Pauloz
Expert
Joined: 02 Oct 2007
Posts: 1160
Career Advice: +3/-0
Location: Sydney
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 Posted: Mon Oct 05, 2009 2:17 am Post subject: |
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paulb
From the look of this, you were fired on any excuse. You might have got the push any other way, but I'd say you have a hostile party there somewhere, if this very flimsy effort is a reason to sack anyone. This is fairly typical of a certain type of workplace supervisor/manager. Whoever's the most unstable, neurotic manager there will be the cause.
Your appeal has to be based on the lack of evidence.
A bit of bureaucracy, here:
What was the exact, stated reason for termination on your notice?
Did it make any reference to misconduct or property damage?
If that wasn't the stated reason for termination, they're going to have to explain it, and explain the exact nature of the damage to property.
Getting some pro bono legal advice is a good idea. In most appeals, particularly where the employer is making up reasons for not paying UC, they fold up against legal opposition.
Getting benefits:
Problem: Sorry to say this could get sticky. You've been officially denied benefits previously. That means ineligible, on face value. You'd need some other basis of claim to get unemployment.
Because state UC offices are often impossible to contact, you'll need to speak to Dept. Labor in your state about how to approach this. All states vary, sometimes a lot, in how they do things. I don't know if you'd be covered during an appeals process, but I doubt it. Usually that only happens if UC has previously been granted.
Would you be entitled to any other sort of benefit? If so, that might be the viable stopgap until your appeal. Check out your entitlements on the DL site, see what's possible.
Sorry I couldn't be more helpful, but this sort of situation is "the system" at its worst. |
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