• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Unemployment claim denied

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Thank you I appreciate all of your advice.

There were only 2 employees there.



As my husband told me the other night I knew how the Dr was from the beginning next time I should think twice about working for someone like him.
 
Last edited:


THANK YOU COMMENTATOR I APPRECIATE THIS I WILL START ON MY LETTER TONIGHT I NEED TO SUBMIT IT BY THE 2nd. I do not know if to write anything regarding my pregnancy because I have no proof I just find it odd that I am pregnant and moving soon and all of a sudden he was after me.

The day he let me go as I sat there he had already hired someone lying to me that the day had fallen apart and I had an idea though because he did that in the past to another employee.

As he told me I was making mistakes I tried to tell him that it wasn't only me and I was not the only person in the front and he said it did not matter and it was nothing personal. I said THANK YOU and walked out.

Read our lips. All the letter needs to say is "I disagree with this decision. I did not commit deliberate misconduct in regard to my job performance. I did my job to the best of my ability. I wish to appeal this decision." Got it? Okay.also say, "If possible, I wish to request an in person hearing concerning this matter." That is all you need to say. You need to put in your telephone number so they can reach you to set up the hearing.

I suspect you are sitting there reading this letter and whimpering because they didn't love you, didn't find in your favor. Buck up. Sit down and begin to make an outline of everything about this situation.

Perhaps it can start with something like, I begun working for this employer on such and such date. I told him at that time that I would be relocating in ....months when my military husband was transferred again to a new location.

I was not, at the time of my employment, given an employee handbook. In fact, I had no idea a handbook existed, had never seen one until...such and such date, when I was presented with this handbook, after I had been written up and threatened with termination.

I was given...amount of training. My training for the job was done by**************.I was able to learn what was required of me and do what was required of me, and I always did the job to the best of my abilities.

DO NOT BE STUPID. Don't pop up and volunteer, "Yes, I made mistakes....whine whine..." Say you tried your best and if you made any mistakes, you immediately when you received feedback changed your behavior and ALWAYS did the job to the best of your abilities.

Let them show exactly what these mistakes were, that they were deliberate, and that you were doing them knowing you had been warned not to do them, and knew you could be fired for doing them. Don't say negative things about yourself in the hearing, even in the name of being honest. You will find that your employer will have no trouble shading the truth to his advantage. But you do not argue with them. You just tell your story as you know it to be true. You must be the most believable.

You will want to point out that your "job performance deficiencies" increased sharply and abruptly when you went to your employer and told them you were pregnant. You may be able to say that until this point, you had never received any feedback that you were not doing a good job (had you ever had a performance review or a raise or a word of praise during your tenure there?)

That when they began to be so unhappy with your work, that you tried as hard as you possibly could to please them and change anything you were not doing right and tried to do a good job. This would be a good time to mention that you received the handbook, the write ups, and the counselings all in the short time between the time you told them you were pregnant and the time you were terminated. Stress that your performance of your job performance had not changed,that you were doing the job as you had in the past and it had been quite acceptible, UNTIL you were found to be pregnant and would be leaving soon.

Yes, this is standing up for yourself. This is not something that someone else can do for you. You must not decide to wimp out on this. You have absolutely nothing to lose doing this appeal, and a great deal of self respect to keep.
Get your material together, and then let us have another shot at fine tuning it. This is sort of like a presentation you're doing for a class or something, you're going to be well prepared and professional, and you will have a pretty good chance to win.
 

commentator

Senior Member
Write the letter. Send it in. DO IT NOW. NO you do not need to put in anything about your pregnancy. Say what i told you to say. Do not say anything more, anything less. DO NOT go in to a bunch of issues.

Especially in your comments to the unemployment system, DO NOT mention, "I was a good employee, sometimes we were off for a few weeks at a time, and I did not file for unemployment." This means you were a foolish employee. Though the jerk might have fired you for filing for unemployment, he would have been sanctioned by the unemployment system for doing so.

