I AM ON MY FIRST APPEAL

by S. H.

(Florida Unemployment Appeal)

I am being denied benefits b/c -The claimant was discharged for allegedly instigating conflict on the job. No information has been submitted which substantiates misconduct.-
I am a collector- we have a small tense office with a girl that causes trouble regularly- I couldn’t take it anymore so I fought back- verbally- she walked out- leaving work for the day- she is a friend of the manager
who called the owner and the decision was made to fire me.
Is there a way to defend this so I can get my benefits?

Hi,
Your question raises for me .. who will actually have to defend their actions.

Discharges means the burden of proof belongs to the employer and the problem I see for the employer is that they didn’t fire both of you.

Your problem is how you will rebut the burden and make certain the hearing officer believes your version of what happened vs. your employer’s version that you were the instigator of the altercation.

How can you do this? Maybe provide emails or any other kind of documentation you created that brought this ongoing problem to the attention of the employer.

No documentation?

Just another reason why I suggest using unemployment hearing reps ..

They’re much better than the average bear at picking up on inconsistencies and getting witnesses to snare themselves .. often by asking pointed questions about the inconsistencies during an effective cross examination.

Hearings, when the situation is he said/she said are all about discrediting your opposition.

That’s what makes your version of the facts more believable.

Chris