Unemployment claim denied

[LovelyChika]

Indiana state law requires that in order to file an appeal for a hearing in front of an Administrative Law Judge (ALJ), you must do the following:

1. Legibly write or type the reasons why you disagree with the Determination of Eligibility.
2. Sign your name and indicate whether you are the claimant or the employer.
3. Be sure to include your mailing address, telephone number, and the claimant’s social security number on all correspondence that you send.
4. Include a copy of the Determination of Eligibility that you are appealing.
5. Mail the appeal to 100 North Senate Avenue, Suite N800, Indianapolis, IN 46204 or fax to (317) 233-6888 within thirteen (13) days of the mailing date of your "Determination of Eligibility."

 

[cbg]

Yes, but you've done that. You did not deliberately make mistakes and you did your job to the best of your ability. You don't need to include your supporting arguments at this time.

 

[LovelyChika]

I did go ahead and make sure this letter FAXED today. They told me it normally is an over the phone hearing.

 

[commentator]

Okay. Now relax and forget about this for a few days. Make your weekly certifications and wait till they notify you about a hearing date.

An over the phone hearing will probably be best for you anyway, as you can sit there with your notes about what you wish to say and the points you wish to make. You will not be presenting an impression to the official, or having to do face to face confrontations with anyone.

We have pretty much already covered this material about what you need to say. Go back and read the material about unemployment hearings that has been given again and again and again here on the site. You should be able to grasp the concept of what it will be like from there.

 

[LovelyChika]

This Monday may 16th I have my hearing over the phone. Any last minute tips? Is my previous boss on the phone. Also?

 

[commentator]

At risk of beginning another repeptitious second guessing seminar here, I'll just say, yes, this will be a conference call. Both of you will be on the telephone. The appeals officer will have you on the phone, will have them on the phone, and will be there him/herself. It will be a very formal and structured call, and everything will be taped.

Very important. Have all your material organized and around you. Do not have your cell phone on so that you can be interrupted in any way. Do not be in a situation where there is a possibility of people coming in or interrupting as much as you have control over the situation.

You and your employer will both be sworn in. I suspect that you will be the first presenter, since you are the appellant party. Since they will not be able to see you, you do need to mention the fact that you are pregnant in this presentation somewhere.

Please, go back and read all the advice you have been given on this forum. Look at old forum questions about unemployment appeals to pick up more information.

Polite, professional and to the point. You were not fired for a valid misconduct reason. You were fired for a trumped up made up reason, good for nothing except to try to keep you from drawing benefits. Do not be surprised if you hear many unkind outright lies about yourself from the employer or his representative. Stick to your story. Be calm and professional.

Even if he does not choose to be on the line, does not show up for the hearing, you will still conduct your side of it just as if he were there. Because either party does not show, it doesn't automatically mean the other side will win.

But good luck to you, and let us know how things go.

 

[LovelyChika]

How long do these hearings normally last? I'm pretty nervous.

 

[csi7]

Just read through the normal guidelines commentator for being professional, stay calm, focus on the questions the hearing officer presents, do ask the question to be repeated if you do not understand what is being asked, and the hearing will last as long as needed.

Stay calm. If you have a cell phone, make sure it is fully charged for the hearing. If you are using a landline, make sure that background noise is minimal, turn off television, computer, radio, video games.

Relax today.

 

[LovelyChika]

Thank you my hearing is tomorrow at 11am

 

[commentator]

Hang in there! I'll be thinking of you, and I am sure you'll do fine. Just listen carefully, answer any questions the hearing officer is asking you, give them the material we have suggested. Remember that this is a formal structured situation, so they're not going to give you warm fuzzies, just be businesslike and formal. Let us know how it goes.

 

[LovelyChika]

My hearing is over now the waiting game.
The dr did tell the judge all sorts of lies said thee were about $30000 of insurance claims missing she than asked if he discovered that before he fired me he said no but that he had a list of patients whom I made mistakes with and one over 5 times. After that said that because we were being relocated my attitude had changed.
She than asked me if I had any questions I asked who was this patient I made a mistake with 5 times he could not answer me I continued by asking how my attitude changes he could only say I stopped doing my job te judge kept telling him to answer my question but that's all he could say.
She asked for our closing argument his was " Everything she said is a lie she not trainable and did not complete her tasks"
My closing argument was "I'm sorry you feel I would do anything negative on purpose towards you or the office my job mentioned everything to me its what I looked forward to every day its all I had in this state its what kept me sane I would never do anything on purpose to lose my job I loved my job. I stated how he never had a problem when we worked alone for a year. I understand having me As an employee being that I'm moving n having a baby soon could be inconvinient for him but I DD not want to lose my job n always did it to the best of my ability. She said thank you have. Hood day as did I n he just hung up.

 

[LovelyChika]

She also asked him for a specific reason why he let me go what the last straw was he kept giving different answers but pretty much my attitude changed because I'm moving and I wasn't doing my job and the 30000. He told her he could send hr anything she wanted she told him all of that needed to be in before the hearing.
She continued to ask me if I was rude to him the day he terminated me I said no I tried to plead my case he said it did not matter I thanked him for giving me a job for over 2 years and left. My voice did get a little crackled because I was getting emotional I just tried to compose myself.

 

[LovelyChika]

I told the judge the dr was aware I'd be moving in 2011 since the day he hired me so I did not understand how my attitude suddenly changed.

After she rules he can still appeal it right? If I were to win.

 

[commentator]

Hi there! It sounds as though this went very well for you!

Great touch that you asked him these questions he could not answer! It sounds pretty positive right now. So stay positive and happy and composed for the sake of keeping your baby and yourself mellow and healthy. I'd even say "hopeful." You should hear pretty soon about the decision.

If you are approved, your employer can appeal the ruling, ask that it be reviewed by the "board of review" in your state. Unless he has come up with some new very compelling evidence (such as a just-discovered video of you doing what you are accused of) this will be a review not of the case itself, but mostly to determine if the hearing officer followed unemployment law in making the decision that was made. Let me restate that, ...if they had a video of you doing what it was that he gave as the reason he fired you to the unemployment system, not actually even if he had come up with a video or undeniable proof you stole $3000 worth of claims could he use that to get your unemployment stopped at this point. We used to always have to tell employers in this circumstance that if they wanted to, they could file criminal charges against the former employee, but they could not get their unemployment stopped.

You will not know that this appeal is happening, you will not be contacted or asked anything in this one, you will be drawing unemployment benefits, and the odds of his being able to get the decision overturned at this point would be miniscule. It is very rare to have one overturned at this point unless the hearing officer really flubbed it, which they occasionally do, but it does not sound as though anything like that happened in your hearing.

Let us know when you hear again. Congratulations. Its over. Breathe.

 

[csi7]

I agree with commentator. You have an excellent chance.
You did great with the hearing, keeping your poise and directing the question as to who the patient was, and being polite at the end.
Commentator, you deserve a round of applause for your attention to detail when it comes to sharing information for unemployment!