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  1. #1

    Default UI Appeal

    My question involves unemployment benefits for the state of: IA

    My husband was terminated from his work place begin of feb. his termination letter clearly states performance. Then lists 3 dates when they say his standards werent up to where the company wanted him to be. We filed for unemployment and still to this date not recieved a penny.

    He had his fact finding interview a couple of weeks ago and the decision was he was able to recieve unemployment because performance isnt a reason to not get unemployment. During the fact finding interview the HR lady at the company kept bringing up attendance saying it was part of performance. She states he had 3 days of in a 90 day period, in which he did as i was hospitalised. But he was never warned of attendance as in 18 months he had 6 days off in total for ill health or because of me. And more to the point the 3 days off were sep, oct, nov, they then terminate him Feb 10th.

    The guy the conducted the fact finding interview stated that what is stated on the termination letter is what they base their decisions from. Even still HR had extra time to fax over other information to the UI office before we recieved the approval.

    The company has now appealed that decison and hubby has a phone interview with the judge.. on March 25th.

    Can they use attendance even though it wasnt down on his termination letter?

    Also they asked us to submit any evidence we have, which is none, or should we think ahead and send hospital records? or is that then going in favour of the company by showing he did have some time off?

    Any idea of what kind of questions are asked by the judge?

    Well thanks for any input you might be able to give us, going without money for this long has been very hard, so much so we are having to move back to MN to live with his family!!!!

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: UI Appeal

    All your husband can do is tell the truth during the appeal. (Answer the questions asked truthfully) Attendance is not "generally" a reason to deny benefits or is performance. However, the decision will be up to the ALJ.

    Good luck.

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