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I have a situation in which I have been under the gun for over three years. My supervisor was on me every way there was to get me to quit. My only reason I feel was the I was the highest paid employee, and have been at that job for over 10 years, and have been in my profession for over 20 years. I had received write ups for a couple of reasons within last two years. However, it is the policy that these drop off after a calendar year has expired from the last incident. Without going into a lot of explanations I read an order incorrectly and performed the incorrect test. I caught this error and reported this to the supervisor. This error has been made by anyone in this field, and usually it is taken care of with mo problem. However, I committed the mistake and it was written up and I was terminated. I filed unemployment was denied and had a hearing with employer myself and my attorney. To my amazement it was determined that I "willfully committed the error knowing what my responsibilities were" .. Even though I admitted it was a mistake, pure and simple and it was documented so on the brief. Also my attorney tried to introduce evidence that I had a coworker had committed a more serious error yet she was not terminated. The judge said it could not be submitted into evidence, even though my attorney wanted to show that this was a direct contradiction of how "errors" were handled. The judge stated, that I was on trial not the other people. My attorney was outdone, as was I. Now going to try to file an appeal to the judge's decision. Feeling desperate and broke. Any suggestions???
Hi!
So the BOR not only went with the ALJ, they came up with some craziness. They said it wasn't misconduct, but "Attempted Conversion, or in the common parlance, theft". They then cited case law for conversion...a 1928 Utah law o_O!!!
Also, in Illinois there is a Governor appointed board for the BOR. 5 ppl made up of 2 Employer Class, 2 Employee Class, and 1 Neutral Chair. When the BOR decided my case, and yes I have actual undisputable proof, there were only 3 members instead of the state mandated 5. My 3 members consisted of the supposed neutral chair, and the 2 Employer Class members. Apparently there was a month or so where the 2employee class seats were vacant.
Needless to say, I appealed and am currently in the Circuit Court. Good judge according to my attorney. We'll see. Next date is in early Nov., and then the final date is in December. The judge will decide on that same day. If you have more questions, I'm happy to answer them.
we have reviewed the record of the evidence in this matter including the transcript of the testimony
submitting at the hearing conducted by telephone on 09/25/18 at which the respondent appeared. the appellant did not appear at the hearing. the appellant has indicated the failure to attend the hearing occurred because its key witness was on a plane at the time of hearing. we find that the employer did have good cause for being absent from the scheduled hearing. we remand this matter to the referee with instructions to schedule a hearing for the purpose of obtaining such evidence as my be available. type of appeal: misconduct 602a
Being on a plane would be good cause for failure to appear, but I'm willing to bet it is all a LIE, and you need to push the issue to make the employer prove it.
First, there should have been a request to reschedule the hearing BEFORE the employer just decided to miss it along with a denial of the request.
Second the relevance of the key witness' testimony is suspect.
third, I want the boarding pass/itinerary. Without that, there was no plane flight.
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