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  1. #21
    Join Date
    Aug 2013
    Posts
    284

    Default Re: Employer is Contesting Unemployment Claim After I Stopped Receiving Benefits

    Is this fear warranted? >>>

    No. GO TO THE APPEAL!!! GO TO THE APPEAL!!! GO TO THE APPEAL!!! Hopefully someone got through to you on that point.

    In the 1980s we had an employee pulled over DUI, punched out the cop, and basically was no-call, no-show, vanished from the face of the earth for 3 months. He claims he had no way of contacting us even though we had employees whom he called whom told us what was happening. We terminated him for violating "no-show, no-call" policy. KISS. He filed for UI, we challenged him. At the last minute my boss decided to attend. My boss would not shut up. He would not listen to the ALJ. He lectured the ALJ on how to do his (the ALJ's job). We managed to lose a slam dunk case. If the ALJ could have put my boss in prison, he would have.

    There are no sure things here, but failing to show is about as sure thing as it gets. It means only the other side presents their version of the "facts". Past that LISTEN to the ALJ and do what he/she says. If you have paper, make 2 copies. Be nice. Do not use 10 words when 2 will do. Less is more. The ALJ is like a bus driver. They have heard everything twice and they will side with whoever does not p*** them off. Your version of the facts sound fine, but your former employer can always use the "liar, liar, pants on fire" gambit. This is why you want the ALJ to like you. The easiest way to do that is not waste their time or treat them like an idiot.

  2. #22

    Default Re: Employer is Contesting Unemployment Claim After I Stopped Receiving Benefits

    Thank you for this, and to everyone.

    This has actually made me feel a lot better. I suppose I will be going to the hearing now, I will just tell the truth and whatever is decided is what they decide. I see now that I have to stick up for myself in this case, and I will. I truly wish that I didn't have to do this, because I do not like those people, and wanted to avoid it, but it is really sounding like I have no choice, so I will do what must be done.

    That I can't be sued in 'real' court over this is relieving. I'm as ignorant to the law as any layperson, no more or no less. So I am not 100% on what they can take me to court for.

    If they cannot take me to court for anything that happened in work, we had our share of arguments, but nobody did anything illegal as far as I know, then that is relieving. My sincerest wish is that this situation is over and done with after this unemployment business.

  3. #23
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Employer is Contesting Unemployment Claim After I Stopped Receiving Benefits

    This is essentially good advice. The hearing officer (ALJ, whatever they're called) is supposed to be neutral. But they are human and subject to their own perceptions. Sometimes in order to follow the law the appeals officer finds themselves in a position where they have to hold their nose and approve or deny a claim in favor of a party who is really obnoxious.

    But even as it is true in the court system, it does not pay to piss off the judge, even though they are trying to make sure the laws are followed. They are supposed to conduct the appeals hearing in a certain format, and if stories differ, they must decide which of the two parties is more believable. I have seen both employers and claimants talk their way out of being found the more believable party. But my advice is the same. Tell the truth. Be quiet, concise (don't argue or offer too much information) and professional. Listen carefully to what the hearing officer tells you to do. Do not interrupt. Do not talk too much or bring up irrelevant information that has not been asked for. Do not argue with your former employer. But above all, do go to the hearing. You can complain about a 'broken system' which gives the employer the right to appeal the decision, but it works both ways. You are being given the right to represent yourself in this system as well, and if you do not exercise this right, you very well may end up paying everything back and with penalties.

    I think you have a slight misapprehension about the employer "taking you to court." Okay, anyone can sue anyone for just about anything. But if you have done nothing illegal, what would be the advantage of "taking you to court"? What do you think they could sue you for doing? What would it accomplish? Suing people takes plenty of time and money. If you do not win the lawsuit, you have spent all this time and money for no purpose. I think these people were making threats to frighten and intimidate you. Hope it goes well in your hearing.

  4. #24

    Default Re: Employer is Contesting Unemployment Claim After I Stopped Receiving Benefits

    Again, thank you so much for this. I was so uninformed before making this thread, thinking not going was a viable option, that I am so glad I came here for advice.

    I feel more confident than ever, and plan to attend the hearing. I don't want to get stuck in a position where I have to pay the funds back, or am penalized in some way. The main argument they are bringing forth (which is 100% completely false), is something I am confident I can argue against, because the claim was just made up, with no evidence or proof, because it isn't true.

    I felt very vulnerable in the position I was in at that job, for a variety of reason, and, unfortunately, I know cruel intimidation tactics were used against me and I am still kicking myself over not simply leaving the job when I had the chance. Well, I suppose now this is the result of staying.

    Thanks again for all the help, and I can say everyone here at this forum has totally changed my mind, and I will go to the hearing. I will be sure to follow what you have said in the post as well, thank you for those tips!

    Quote Quoting DAWW
    View Post
    GO TO THE APPEAL!!! GO TO THE APPEAL!!! GO TO THE APPEAL!!! Hopefully someone got through to you on that point.
    Thank you, very good info I will be following this.

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