is that it's not worth it, but if you can get representation through a legal aid group then by all means take advantage of it.

    If the location of the hearing is convenient for you, I think you should go with an in-person hearing. I'm sure there are pluses and minuses to both both I can share with you why I feel this way.

    I had my hearing by phone. Submitting the evidence for a phone hearing was difficult because I had to make copies for the hearing officer and for the employer. When it came time for the hearing, the employer said they didn't receive my evidence, and it was all excluded, and rather than granting a continuance, the hearing office proceeded with the hearing, and I was at a decided disadvantage, and I lost, and had to appeal again. That cost me more time with no benefits while waiting. With a phone hearing, it's easier for an employer to have more witnesses against you because they only need to be near a phone to participate.

    With an in-person hearing, the ALJ or hearing officer has the benefit of body language to access credibility. It will probably restrict your employer from sending everyone involved, but only one person, and hopefully that one person will have no first-hand testimony of the events, or they might not show at all because they are just too busy, and that is gold when it happens in a discharge case.

  5. #5
    Join Date
    Dec 2011
    Location
    Small Town, Iowa
    Posts
    24

    Default Re: How to File an Appeal for Denial of Unemployment Benefits

    UPDATE: I was able to get counsel through Legal Aid. My appeal was on Mar 26th. I was told it would be 10-14 days. Today is the 14th day. I contacted the Appeals office and was told there was no determination from the judge yet. My lawyer was wonderful. The company had 3 people present as "witnesses" while I had one, who happened to be the mother of the client I was fired for "neglecting." I worked for a group home. The mother defended me and was witness to the ongoing problems with this company. The background can be found in my initial post. So, we all thought the appeal went great. My atty even caught them on several lies. At one point, the Executive Director who made a completely false comment had to come back and state "I was incorrect, I misspoke." At one point the judge asked if DIA found fault with me, they admitted no, they had not. When then asked if DIA found fault with them, they admitted, yes, DIA stated they needed to have more protective measures in place for this client. So, back to it being the 14th day. I was so sure it would come back quickly. However, no determination yet. I'm really worried. I've been without work since early December. I don't know what to do...I can't get a job...I have been trying.

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