I agree with your husband in one sense, You were working for a jerk. It is not uncommon to find jerks operating their own offices, practices, etc. and using the very worst of labor practices. They feel that others should be working for them for free anyway in the right sort of world, and that any request to provide living wages, decent treatment or protection from arbitrary firing is a terrible violation of their rights. Their very tenderest area is the pocketbook, which is where unemployment insurance will eventually hit them.

However, you are such a pushover! "I'm pretty down with it not being approved," you say. Aaaugh!

He liked you okay to begin with because you were probably perceived as a wimp and he could bully you. Even though your performance may not have been perfect, you did your best, you tried to please him, you always did your best to be a good employee. But then ultimately, when you became pregnant, he chose the other person, whom he probably respected more if she was a little more assertive to him. After all, you had already made the mistake of telling him you had to leave town soon anyway.

But turn this appeal letter in. Immediately. Do not put anything else on it except what I said to put. Is that clear enough? Do not over-think this. You will get to tell the whole story when you have the hearing. That will be later.

You will be required to register for work DO NOT bring up that you can't work because you are pregnant. Or that you don't think it is a good time for you to look for a job because you will be relocating with your husband soon. You go in there and state that you are able and available and actively seeking work. Because if you hadn't been fired, you would be working. Pregnancy is not an issue with your receiving benefits unless you yourself put restrictions on your work availablity because of the pregnancy. Keep making your weekly certifications for benefits each week as you have been instructed, even though you are not receiving checks.

That said, it sure does not prohibit you from, (in the HEARING, NOT in the appeal letter) mentioning that you noticed a big difference in how you were being treated after you told him you were pregnant. That's reality. He decided he needed to get rid of one of the people in his office. Since you were pregnant, you were going to leave soon anyway, and she had come back to work, it was you, but if he laid you off, you'd get to draw unemployment insurance for sure. So he had to make up a bunch of reasons, probably talked to someone about exactly how to do it, and fire you.

But you are not going to roll over for this. Though you knew he was a jerk and that he is trying to mess over you, you are going to do the appeal and stand up for yourself, and give it your all to win this. As we keep telling you, you have nothing to lose, a good chance to win.
 
Last edited:
Commentator what did you mean by this?


However, you are such a pushover! "I'm pretty down with it not being approved," you say. Aaaugh!

Did you mean that I am ok with not getting unemployment? I am definitely gonna follow all your advice because I know I deserve to get it. Sometimes the good guys need to win.
 

commentator

Senior Member
okay, misinterpreted. I understand you may be pretty upset because you didn't get approved initially, but don't give up, okay?
 

commentator

Senior Member
You may. But if you do not enable private messages, I cannot give you my reply, as I attempted to do. Do not waste more time tuning this letter or attempting to get my approval of it.. Use the first paragraph of it only, and send it in now.

If you do not request your hearing in a timely manner, you will lose your right to an appeal, regardless of the situation.
 

commentator

Senior Member
Still not accepting my messages. But anyhow, doesn't it say to fax or mail this letter to the Appeals Tribunal?

If so make sure the office faxes it to them. Most of the time, the local office is NOT the same thing as the Appeals unit, and there is an address and a direct fax to them and your appeal letter must get to them, not be turned in at the local office.

Make sure it gets to Appeals in a timely manner, is not just dropped on a desk somewhere in a local office. It wouldn't be a bad idea to MAIL in a copy of this letter to the appeals unit, address given, even if you do drop it off at the office.
 

swalsh411

Senior Member
Stop wasting time and follow the directions you have been provided by people who know what they are talking about.
 
I OVER ANALYZE things to much for my own good I know its frustrating. I APPRECIATE EVERYONE'S Help through this it means a lot to me.

I guess this is all I will be including in my letter.


I wish to appeal the denial of my unemployment. I did not commit deliberate misconduct in regard to my job performance. I did my job to the best of my ability at all times.
 
Last edited:

cbg

I'm a Northern Girl
Chika, when you are in the hearing the rest will matter. You don't have to make your entire argument now - right now you're only invoking your right to appeal. The entire argument comes later.

Take one step at a time. :)
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top