non monetary decision says im disqualified because of misconduct, but at the appeals hearing the employer said I quit.
Hi,
Here’s a newsflash.
I’m not surprised by your statement .. and I can only respond to what I read.
I’m the one that added the part about the focus of an unemployment appeal hearing.
I used to have this job .. and while performing it, I used to have to tell employer’s all the time that what they reported as a discharge for misconduct .. such as no call/no show .. was in fact a voluntary quit.
The only reason I mention this is because it is not unusual for an employer to be made to understand that a no call/no show is not a reason for termination for misconduct .. it is a quit without good cause.
I’ll leave out the other numerous ways an employee might be seen to have constructively quit their job which left the employer no other choice than to end the employment relationship.
Would you like to share some facts with us or do you just assume that I or anyone will believe you know what you’re talking just because you wrote your employer lied because their testimony differed from the language of the initial determination?
Some employers lie and many claimants tell the truth.
Many employers tell the truth and some claimants lie.
They even tell me lies here on this site .. as if that’s going to help them when the truth comes out because I write to what they tell me.
I explain the process and the reasoning used. I try to remain objective.
Once in a while I do lend emotional support to those I believe and empathize with in a bad situation.
A Hearing officer’s responsibility is to hear the facts consider the evidence and render a decision on what is said and presented at the hearing by the parties. All the while the hearing officer is also charged with protecting each party’s rights to due process.
Each party’s responsibility before going to the hearing, should be to consider the truth when preparing for the hearing and also consider contingencies for the possibility of lies.
The best they can do this is to credibly rebut the lies.
My thought is that the more evidence you bring to the table to prove that it is you telling the truth .. is the best way to discredit a lie or a liar.
Hearing officers are not bound by erroneous determinations issued by the unemployment claims examiner whose examination of the claim is often just cursory. They can amend or modify any part of it.
The first unemployment hearing is a “full blown” factfinder mission. It’s the only hearing that counts in my mind.
Yes I want to help unemployment claimants, but I was also good at what I did for a reason.
I have this trait I struggle with very often when answering questions .. I read between the lines and I see discrepancies.
But instead of ripping someone’s ass because I think they are lying to me .. I try to keep my comments objective and focused on how unemployment benefits work and what may allow for them to be awarded.
I’d also rather believe that if any person thought long enough about any given situation .. they would eventually have to take a look at what role they played in any unfavorable decision because they didn’t fulfill the responsibility they owe to themselves to prepare as best they can.
This is a process used no matter the subject if we are to grow, learn and hopefully, become wiser with age.
Everything we learn today can impact how we make choices and decisions for ourselves going forward into the future when we take something we learn to heart.
This is also the basis for how I respond publicly to people who ask questions .. because I can’t help everyone, but I can warn and inform, but then it’s up to them to do their own due diligence to learn how they might collect unemployment.
As far as unemployment benefits go .. Your statement is irrelevant until you connect it to something relevant and individual to you.
Comments for Employer Lies – Or did they just get some advice about the correct focus for their appeal hearing?
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