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  1. #1
    Join Date
    Jul 2013
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    9

    Default Employer is Contesting Unemployment Benefits, Claiming Misconduct

    My question involves unemployment benefits for the state of: New York. I filled for unemployment cause I was sent a text message from my supervisor that I was fired.when I filed they responded with a notice that I quit,that it needed further review. I sent in the documents showing to the contrary,afterward was called by a nys dept. of labor rep. Interrogating me on my response. The text read the bosses want a doctors letter for your absence. So I responded whatever bro, that's how we usually corespond with one another. So the rep turned around and denied my claim for misconduct due to my response, and also said I refused to give my employer such a letter.my day to return to work was suppose to be June 17, was let go June 12. My question is how can i deny them that request when I wasn't due back to work fo 5 more days?, and is that considered insubordination ( whatever bro)? Should I appeal or accept the denial.

  2. #2
    Join Date
    Apr 2009
    Location
    Inland Empire
    Posts
    1,410

    Default Re: Employer is Contesting Unemployment Benefits, Claiming Misconduct

    Quote Quoting zuna316
    View Post
    My question involves unemployment benefits for the state of: New York. I filled for unemployment cause I was sent a text message from my supervisor that I was fired.when I filed they responded with a notice that I quit,that it needed further review. I sent in the documents showing to the contrary,afterward was called by a nys dept. of labor rep. Interrogating me on my response. The text read the bosses want a doctors letter for your absence. So I responded whatever bro, that's how we usually corespond with one another. So the rep turned around and denied my claim for misconduct due to my response, and also said I refused to give my employer such a letter.my day to return to work was suppose to be June 17, was let go June 12. My question is how can i deny them that request when I wasn't due back to work fo 5 more days?, and is that considered insubordination ( whatever bro)? Should I appeal or accept the denial.
    If my employee sent me a text message like yours, I'd definitely call that insubordination. In fact, it was not wise of you to use that text message as a defense to your claim. It actually worked against you.

    My suggestion to you in the future is to always communicate via proper channels, using proper English, bro.

  3. #3
    Join Date
    Jul 2013
    Posts
    9

    Default Re: Employer is Contesting Unemployment Benefits, Claiming Misconduct

    I totally regret my choice of words, even more like you said sending in the response, but does it grant firing someone? First and foremost they didn't even claim insubordination, it was the rep. Who decided to use it against me. What I'am trying to say is he picked a defense for them because of my mistake of using the improper channels bro. Lol. No seriously though,a suspension would've been more appropriate I think, and can he change there reason for my termination?

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,209

    Default Re: Employer is Contesting Unemployment Benefits, Claiming Misconduct

    It doesn't matter what you think would have been more appropriate, and your employer can pick whatever defense he thinks is appropriate. You need to realize that the only one whose opinion counts is that of the unemployment adjuster (the labor rep, in your terms). They are the only ones who get to say if you do or do not get unemployment. It's not the employer's choice. I've had employees turned down for unemployment when I didn't even contest, because the adjuster determined based on the initial claim that the reason for termination was a disqualifier. If the unemployment rep thinks you were insubordinate, it really doesn't matter if the employer did.

  5. #5
    Join Date
    Jul 2013
    Posts
    9

    Default Re: Employer is Contesting Unemployment Benefits, Claiming Misconduct

    Unfortunately I can't or don't know how to attach a file but if you look at labor laws it says in one of the paragraphs that an employer can fire an employee due to misconduct, but the misconduct can be something that doesn't warrant disqualification of benefits.in appeal hearings there are also findings that an employer can't submit new evidence or change his original claim as to what the reason was for termination, therefore reversing the labor adjusters decision. I got rep. From documents they submitted to me as to what the title of the person reviewing my case was.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,209

    Default Re: Employer is Contesting Unemployment Benefits, Claiming Misconduct

    Yes, an employer can fire an employee due to misconduct. Yes, an employer can fire an employee for reasons that don't warrant disqualification.

    Neither statement means that your denial of benefits was improper.

  7. #7
    Join Date
    Jul 2013
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    9

    Unhappy Re: Employer is Contesting Unemployment Benefits, Claiming Misconduct

    Thanks for the advice , next time Ill use proper and civilized English.

  8. #8
    Join Date
    Mar 2012
    Posts
    1,337

    Default Re: Employer is Contesting Unemployment Benefits, Claiming Misconduct

    Appeal the decision. It's my personal opinion and from anecdotal evidence, the deputies are much harsher than the administrative law judge/hearing officers.

    Take the time to review the deputy notes and anything provided by the employer.

  9. #9
    Join Date
    Jul 2013
    Posts
    9

    Default Re: Employer is Contesting Unemployment Benefits, Claiming Misconduct

    @ chyvan thanks for the encouragement, that's what I plan to do. How soon you think I'll be able to review those notes?

  10. #10
    Join Date
    Mar 2012
    Posts
    1,337

    Default Re: Employer is Contesting Unemployment Benefits, Claiming Misconduct

    Don't know. The notes will either come with your appeal packet advising you of the date, time, and issue for your hearing, or the packet will contain an address where a file is located and when you can view it.

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