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What R my chances of winning unemployment appeal?

Discussion in 'Termination: Firing & Resignation' started by ESusanne, Jul 18, 2010.

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  1. ESusanne

    ESusanne Law Topic Starter New Member

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    I was asked to resign from my employer. I filed for unemployment and was denied. I have now applied for an appeal and I have the phone call appeal set for next week. My employer claims that I violated company policy by discussing with a guest about my disciplinary action regarding a complaint that I was sitting on my foot. (I was the PM Concierge at the Tulsa Renaissance 4-Diamond Hotel). As small as this infraction sounds, I still denied sitting on my foot. I have explained that the discussion was an "answer" to a question from a guest. The question was, "Have you ever been repremanded". I answered that "Yes", I have, but that I loved my job and I was still new to the position and still learning. I was only in this new position for 9 weeks when my employer asked me to resign because of "trust" issues. What are my chances of winning this appeal?
     
  2. army judge

    army judge Super Moderator

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    You resigned. You may feel you were bullied or tricked into resigning, nevertheless, you voluntarily left your position. You quit your job. Sadly, you won't win the appeal, because you voluntarily left your position.


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  3. Patricia_Young

    Patricia_Young New Member

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    However, if it was "resign or be fired", most states see that as an involuntary termination.
     
  4. army judge

    army judge Super Moderator

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    Are their employers (still in business) dumb enough to say that? Or, dumb enough to admit they said that? I know employers who discriminate against seniors, women, those with disabilities, those with different sexual preferences, and even minorities; but none of them are dumb enough to admit to it.
     
  5. Patricia_Young

    Patricia_Young New Member

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    Yes, some are.
     
  6. ESusanne

    ESusanne Law Topic Starter New Member

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    I was Foced to resign. I had the option of being fired or resign. Those were my only options.
     
  7. Patricia_Young

    Patricia_Young New Member

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    Well, no you weren't forced unless the employer was holding a gun to your head.
     
  8. ESusanne

    ESusanne Law Topic Starter New Member

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    Well, they fired me and said that if I prefered, I could resign. I chose to resign because I needed to look for another job. There was no option to stay on and I was told that I cannot be rehired with this company. No, they didn't hold a gun to my head...but, I was out the door regardless.
     
  9. Patricia_Young

    Patricia_Young New Member

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    Then that's what you tell the UI commission.

    "I was told by Mr. X on (date) that I could either resign or I would be fired. That was the only choice I was given."
     
  10. army judge

    army judge Super Moderator

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    If you only worked for that employer for nine weeks, did you have other earnings within the last six months, year?

    You need more than two months employment to qualify for UI.


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  11. ESusanne

    ESusanne Law Topic Starter New Member

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    I worked for the company for about 7 months. After 4 months I was promoted to this new position that had a totally different job description. I was moved from the front desk of the Renaissance Hotel to the PM Concierge. PM Concierge caters to the hotels VIP's and frequent visitors. I held the position of PM Concierge for only about 9 weeks when the HR manager told me that I was fired because of "trust" issues. (He then said I could resign, but either way they did not have a position for me any more)...All incinuations and accusations, I denied...they were all speculations with nothing to base any facts on. I was receiving a lot of accolades from guests, lots of favorable comments and compliments. I believe that the AM concierge was not happy with me for several reasons and possibly because of some of these reasons. It's still a mystery to me as to the reason that they wanted me gone...I truly felt like I was doing an outstanding job.
     
  12. army judge

    army judge Super Moderator

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    People can be jealous and cruel.
     
  13. ESusanne

    ESusanne Law Topic Starter New Member

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    Well, yes, that is my suspicion, however, how do I prove that to the UI commission without sounding like I am grasping for approval. I cannot suppeona the guests that flowered me with compliments for the very reasons that they appreciated my attentive behavior and respect for their privacy. Even if my suspicion is correct that the AM Concierge was jealous and felt threatened by my being there, she had enough pull with management that my "new hire" level of employment gave her pull that I could not match.
    Are my chances of winning this appeal pretty slim? I was just hoping to get a heads up before the phone call...and any advice if you could think of anything that would help.
     
  14. army judge

    army judge Super Moderator

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    If you know some of the guests that you served and they appreciated your services, ask them to give you letters of support/recommendation.

    Most people (I know I would) would be more than happy to help. They could email their endorsements to you. You in turn could fax or email the letters to the appeals panel.

    A couple of concise paragraphs from appreciative customers recognizing your performance and supporting your efforts on their behalf should be quite persuasive. In fact, I'd submit them to my former employer, just so they'd know what I actually did. They could also be helpful in your new employment efforts. Good luck.





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  15. Patricia_Young

    Patricia_Young New Member

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    Generally speaking, "appeals boards" do not accept written statements from individuals unless those individuals are present to be questioned. Anybody can put together a statement on a PC and forge somebody's name.
     
  16. ESusanne

    ESusanne Law Topic Starter New Member

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    well, as you can imagine, working at a hotel, the only 4-diamond hotel in Tulsa, many of these guests do not live in the area...being available for this phone call is next to impossible. They are business travelors...I have requested letters, but do not believe I can expect them to be present for the phone call on Thursday in Tulsa, Oklahoma...that is presuming too much...
     
  17. army judge

    army judge Super Moderator

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    I never suggested they would participate in YOUR phone call.
    I merely suggested they could provide you with letters of support.
    Maybe you'll get a few email replies back.
    Or, maybe some would be willing to allow you to provide their contact numbers so the appeals judge/referee could try and contact them, if necessary.
     
  18. army judge

    army judge Super Moderator

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    If "anybody" did that, "anybody" could get in trouble, too.
    "Anybody" can ask the appeals judge/panel referee to accept supplementary material.
    I've been allowed to do it in many of these "types" of hearings.

    What would YOU suggest "anybody" to do?
    "Anybody" was asking for threads and slivers of hope.
     
  19. Patricia_Young

    Patricia_Young New Member

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    Have the person available for the call.
     
  20. ESusanne

    ESusanne Law Topic Starter New Member

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    Just as I mentioned, I do not believe I can have any of the guests that I felt were pleased with my hospitality be available for the appeal phone call. I have contacted 4 of them who had given me business cards....I am waiting for their response...One of them has contacted me and has recommended me for a job in Tulsa and given me a contact name. These guests are travelers and I'm sure they cannot just take off work to support my case. Given this scenerio, is it still more likely that I will lose the appeal? Thanks...
     

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