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Employer filed an appeal for unemployment eligibility

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terrortea

Member
What is the name of your state? Pennsylvania

I want some advice on whether this is a good argument and If I have a chance of winning this appeal. I think It's pretty good but a second opinion wouldn't hurt.
This may be long but I feel it's appropriate to get the full idea in. I was terminated on September 25th, and approved for unemployment on November 6th. A whopping $760 a month.
At the time of my termination the HR rep said that I am eligible for unemployment benefits. They said they did not feel I was a good fit for the position. The whole team was bummed I got terminated, even my boss wrote me a very nice e-mail after I sent him an e-mail appreciating the job opportunity.

I got an appeal letter a few days ago that was rather aggressive. My boss stated I was working on personal artwork for my online shop during work hours. This is completely true. Then he goes on to say that it's clearly the reason why I was unable to do my work correctly and that all of the work I did had to be re-done by other employees after I was terminated.

So here's where it gets frustrating: After I was terminated, they posted for my position only part time. Why? Because I didn't have work to do for half of the time I was there. I consistently asked the entire marketing department, as well as people I worked with outside of the marketing department if they had anything I could do, if I could help them with their work, etc. I even asked my boss if he had anything for me, and he consistently told me no, and that I need to ask the senior designers. Which I constantly did, nearly every day. After a while I didn't ask as much because they never had anything for me. I was told by the senior designers to read blogs and do tutorials, even though they seemed to be swamped with work but somehow were not able to give me anything to do? If they did not give me work because they felt I wasn't good enough, then that isn't allowing me to work to my fullest potential in the position. One of the designers even told me I could go on Facebook or doodle as long as no one sees me doing it. I decided to work on my own things for my online shop because then I could be productive and make money. If I had work to do, I would not have been doing that. I was also reprimanded twice for not focusing or being on my phone when I had no work to do. My last month there I just didn't care anymore because there was serious miscommunication in the marketing department, poor management and not enough work for me. I was not surprised when I was terminated because they clearly over-hired.
In addition, my main job was creating spec sheets, sell sheets and instruction sheets. I would complete these, and then send them to be proof read, I would edit them and then they were approved. If these were wrong, how is that my fault? If incorrect work is consistently being approved that is only due to manager negligence and miscommunication. In no way is that my responsibility. There were also several times I did work "wrong" not because it was actually wrong but because I was told several different things in regards to it and then it got changed or protocols changed without me being notified.

Opinions?
 


terrortea

Member
LOL no, I admit it was not the best move. But I probably would have gotten fired If I sat there for 5 hours and twittled my thumbs too.
Might as well be productive if they consistently refuse to give me work.
 

PayrollHRGuy

Senior Member
You were in effect stealing time from your employer and you admit it. That is an excellent basis for a discharge and disqualification.
 

terrortea

Member
You were in effect stealing time from your employer and you admit it. That is an excellent basis for a discharge and disqualification.
Even though they didn't terminate me based on that fact, and told me I was eligible for unemployment but then appealed it? Isn't the unemployment eligibility based on the reason of termination, not anything discovered after the fact?
 

Zigner

Senior Member, Non-Attorney
The employer doesn't determine whether or not your are eligible to obtain UI benefits, so their statement that you are eligible really means nothing.
 

terrortea

Member
Is it even worth showing up to the hearing? Originally I wasn't going to show up because I felt I can't fight against that, and no matter the lack of work I had the referee would clearly determine be ineligible. But I also feel I have a moral obligation to stand up for myself because they really paint me to be a terrible employee when I wasn't.
 

PayrollHRGuy

Senior Member
Is it even worth showing up to the hearing? Originally I wasn't going to show up because I felt I can't fight against that, and no matter the lack of work I had the referee would clearly determine be ineligible. But I also feel I have a moral obligation to stand up for myself because they really paint me to be a terrible employee when I wasn't.

It is absolutely stupid NOT to show up for the hearing. If the reason they gave you for the termination is different from what they told UI or they are now changing their story you do have a chance.
 

Just Blue

Senior Member
Is it even worth showing up to the hearing? Originally I wasn't going to show up because I felt I can't fight against that, and no matter the lack of work I had the would clearly determine be ineligible. But I also feel I have a moral obligation to stand up for myself because they really paint me to be a terrible employee when I wasn't.
For future reference ...If you don't have any "work" given to you...ask your boss if you can't help others in your department. Don't just sit and twiddle your thumbs. Show initiative. :).
 

Mass_Shyster

Senior Member
For future reference ...If you don't have any "work" given to you...ask your boss if you can't help others in your department. Don't just sit and twiddle your thumbs. Show initiative. :).
Like this?
I consistently asked the entire marketing department, as well as people I worked with outside of the marketing department if they had anything I could do, if I could help them with their work, etc. I even asked my boss if he had anything for me, and he consistently told me no, and that I need to ask the senior designers. Which I constantly did, nearly every day. After a while I didn't ask as much because they never had anything for me. I was told by the senior designers to read blogs and do tutorials, even though they seemed to be swamped with work but somehow were not able to give me anything to do? If they did not give me work because they felt I wasn't good enough, then that isn't allowing me to work to my fullest potential in the position. One of the designers even told me I could go on Facebook or doodle as long as no one sees me doing it.
 

Zigner

Senior Member, Non-Attorney
That's not what I wrote.
The OP stated that she didn't just go surf the web. No, she took it upon herself to run a side business on the employer's time. That goes beyond what she (supposedly) was told by the other folks.
 

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