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  1. #1
    Join Date
    Jul 2007
    Location
    Maryland
    Posts
    4

    Default Employer Appealing Unemployment In Maryland

    My question involves unemployment benefits for the state of: Maryland.

    This isn't for myself but I'm looking to help a friend.

    We both worked for a physician's office, our employment overlaped one another for 10 months before I was "put on-call" and she was fired 2 weeks later. She filed for unemployment benefits and was approved. Just recently, the employer has appealed this and now a hearing is scheduled for this Wednesday.

    The employer will be having an attorney as well as 3 current employees present to testify, although the employer will no be there herself. My friend will be there and I plan to attend to testify in her defense, she cannot afford an attorney due to her husbands and mothers medical bills.

    The employer stated complaints of: "being too loud, asking too many questions, calling out of work for 1 day and not accepting an offer to see the physician as that is her primary doctor(she called out because her husband was bleeding all over her living room not because she herself was sick), talking about personal/family matters at work, and not being able to complete a satisfactory days work."

    We are relying on our testimony but she has no actual physical evidence to submit as the complaints were never noted or recordable in my opinion. What do you believe should we focus on or speak about at the hearing?

    Sorry for the long post.

  2. #2
    Join Date
    Jul 2005
    Location
    Texas
    Posts
    254

    Default Re: Employer Appealing Unemployment In Maryland

    Quote Quoting mdark1
    View Post
    My question involves unemployment benefits for the state of: Maryland.

    This isn't for myself but I'm looking to help a friend.

    We both worked for a physician's office, our employment overlaped one another for 10 months before I was "put on-call" and she was fired 2 weeks later. She filed for unemployment benefits and was approved. Just recently, the employer has appealed this and now a hearing is scheduled for this Wednesday.

    The employer will be having an attorney as well as 3 current employees present to testify, although the employer will no be there herself. My friend will be there and I plan to attend to testify in her defense, she cannot afford an attorney due to her husbands and mothers medical bills.

    The employer stated complaints of: "being too loud, asking too many questions, calling out of work for 1 day and not accepting an offer to see the physician as that is her primary doctor(she called out because her husband was bleeding all over her living room not because she herself was sick), talking about personal/family matters at work, and not being able to complete a satisfactory days work."

    We are relying on our testimony but she has no actual physical evidence to submit as the complaints were never noted or recordable in my opinion. What do you believe should we focus on or speak about at the hearing?

    Sorry for the long post.
    The burden of proof falls on the employer. If the employer cannot show that your friend was written up or any other documented evidence then they don't stand much a chance of prevailing. Your friend needs to make sure they ask questions that are relevant i.e. When did you issue me a write up or counsel me on such and such, and they better be able to provide some proof.

  3. #3
    Join Date
    Jul 2007
    Location
    Maryland
    Posts
    4

    Default Re: Employer Appealing Unemployment In Maryland

    Another question, are witnesses in this type of setting allowed in the room during testimony from other witnesses or no? Since the case is being heard at an unemployment office and not a court I wasn't sure if there was a difference.

    Also, is it too late to subpoena someone to attend? What time line do we have on that and if we can subpoena, does a lawyer have to do that or can a layperson perform this action?

    Lastly, since she does not have a lawyer, will she be allowed to just go up and make a statement since there is no lawyer to ask her questions on her behalf?

    Thanks for all the help!

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