Iѕ thеrе anyone whο еνеr hаd tο prove thаt уουr company fired уου wіth out proper cause οr reason. Maybe thеу trumped up thе accusations? Hοw dіd thаt phone call gο down? Hοw dіd уου state уουr case аnd win. If уου dіd. If уου dіd nοt, whаt mistakes dіd уου mаkе?
Thanks
it happens all the time, employers are being hit with an increase in unemployment insurance, the more claims they have the more they have to pay, if you were fired and it wasn’t for cause you should have no trouble
As an employment attorney I do this all the time. If the “phone conference” that you are referring to is the one with the employer that is run by an administrative law judge or referee, this is a very serious event. This telephone hearing is a regular court hearing, only using the speakerphone instead of a courtroom. In many states these hearings are run under that states rules of evidence and that states rules of civil procedure. Translation — unless you have litigation experience you will feel lost.
Remember an ‘at will’ employee, those not a member of a union or not working under an employment contract, you can be terminated at any time, for any or NO reason, with or without notice, fair or unfair. This hearing is NOT on if the employer terminated you for “proper cause or reason” because if you are an at will employee any or NO reason is ok. This hearing is to determine if the employee violated a rule of that state’s unemployment benefits act.
Most states will not award unemployment benefits if the employee quit or if the employee was terminated for what is called “legal misconduct”. Legal misconduct, in most states, is that the employer has a serious rule that effects the bottom line; the employee knows of that rule (handbook, common sense, or a warning); the employee willfully and deliberately violates the rule.
These are not cookie cutter hearings, each case has different facts. An attorney handles these just like any other court appearance. This is not a DIY event, so you may want to get a local employment attorney to assist you. You can go to www. nela. org (National Employment Lawyers Association) and search for an employment attorney in your area. Good luck.