Well good gosh yes. Of course you "would be able to protest." Have you received your notice that says "If you wish to appeal this decision...."? If so, respond by saying (in letter form or by fax, however they say to do it) "I wish to appeal this decision" within the time limit for doing so. They will set up a telephone or personal hearing for you. If you are going to do a personal hearing, for heaven's sake, BE SURE YOU HAVE A SITTER!!! Do not set up an in person hearing if you are going to have to bring your child to this.
But of course you can appeal, will be expected to appeal if you are denied in the first decision, and have the right to do so. In this case, I believe you have some rather valid grounds to appeal, too.
Okay, you mention "under my circumstances" I hope you would not be planning to argue about need. No one cares that you do not have a sitter. No one cares that you are not wealthy or that you are a single mother or that you really need to work because you have lots of problems. Unemployment is all about the law, and it is not at all related to your personal circumstances, except for your work situation and what exactly happened there and whether the law was followed.
That is what you will keep your appeal testimony to, at the time of the hearing. Remember, you do not have to make the argument in the submission of a request for an appeal. You don't write them a letter laying out your case, you just say, I wish to appeal. Then all the fact finding is done at the hearing.
At the hearing, you will not be required to quote unemployment laws to them, you will simply tell what is your side of this story.
Your circumstances are that you worked for xyz company for xxx number of months (or years.) During that time, you were allowed to bring your child to work when child care was an issue xxx number of times. Your supervisor was aware that you did this. You had never been given any warnings that if you brought your child to work, you would be terminated. They had never told you that you were in danger of being terminated (if this is true.)
It is interesting to me that you have given us information that is almost textbook in the training of people to make these kinds of unemployment decisions. The things you would need to emphasize are that you worked there for a period in which you repeatedly did the act they eventually fired you for. They were aware of this, even as you were aware of a policy that you weren't supposed to do it. In other words you were not fired immediately for bringing your child to work you were fired after you had done it several times without repercussions. Your supervisors were aware.
That they made up or falsified warnings or lied about giving such warnings isn't too unusual. I have seen this before, up to and including faked employee signatures on bogus "warnings."
What you do is state, clearly and definitely that you did not receive such a warning on such and such a date, or ever, and that you did NOT know that your job was in danger. If they have your signature, you can say, "This is NOT my signature."
The hearing officer is to expect that either or both parties in this hearing may be lying. They are supposed to decide which of you is the most believable. Do not lose your temper or become argumentative at any time during your hearing. Be calm, be reasonable, and tell the truth.
Speak quietly and clearly. Practice your story before you go in. You may want to have some very brief notes, such as talking points on your hand, but don't go in with a bunch of written material and try to read off your argument. Listen carefully to the hearing appeals officer, who will ask questions if need be to obtain what they are looking for.
Keep making the weekly certifications for benefits, even though your claim has been denied. If you were to win in the hearing, you'd be back paid only for weeks that you had certified for, so continue that process each week or every other week as you have been instructed to do.
Read up on this site about unemployment hearings, there are lots of posts we've gone through before. But GET THAT APPEAL REQUEST IN TIMELY. If not, forget the whole appeals process.
