Unemployment claim

[firemanup]

What is the name of your state? Iowa

My wife had some issues with her last emplyer that she tried to get addressed for months, yet the owner/boss never addressed.

Months later on the phone one morning if finally came to a head and there was a verbal arguement over the phone.

When she came in to pick up her check, she was made to turn in her keys. At this point she assumed she was fired.

She filed for unemployment as being fired. The employer countered and said she quit.

The fact finding hearing was with a fact finder that put the burden of proof on my wife, with the assumption that she quit trying to make her prove that she had cause to quit. Even though she contested several times that she quit, at continually stated she was fired.

No burden of proof was applied to the owner to prove she quit.

She lost the decision and appealed to the next step. Again the hearing was conducted automatically with the assumption that she quit and had to prove cause for quitting.

Again she stated she didn't quit, but this hasn't seemed to have gotten through to anyone.

My wife filed her unemployment claim to begin with as having been fired. Is it normal for them to come back and conduct the hearing with the assumption being whatever the employer has stated?

With their assumption that she quit, we understand she didn't prove that she had cause to quit.

She continued to try to work toward proving that she was fired and never quit but this part of the issue never got through.

We're kind of at a loss as to how this worked, and while she will probably not appeal any further we'd like to understand why it worked this way.

Thanks

Jason

 

[Sinsaint26]

I honestly can't see how this happened unless your wife's employer said that asking her to turn in her keys did not mean she was fired and that your wife over reacted by assuming she was fired. Normally if there is a dispute over an employment action the employer must prove the facts of the case, not your wife. The UC office should have focused on whether your wife was terminated or voluntarily quit. Whether your wife had good reason to quit should have been irrelevant because your wife believed she was terminated. Her employer should have had to prove that asking her to turn in her keys did not mean she was fired. I don't see why your wife doesn't appeal (it's free and she has nothing to lose) on the grounds that the UC office or referee held her to the wrong standard. Her employer should have been made to prove the facts, not your wife.