Employer lying about reason I was discharged to avoid paying unemployment [NY]

[cmonino]

What is the name of your state (only U.S. law)? NY

I was let go from my job a couple months ago because I was unable to operate machinery and didn't have the construction skills the job required (even though it wasn't in my job description). The boss was very cordial and actually allowed me to remain for about a month and a half after I was let go.

After my last paycheck, I filed for unemployment so I could make ends meat while looking for work. Today I got a letter in the mail saying my unemployment was denied because I had been discharged over willful misconduct, more specifically being late.

I don't have any proof that I was on time, but I did not arrive more than 5-10 minutes late, and was in fact, 99 percent of the time, early for work. The issue of tardiness was not brought up when I was let go.

I'm filing for a hearing tomorrow, but I'm nervous because I don't have written proof as schedules weren't strictly kept.

Not sure what to do, would appreciate any help or advice, or if I should do anything to prepare for the hearing.

 

[Chyvan]

I don't have written proof as schedules weren't strictly kept.

Fortunately, you don't have to prove that you were on time, but it would be great if you could. The employer has to prove with a preponderance of the evidence that you were late.

 

[commentator]

What you have to prove or at least clearly state is that you were not aware that your job was in jeopardy due to your tardiness. Your employer may say that you were terminated for tardiness, that's his side of the story. He would thus need to show that he gave you warnings, gave you an opportunity to change your undesirable behavior and save your job (by not being tardy anymore.) And then he should've had a precipitating incident that he actually fired you for, like that you were tardy and that day he called you in for being tardy and terminated you for that reason. They'll ask what was said. Your story, of course is that you did not ever become aware that you were being disciplined or that you were in danger of being fired for your tardiness. You'll tell what you were told on the day you were terminated, stopped working for these people, whatever. Your story is just as good as his, they don't give him extra credibility because he was your employer. You need to be specific and distinct in your story, and don't worry about proof. They will go with who is the most believable of the two parties with the assumption that either or both of you may be lying.

 

[commentator]

By the way, do not even mention or admit tardiness. Not even one percent of the time. Keep making your weekly certifications until your hearing. If you are approved for benefits, you'll be back paid only for weeks you have made the weekly certifications for.

Go back on this forum and re read all the information that has been put up in the last few years regarding unemployment hearings.

 

[cmonino]

Thank you

Thank you you guys have been extremely helpful. I really appreciate the advice, it's helped to calm my nerves about this whole thing.