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  1. #1
    Join Date
    Jul 2016
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    2

    Exclamation What Happens During a Fact-Finding Interview for Unemployment

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

    Hello everyone,

    I was fired on July 12th 2016 for productivity where I last worked at I instantly applied unemployment benefits the day after everything was going good until I got a notice today from Employment Commission for a fact-finding interview.

    It says whether or not I was discharged suspended for misconduct and I am greatly confused because productivity misconduct is two different things so is my old employer verify my employment benefits and what should I say at the fact-finding interview any tips and advice will help me greatly thank you.

  2. #2
    Join Date
    Jan 2015
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    1,142

    Default Re: Fact-Finding Interview

    Please check my answer on the other forum. As I said, there's no problem with the fact that they may say something different. The unemployment system will go with the more believable of the two parties. Just keep your story as it was and as simple as possible.

  3. #3
    Join Date
    Jul 2016
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    2

    Default Re: Fact-Finding Interview

    So I just have to tell that what really went on and be 100% honest about it? Many people told me when they had an fact-finding interview and when the words " I tried my best" they were denied.

  4. #4
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    Jan 2015
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    Default Re: Fact-Finding Interview

    So what ELSE do you think you could tell them? You are filing a claim for unemployment insurance. If you lie about what happened, you are committing fraud to obtain benefits. That's not a good idea at all. You can present the information so that you don't tell them anything unnecessary that is going to be detrimental to your situation, but what happened has already happened.
    You can't change that. Yes, many people are denied. In order to draw benefits, you are supposed to be out of work through no fault of your own. If you are, you are.

    You can usually, we hope, always say, "I did my job to the best of my abilities." If you can't truthfully say that, don't say anything about it. In firings for performance issues, it is rarely a bad thing to say. Being unable to do your job adequately isn't misconduct if you tried. The employer's expectations may be unreasonable. They might ask you to sell fifty vacuum cleaners a month. They might ask you to spin straw into gold. If you didn't do your job because you didn't try, didn't care, made no effort at all, etc. that is misconduct.

    Answer the questions in the fact finding honestly and briefly. Do not dissemble, hem and haw, or try to be clever, quote unemployment law, or argue with the fact finder. If you are denied in the initial decision, come back and we will try to help you word your appeal to your benefit. But facts are facts. You must deal with what they are. This isn't a criminal case this is an agency hearing, and you will not get to brilliantly argue in front of a judge and jury. You just say what happened, and they'll say what happened, and the decision will be made based on unemployment law and which of your stories is more believable.

  5. #5
    Join Date
    Dec 2015
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    272

    Default Re: Fact-Finding Interview

    As someone who had to go through a fact-finding interview for unemployment benefits, here's my advice (very similar to what comment/ator suggested): explain your side of the story as succinctly and clearly as possible. These people conducting the interviews have heard it all from everyone else. Just be honest, explain you did your job to the best of your ability and worked hard at it. Being fired for under performing is not a disqualification to receiving benefits. Answer the interviewer's questions directly and quickly. Don't add in all kinds of fluff.

  6. #6
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: Fact-Finding Interview

    Quote Quoting KBoy420
    View Post
    Being fired for under performing is not a disqualification to receiving benefits.
    It can, and that's why people make mistakes that result in denials. If the employer can show that you used to do a good job, and now aren't, that looks to be deliberate in many state UI systems.

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