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Old 06-19-2014, 12:10 AM
 
14,500 posts, read 31,185,795 times
Reputation: 2562

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Statistically speaking, depending on state about 50/50 to 60/40 percent chance.
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Old 09-13-2014, 08:27 AM
 
1 posts, read 6,840 times
Reputation: 13
Default I won my appeal in CA - Sept 2014

I was terminated from a job that I loved for poor job performance/misconduct. I worked at a small mom and pop media source for 10 months...everything was great until they hired a young woman that decided she didn't like me. Together with the 2 other female sales people, they plotted to get me fired...and it worked! The day my employer called me into his office, he seemed like he was mad at me. No explanation regarding a poor job performance, just a huge cold shoulder.

During my UI telephone interview the man questioning me seems disinterested in what I had to say, and stated that my employer had sent in some evidence, which I was not privy to. A few weeks later I got the Bad News letter that I was disqualified to recieve UI benefits. After a ton of research regarding the UI appeal process, I decided to hire an attorney that specialized in UI appeals. I found out that 50% of all UI claims are denied benefits today, and if you appeal, you have a very good chance of winning. It's worth the money, I only was billed for 2 hours. If you aren't a pro in public speaking, and tend to get nervous when asked continuous questions by a judge, I highly recommend that you find the money to get an attorney. A little hand holding goes a long way...and from what I've read, most people win when an attorney is involved.

Not much can make one feel worse when faced with a situation that affects ones lively hood. The best course is to do a ton of research, find out what other people are saying about their situations, get some free consultations from a few attorneys, and choose your partner to win! From what I have read, the big biz word today is Misconduct...At first it threw me, as none of my actions would have been considered misconduct. So read up about misconduct pertaining to UI and you will find that is it Not easy for your employer to prove misconduct. In the end...my employer never showed up for the hearing, instead he wrote a letter to the judge excusing himself for some board meeting, along with very little evidence showing misconduct, which my attorney jumped on. The judge wrote in my appeal follow up that due to the fact that my employer was unavailable for cross examination, and that I was present, the evidence presented during the hearing was in my favor. My good News letter regarding my UI appeal came in the mail the day after the hearing...I won my appeal!

Now I wait for my UI payments...who knows how long that will take...but I will follow the good advise here on this forum and fax my appeal to the UI office to hopefully speed up the process.

Good luck to All and Best wishes for finding a Better new job!
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Old 12-14-2014, 09:50 PM
 
1 posts, read 6,684 times
Reputation: 10
I left my job for domestic violence reason. I wrote a letter to human resources I had to leave for emergency reasons. I then filed for unemployment 2mths later I was denied my claim yet but was told to keep filing. Had an appeal on my back weeks what happens next
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Old 12-14-2014, 10:28 PM
 
14,500 posts, read 31,185,795 times
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You'll get a decision, and if you win, you'll get paid.
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Old 12-14-2014, 10:30 PM
 
Location: Wisconsin
25,600 posts, read 56,638,896 times
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Quote:
Originally Posted by nakida36 View Post
I left my job for domestic violence reason. I wrote a letter to human resources I had to leave for emergency reasons. I then filed for unemployment 2mths later I was denied my claim yet but was told to keep filing. Had an appeal on my back weeks what happens next
So, you don't tell us your state. Most states recognize domestic violence. If you're in the south, however, depending on the state, good luck.

ETA: Your zipcode indicates Louisiana. LA is very claimant unfriendly.

BUT - in 2007, it did enact protections in your situation, per this:

http://doa.louisiana.gov/osr/emr/0709EMR001.htm

Not sure if the above is still in effect. Per either of these from USDOL, 2011 & 2012, it isn't:

http://www.ows.doleta.gov/unemploy/p...onmonetary.pdf

http://workforcesecurity.doleta.gov/...onmonetary.pdf

Based on the foregoing, you are not winning the appeal, sorry to say. LA does not recognize Domestic Violence as a good cause.

Nonetheless, keep claiming until you get the decision.

Last edited by Ariadne22; 12-14-2014 at 10:45 PM..
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Old 02-02-2015, 04:56 PM
 
1 posts, read 6,587 times
Reputation: 10
I just won my case.

I was fired for misconduct when I had not committed any. The 'misconduct' was policy violation. The policy said I could not buy an item, and return it if the price discount was higher (within 1-14days), and rebuy it again at the lower price. This was considered giving myself a discount.

However, I wasn't aware that wasn't allowed in my company. I thought it was okay to do, because it was allowed at my previous job.

Moving forward, whenever I decided to return an item, I first asked approval from my manager, or a superior, and they all said yes. ( I don't think they are aware its considered misconduct).

The decision from the judge was to reverse the previous decision made by edd (denied benefits) because I was not aware I was committing misconduct. "Actions/Erros done in good faith are not considered misconduct, therefore no policy was breached, because I did not misconduct". So I won.
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Old 02-02-2015, 06:11 PM
 
14,500 posts, read 31,185,795 times
Reputation: 2562
Was it just you at the hearing or was your employer there too?
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Old 08-05-2015, 12:36 AM
 
1 posts, read 6,335 times
Reputation: 10
I had my appeal on work search on the 07/24/2015. I haven't received a letter but I was told it was sent out on that following Monday 07/27/2015 it is now 8/4 2015 and still no letter or payment. If I did win my appeal how long do it takes to receive a payment or do I have to wait on my certification?
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Old 08-05-2015, 01:18 PM
 
Location: Wisconsin
25,600 posts, read 56,638,896 times
Reputation: 23479
Quote:
Originally Posted by Mannery33 View Post
I had my appeal on work search on the 07/24/2015. I haven't received a letter but I was told it was sent out on that following Monday 07/27/2015 it is now 8/4 2015 and still no letter or payment. If I did win my appeal how long do it takes to receive a payment or do I have to wait on my certification?
Call your state. They at least can tell you the decision. Tell them it has been ten days and you have not received their letter and you need to know. Insist on it. Ask them to resend the letter, as well.

Whether or not you get your money in a lump sum and how soon depends on the amount you are owed and your state. Hopefully you've been claiming each week throughout the appeal. States cannot pay weeks which are not claimed.

Btw, what is your state??? It matters.
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Old 10-10-2015, 05:21 PM
 
1 posts, read 6,221 times
Reputation: 10
did an unemployment appeal and my employer could not be contacted.what are my chances of winning my appeal. im here in NC
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