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I had the hearing a week ago and still haven't heard anything. I stuck to the policy argument. They tried to submit the code of conduct they made me sign 5days before they fired me. But the code of conduct and hr policy are two separate things. Is not hearing anything back yet a good thing?
The UI worker can say whatever she wants. She won't be at the hearing, and she didn't work where you worked so she doesn't know what happened.
I have a question about UI investigators "lying." Isn't what they report we said during the investigation, what the hearing officer will use in the appeals hearing? I'm just curious how that works, and if we can deny what the UI investigator is putting in our case as "the claimant stated.." Or is the appeals hearing completely de novo like you mentioned, and that part is not included?
Isn't what they report we said during the investigation, what the hearing officer will use in the appeals hearing?
It's only a tiny snippet. What you write on your application, what you put in a letter of resignation, what you write in an "appeal" letter, what your employer writes, means so much more because you wrote it, and signed it. Then what comes out of your own mouth at your hearing is pretty important.
Yes, deputies lie or get things wrong, but it's hearsay, and doesn't mean squat. It's nothing like when a cop says you were speeding (officer of the court that shows up at your court date), is under oath, and subject to cross examination.
It's only a tiny snippet. What you write on your application, what you put in a letter of resignation, what you write in an "appeal" letter, what your employer writes, means so much more because you wrote it, and signed it. Then what comes out of your own mouth at your hearing is pretty important.
Yes, deputies lie or get things wrong, but it's hearsay, and doesn't mean squat. It's nothing like when a cop says you were speeding (officer of the court that shows up at your court date), is under oath, and subject to cross examination.
Little by little I'm feeling more at ease about this upcoming appeal hearing. Thank you.
Chyvan I just want to say thanks again. I stuck to what you said and didn't let my employer distract me. Because of that my disqualification was reversed! They gave that exact reason for the decision. Now I just have to wait for my money.
Chyvan I just want to say thanks again. I stuck to what you said and didn't let my employer distract me. Because of that my disqualification was reversed! They gave that exact reason for the decision. Now I just have to wait for my money.
What was that reason, exactly?
It is always noteworthy when a southern state takes your word over your employer's - most twist themselves into pretzels ignoring fact, rules of evidence, case precedent, and even federal law - and find for the employer, anyway.
Please describe your hearing.
What q's did ALJ ask?
What did you say?
What did employer say?
What is the exact wording of the decision?
Thx.
Last edited by Ariadne22; 09-21-2016 at 05:55 PM..
The hearing officer asked me what I was told, when it was said, what was the policy and if I received anything from it.
I answered all his questions with the info I provided here. But I made sure to stress that there were no rules or policies that I was aware of for what they said I am guilty of. My employer tried to submit a Code of Conduct that was signed 5 days prior to them discharging me but the investigation started in May. I explained that the Code of Conduct is referring to unlawful acts and felonies and not disciplinary actions and I did adhere to the code.
My employer kepy trying to bring up the hearsay between my manager and our team, but I just kept pushing the policy violation argument.
The exact wording is quite wordy but they found that my acts were unintentional and that I did not willingly break any rule, which I didn't.
In the present case, the evidence shows that The claimant recorded transactions in a way which was not allowed under The employer's policy. The evidence does not show that the claimant was aware that she was in violation of the employer's policy at the time she made the entries. The evidence shows that the claimant began making the the entries after a meeting, in which, the manual entry of transactions was discussed. The evidence does not show that the claimant intentionally or negligently violated the employer's rules. Therefore, disqualification of benefits is not required.
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