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I doubt you have much to worry about if you told them the reason for termination. I also can't imagine they'd make you repay if none of this is your fault. I think you have to do something very seriously wrong to be ineligible. Call them Monday and don't sweat it in the meantime.
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the following notice of reconsideration and appeal has been made in connection with the claimant for unemployment benefits
The determination dated 01/24/2016 with respect to the issue below has been reviewed for possible reconsideration.
Issue 004 602A - Misconduct
Allow Effective 01/01/2016 - 12/31/9999
Was the claimant discharged for misconduct connected with work? The evidence shows the claimant was discharged from " ____ Corporation " because his work performance did not meet the employers expectations. He received a customer complaint. Since the claimants actions, which resulted in his discharge was not deliberate or willful, the claimant is not ineligible for benefits from 01/01/2016 in regards to this issue.
On 10/31/2016 an appeal has been filed to the referee by the reconsideration unit of the agency
And on the back of another page it reads-
The issues to be considered at this hearing are:
Whether an appeal from the claims adjudicators finding or determination was filed within the 30 day time limit?
Whether the employer filed a timely and sufficient notice of possible ineligibility?
Why was the claimant separated from employment with the above employer ? If discharged was it for misconduct in connection with the work ? If the claimant left voluntarily was it for a good cause attributable to the employer?
So that's what my papers say. I would've. Called them but I got the letter last night when I got home. And I just wasn't able to do it this morning. I thought I'd come on here and ask a question if maybe some one here has been through a similar situation and can possibly help. I'm off on Monday so I will definitely call the IDES. I just am a bit scared and confused because I just started a new job and can't afford to pay this money back. It really did help a lot. And I don't understand why it would be my fault.
I told the IDES Exactly what happened and I was approved. I was fired for a guest complaint. My first ever complaint from a guest in the 2 years with the company even though I had received multiple emails from guest commending my great guest service.
To be honest I was fired because the new manager we had never liked me. He had tried on a few occasions to get me suspended both resulted in reinstatement and backpay for being suspended. They where for supposedly taking extra breaks and stealing time. Which happened two separate occasions and both I was returned to work with backpay. Me and him never really liked each other but stayed out of our way. He found this complaint as a way to get rid of me. And he escalated the situation and made the guest pursue It to corporate. Anyways. What happened happened. I'm moving on. He's a terrible person and he will get what's coming to him.
I just don't understand this letter. I really really don't. Call me dumb but don't call me a liar please.
I started receiving benefits in January and they just ended I believe in August
Thanks for posting this OP, it clarifies the issue. Over the past 8 years I estimate I've participated in about one hundred unemployment benefits hearings, and it seems your unemployment office determined you were not terminated for misconduct. Rather, it appears you were terminated for incompetence (no offense) in the sense that you were incapable of performing the job. This is good because if this is the case, you do deserve benefits. The unemployment laws place the onus on the employer on doing a better job of hiring employees.
Thanks for posting this OP, it clarifies the issue. Over the past 8 years I estimate I've participated in about one hundred unemployment benefits hearings, and it seems your unemployment office determined you were not terminated for misconduct. Rather, it appears you were terminated for incompetence (no offense) in the sense that you were incapable of performing the job. This is good because if this is the case, you do deserve benefits. The unemployment laws place the onus on the employer on doing a better job of hiring employees.
Thank you. No it's ok no offense taken.
So do you know what exactly is the purpose or actual intent of this hearing I'm supposed to have. Thanks again
It's as outlined in the notice where it discusses the "issues."
They will go in order.
The first two issues are about timeliness. If the employer fails, the hearing stops, and the decision to grant you benefits in the first place stays as is. This is the most important part of the hearing. YOU can complicate things for the employer. Do NOT just passively let things go in the direction that you're ok with the employer's excuse. If you were even 5 minutes late with your appeal, I guarantee that short of being in a coma wouldn't excuse it, and even if you appealed after coming out of the coma, it better have been the first thing you did when you woke up, or the judge would say you waited too long.
It's as outlined in the notice where it discusses the "issues."
They will go in order.
The first two issues are about timeliness. If the employer fails, the hearing stops, and the decision to grant you benefits in the first place stays as is. This is the most important part of the hearing. YOU can complicate things for the employer. Do NOT just passively let things go in the direction that you're ok with the employer's excuse. If you were even 5 minutes late with your appeal, I guarantee that short of being in a coma wouldn't excuse it, and even if you appealed after coming out of the coma, it better have been the first thing you did when you woke up, or the judge would say you waited too long.
OP, did your former employer file the appeal late?
I'm sure we live in different states but in my experience, this second appeal is simply a chance for the losing side to get another shot at convincing a hearing officer to grant or to deny benefits. Also in my experience, this appeal is a little more formal and is audio recorded so that the unemployment office can make a transcript. I've always participated on behalf of the employer, and in the past we've gotten decisions to award benefits reversed at this stage. Sometimes we don't even appeal if we know that the former employee was terminated because he or she couldn't do the job and did not engage in misconduct.
OP, did your former employer file the appeal late?
Yes, that is the primary basis of the hearing, did the employer file within the 30 day period or otherwise have a legitimate excuse for filing an appeal over 250 days after it became final.
Yes, that is the primary basis of the hearing, did the employer file within the 30 day period or otherwise have a legitimate excuse for filing an appeal over 250 days after it became final.
Thanks, I see that now. Two hundred fifty days! OP, you should win this on a technicality.
Being late is no technicality. It's the rules and claimants have lost benefits for being late, and employers should too.
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OP, you should win this on a technicality.
