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Employer Appealing claim with many issues not in his favor.

Discussion in 'Unemployment Insurance & Benefits' started by Sean p Lindtner, Nov 7, 2018.

  1. Sean p Lindtner

    Sean p Lindtner Law Topic Starter New Member

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    Went to employer to ask for help that i was told by 2 supervisors would be available. The next day when i went for the offered help and i was told i am not allowed to return with no explanation. Employer failed to respond to initial unemployment claim. Upon receiving determination he filed for appeal not putting his name or address on the appeal or signing it. In the appeal he states he sent both fax and mail to dispute initial claim but both were lost by unemployment office. (has a printout that a fax was sent, but to my knowledge not what it conttained if it contained anything). His reason for firing me was not even mentioned when i was told not to return. Employer stating i was not let go for an additional 5 days after the day i was told not to return. (claiming i was absent those 5 days). 2 Months prior to let go I was told i would be considered a subcontractor so he would be less liable for me, and witholding from my paychecks were no longer taken (without my consent). I have atleast some form of evidence to back each issue of what i believe are valid defences of my claim.

    Went to employer to ask for help that i was told by 2 supervisors would be available. The next day when i went for the offered help and i was told i am not allowed to return with no explanation. Employer failed to respond to initial unemployment claim. Upon receiving determination he filed for appeal not putting his name or address on the appeal or signing it. In the appeal he states he sent both fax and mail to dispute initial claim but both were lost by unemployment office. (has a printout that a fax was sent, but to my knowledge not what it conttained if it contained anything). His reason for firing me was not even mentioned when i was told not to return. Employer stating i was not let go for an additional 5 days after the day i was told not to return. (claiming i was absent those 5 days). 2 Months prior to let go I was told i would be considered a subcontractor so he would be less liable for me, and witholding from my paychecks were no longer taken (without my consent). I have atleast some form of evidence to back each issue of what i believe are valid defences of my claim.
     
  2. army judge

    army judge Super Moderator

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    Good luck with your unemployment claim, buddy.
     
  3. cbg

    cbg Super Moderator

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    Do you have a question?
     
  4. Sean p Lindtner

    Sean p Lindtner Law Topic Starter New Member

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    Wow I got ahead of myself there and didn't even get to the point. I've never dealt with an unemployment claim before or any kind of legal issue whatsoever. I do realise it's a fact finding hearing. Is there any issue that is irrelevant without substantial evidence? Do I just submit my evidence, be quiet, answer questions, and let the referee decide what is relevant? And is there an issue that I need to focus on more than the rest? My employer is basing his appeal off of things that I was not made aware of when I was let go, and is downright lieing about some of them. It's really eating at me what he is saying to make it look like he has ground to stand on. The issues I am referring to: 1. Considering me a no call no show for 5 days after he told me to not return. 2. Considering me a subcontractor and not making tax deductions on my paycheck without permission for 2 months prior to terminationn. 3. Claiming the unemployment office lost his initial response twice to avoid penalties for not responding. 4. Offering me help and then letting me go the next day when I approached him for help and giving me no reason for what he was doing. I have been spending countless hours aapplying and interviewing so I don't have to rely on these benefits to begin with but until then they are helping me survive. Any other input on what to do is appreciated.
     
  5. cbg

    cbg Super Moderator

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    You tell your side of the story, the employer tells his. The adjudicator decides which story he likes best.

    You will have the opportunity to ask your employer questions, and he will have the same opportunity to ask you questions. The adjudicator can ask either or both of you questions.
     
  6. txls

    txls Well-Known Member

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    Keep your answers brief and to the point of the question(s) asked of you. Don't ramble on with irrelevant information. Make some notes ahead of time regarding specific dates, times and events so you can refer to them.

    Do I just submit my evidence, be quiet, answer questions, and let the referee decide what is relevant? Yes pretty much that.

    And is there an issue that I need to focus on more than the rest? The main issue is the reason for termination. Did you do something wrong? Did they give you any warnings?

    The next main issue is if they were paying you incorrectly as a contractor and not withholding taxes, then your benefits would be affected.
     

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