I was approved unemployment now my former employer is appealing the decision, need help/advice? (Ina: sales, unemployment benefits) - Chicago Suburbs - Illinois (IL) - City-Data Forum

banker80 · 06-08-2009, 12:58 PM

I was initially approved for unemployment benefits by the state of Illinois after my phone interview. Now my former employer is appealing this decision. The reason for being terminated is "falsified my application." I understand Illinois is an at-will state and I can be fired for anything. I am not arguing the fact I was terminated.

I placed Personal as my reason for leaving my last job when I was terminated. I consider this to be a personal situation, and I was asked to elaborate during the interview as well on this, and I was open and honest about my situation. I just didn't want TERMINATED to be put on my application for anyone to see. Its a personal situation that was on a need to know basis to those interviewing me and in the position to hire me. There were no problems with me being fired from my last job and I was hired. I worked here for 15 months and then, Uh Oh, its a problem.

Now in Illinois I understand that the only reason you can be denied unemployment is for misconduct and that four factors must be present for misconduct to occur. These include:

A willful and deliberate violation of
A reasonable rule or policy that
Governs the employee’s behavior in performing their work and
Either harmed the employer OR was repeated despite a warning

None of these factors apply to my situation. I was a very good employee winning several performance and sales awards last year, got along with all my coworkers, and was very well liked by my customers.

As for falsifiying my application. I put on my application what I thought and felt an appropriate response. I was not trying to lie, and I was open and honest in the interviewing process.

During my first phone interview with the state on my initial benefits approval the interviewer laughed when I said I had just won an award for being the top sales person in 2008 when he asked me if I was doing a poor job. He immediately then said he heard enough and would send me my decision in a week.

My question is how can my former employer still appeal this and win? They have to prove misconduct on all 4 of those points, and I don't see them being able to prove even 1 of them.

Any advice? Anyone else have a similar situation?

PLEASE NOTE: I was reffered to this position by a then current employee who can verify and witness for me that the employer was aware I had been terminated from my last job and that I did not with hold any information from them during my hiring.

myrc60 · 06-08-2009, 02:17 PM

If you have been invited to the appeal you should appear. This is a formality and it sounds like the employer should lose the appeal. Many employers appeal the decision even if the employee is entitled to the benefits as a way of saying "we tried to get it dismissed".

hl7_2000 · 10-08-2010, 03:45 PM

I am in the same situation. I was approved for unemployement and now my previous employeer is appealing it. I was working there for two years and I called in sick with a doctors note one day and they told me that my services were no longer needed. Is there a chance they can win? I am very scared now because I have a 4 year old to support and no job. Thanks!

Avengerfire · 10-08-2010, 04:17 PM

Quote:

Originally Posted by hl7_2000

I am in the same situation. I was approved for unemployement and now my previous employeer is appealing it. I was working there for two years and I called in sick with a doctors note one day and they told me that my services were no longer needed. Is there a chance they can win? I am very scared now because I have a 4 year old to support and no job. Thanks!

You should be able to defeat their appeal as long as you have documentation or some sort of proof.

In the meantime, apply for food stamps and look into utility assistance.

Your unemployment benefits might be delayed for a week or two...

You have to be proactive.

middle-aged mom · 10-11-2010, 01:22 PM

Most job applications require you to endorse that all the information you provide is truthful.
Sounds like something in your application was not truthful and thus you were terminated.
Employers everywhere usually deny unemployment when employees are terminated for cause. Untruthful information on a job application is viewed as cause by most employers.

If you believe you were wrongfully terminated, that the information you provided within your application was not false, you may have a wrongful termination claim and be entitled to back wages as well as getting your job back. This assumes that there is no untruthful information within your job application.

SDR0731 · 10-14-2010, 08:53 PM

The same thing happened to me. We had a court date & I was the only one who showed up, so I was awarded benefits. They are probably just trying to scare you so that you will withdraw your request. Stand your ground. Good luck!

hl7_2000 · 10-15-2010, 06:08 PM

I was fired over the phone on a monday for the job "not working out" after 2 years. I won my unemployment and now my employer appealed the decision saying I didnt show up to work on Tue, Wed, and Thu.....If I was fired on Monday why would I show up the following days. I have no proof that I was fired besides my word. What should I do?

Avengerfire · 10-15-2010, 06:11 PM

Quote:

Originally Posted by hl7_2000

I was fired over the phone on a monday for the job "not working out" after 2 years. I won my unemployment and now my employer appealed the decision saying I didnt show up to work on Tue, Wed, and Thu.....If I was fired on Monday why would I show up the following days. I have no proof that I was fired besides my word. What should I do?

Call a lawyer.

And if it ever happens again show up the next day and keep showing up until they give it to you in writing that you are fired.

hl7_2000 · 10-25-2010, 07:36 AM

Hey I just wanted everybody to know that my interview went good. My employeer's HR dept and my old supervisor was on 3 way when we conducted the interview. I kept checking the website and finally 4 days later they said that my decision was affirmed. I am so happy. My old supervisor tried to lie and say he didnt fire me over the phone because it was agaiant company policy and that I didnt call and didnt show for 3 days in a row. Guess the unemployment guy could see right through that lie. Good luck to everbody going through this situation. I know how stressful it can be.

pooperp · 10-25-2010, 02:04 PM

Mine is this I was fired over scrap in June well when I appealed mine the employer told the judge they fired me over misconduct he asked me about it I said no I was fired over scrap misconduct was never brought up they found I shouldn't of been fired over misconduct because I didn't do anything wrong I got the paperwork today and have no clue what it means I think I won but not sure if I have to wait and see if they fight it this time or if I just won and that's it I have been battling with this company for 6 months now it was the worst place to work the pay was awful but at the time it was a job I was written up a number of times because the supervisor and I had history and she didn't like me and I was written up because other people wouldn't do there jobs correctly so I could do mine I hope this is the end to a 3 year nightmare:]