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I lost, they said that i was justifiably discharged for not reporting to work when the parking wasn't paid. i should have gone to work and hoped to be paid for the parking.
I hope the judge prewrote the decision already. It was so predictable that this was going to be a short hearing.
Two hearings with NOBODY representing the employer. I have to wonder who is providing evidence under oath to the Hearing Officer that proves misconduct that resulted in the denial of benefits? Who?
I lost, they said that i was justifiably discharged for not reporting to work when the parking wasn't paid. i should have gone to work and hoped to be paid for the parking.
I want you to order the transcript and post it. There was NO way for you to lose this unless you totally botched the story.
Quote:
Originally Posted by Rabrrita
Two hearings with NOBODY representing the employer. I have to wonder who is providing evidence under oath to the Hearing Officer that proves misconduct that resulted in the denial of benefits? Who?
Hopefully, we get the transcripts, and we'll get to see where that unfavorable testimony is coming from.
The decision was simply that I didn't quit on the 18th like they originally claimed, but now the hearing officer decided that I "didn't report on a scheduled work day, and while the hearing officer understands the claimants concern over this issue, claimant should have found a location to park, reported to work, and discussed the matter with the supervisor later. insufficient evidence was presented to justify the claimants decision to go home and not report for work, after a brief 15 minute wait. It is held that the claimant's actions constitute fault and wrongdoing by the claimant that justified the discharge. It is held that the claimant was discharged by (the originally named party, large temp firm Company B) for just cause in connection with work".
So again, Company B didn't hire me so how could they discharge me? And I live within 10 mins of that office, so it's not like i went far away with no intention of ever returning. And "Finding a location to park" isn't feasible since most parking is lot reserved and street parking is 2 hour limit, and this officeman ("supervisor"/owner of Company A) didn't show up to the office until 1 pm or later daily.
What's the obligation of the employer? Is it reasonable that after 3 months 100% attendance, OT and working through lunches that he doesn't pay the parking fee and I'm supposed to show up and work and then what, find out he just won't pay it? Then what, accept that $10/day paycut and suck it up because no benefits will be allowed if I don't accept it? I called and told him to call me, and he didn't until 10:30pm. That's not reasonable imo.
When you are discharged, you don't have to prove anything. I keep telling you that. You had an employer/coemployer situation and NEITHER showed up. All you needed to say is, "I was fired and I don't know why." The employer wouldn't have been there to prove misconduct. You would have gotten benefits.
What on earth happened at that hearing? Did you play that VM that said, "don't come in"? Once the employer says "don't come in," you have NO duty to report that next day to try to fix things.
Seriously, you need to get help with this because you are losing because you don't understand what your burden is. You are trying to prove things and just making things worse for yourself. Please get those transcripts, post them, and see if someone else that does get it, can get you to write something that will undo all this unnecessary stuff that you are putting yourself through.
I didn't talk at the second hearing. It was the same hearing officer. The first time you apply they ask you why you were separated, did you quit, was it mutual or were you discharged. I first said I quit due to the employer's not paying the parking as was agreed, as the last of a long line of reasons. Then in subsequent appeal I said that I was discharged after complaining about the parking, and though I tried to rectify by calling the boss, the boss didn't call back until 10:30pm to say not to come in. The hearing officer says that I should have tried harder to please the boss.
The hearing officer is saying that i should have gone into work and waited for the boss to come in and "discussed" with the boss.
I say now that what if I did do that and the boss said "no, I'm not paying for parking anymore. period". The hearing officer is trying to say that I have to accept the $50/week non negotiated pay cut (out of $10/hr), because he was right to fire me for not accepting it, and I would be wrong for quitting for not accepting it:
"Claimant worked as a full time office administrator for (large temp firm, company B) for 3 months. Company B has a professional employment relationship with Company A, which is the company claimant actually physically worked for. Claimant actually received pay from Company B, which is the entity that reported wages to the state.
"Claimant's regular work schedule was from 9-6 M-F. Claimant worked on 3-18. She was told she could have the day off 3-19. 3-20 claimant intended to report to work. When arrived at the normal parking lot, she was informed that the monthly fee had not been paid by the employer.
"Claimant called her boss and left a VM. In the message, claimant stated that the boss needed to rectify the situation or she was leaving to go home. Claimant waited 15 minutes. When she did not get a return call, claimant went home. Later that day, claimant was informed of her discharge."
The hearing officer says that: I "didn't report on a scheduled work day, and while the hearing officer understands the claimants concern over this issue, claimant should have found a location to park, reported to work, and discussed the matter with the supervisor later. insufficient evidence was presented to justify the claimants decision to go home and not report for work, after a brief 15 minute wait. It is held that the claimant's actions constitute fault and wrongdoing by the claimant that justified the discharge. It is held that the claimant was discharged by (Company B) for just cause in connection with work".
You were told on 6/23 that you were fired, and for some crazy reason you persisted in this story that you quit. When you write the appeal, you need to pick all the parts in the transcript that you were terminated, and from that moment forward you had no duty to try to resolve the parking issue.
For your second try, you can try to make it about the cost of parking vs remuneration, but I doubt you made that argument during your testimony.
When you are discharged, you don't have to prove anything. I keep telling you that. You had an employer/coemployer situation and NEITHER showed up. All you needed to say is, "I was fired and I don't know why." The employer wouldn't have been there to prove misconduct. You would have gotten benefits.
What on earth happened at that hearing? Did you play that VM that said, "don't come in"? Once the employer says "don't come in," you have NO duty to report that next day to try to fix things.
Seriously, you need to get help with this because you are losing because you don't understand what your burden is. You are trying to prove things and just making things worse for yourself. Please get those transcripts, post them, and see if someone else that does get it, can get you to write something that will undo all this unnecessary stuff that you are putting yourself through.
yea unfortunately the OP was his worst enemy and caused the lost of the appeal. all he or she had to do was keep their mouth shut at the hearing
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