The top 10 ways to win an unemployment compensation hearing

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  • เผยแพร่เมื่อ 7 พ.ค. 2024
  • Attorney Glenn Gaffney discusses 10 ways to win an unemployment compensation hearing in this Quick Takes for Your Practice video.

ความคิดเห็น • 223

  • @HeroPrinny
    @HeroPrinny ปีที่แล้ว +26

    I won my employment appeal using this video. Thank you so much!

    • @foulgrog
      @foulgrog 9 หลายเดือนก่อน

      vec appeal?

  • @ezrabatista825
    @ezrabatista825 3 ปีที่แล้ว +96

    This video is a valid resource. After watching & preparing, I was able to win my first unemployment appeal. Thanks bro

    • @Yahyahpretty
      @Yahyahpretty 3 ปีที่แล้ว +5

      How long did it take to have your hearing from the day you filed your appeal?

    • @abmcghee3652
      @abmcghee3652 ปีที่แล้ว +3

      @@Yahyahpretty it took me over a year to get one

    • @tavzilla
      @tavzilla ปีที่แล้ว +4

      @@abmcghee3652damn mine took a few weeks

    • @pamelavance648
      @pamelavance648 ปีที่แล้ว

      @Yahyahpretty one and half years

    • @pamelavance648
      @pamelavance648 ปีที่แล้ว

      @@abmcghee3652 outcome???

  • @broskisasski6405
    @broskisasski6405 ปีที่แล้ว +22

    i was fired through a group text by a manager. But they are telling unemployment that i quit. Hearing is today. Wish me luck

    • @stephanieh5478
      @stephanieh5478 11 หลายเดือนก่อน +3

      How did it go?

    • @desireepeterson535
      @desireepeterson535 7 หลายเดือนก่อน

      Yeah how'd it go?

    • @broskisasski6405
      @broskisasski6405 7 หลายเดือนก่อน +7

      @@desireepeterson535 Lol the company i use to work for didn’t even show up to the hearing. It was an easy win for me

    • @desireepeterson535
      @desireepeterson535 7 หลายเดือนก่อน

      @@broskisasski6405 Nice! I hope it goes that way for me

    • @realmadzero
      @realmadzero 2 หลายเดือนก่อน

      Hope mine doesn't show up either. They lied and said I quit when the boss literally threatened me and then didn't allow me to come back to work when I asked. Then he lied about my start date and my last day of work. My appeal hearing is today

  • @teeny700
    @teeny700 4 ปีที่แล้ว +53

    Unemployment benefits is an insurance scam by the government. Employers and employees pay in through taxes. Employers through unemployment insurance and the employee through Medicare and state withheld taxes even though employers are convinced that ONLY they pay in.
    Veterans and the lower class are abused the most by unemployment. Higher risk employees pay in the SAME amount as a low risk employee. That's not how insurance works. If there is MORE money in unemployment. There is more money on the government's pocket.
    Its disgusting.
    My last employer is making HORRIBLE accusations of me. This video made me want to fight them even more. I really appreciated it.
    Thank you.

    • @cherokee1353
      @cherokee1353 3 ปีที่แล้ว +5

      Hi, Teeny
      I understand how you feel. I also didn't expect insurance could be like this.
      This is first weird experience in my life.
      TWC is there to block people get benefit rather than provide benefit service.
      No way to reach them, when they call me i just answer their question. They never provide details or what i missing to complete the claim.
      Seems like they are above the god. This hard period, they help situation worse.

    • @jenniferalonzo9278
      @jenniferalonzo9278 3 ปีที่แล้ว

      Same problem here 😥, can't get the

  • @victoriacousins4501
    @victoriacousins4501 3 ปีที่แล้ว +11

    Thank you very much! Well explained!

  • @DeriBird
    @DeriBird 3 หลายเดือนก่อน +2

    THANK YOU GAFFNEY. You seem like a sweet and genuine man.

  • @spawner89
    @spawner89 4 ปีที่แล้ว +25

    Although this video was based off of Illinois, I found it very informative and hope that information I've learned here will help me prevail in my VS employer case here in Ohio.

    • @nerdynonnerds671
      @nerdynonnerds671 2 ปีที่แล้ว

      Any way I can contact you ? I’m trying to start a case myself in Ohio

    • @shutit4024
      @shutit4024 2 ปีที่แล้ว

      How did it go?

  • @dannaalcocer-howey5026
    @dannaalcocer-howey5026 4 ปีที่แล้ว

    THANK YOU!

  • @twowingsatlanta4007
    @twowingsatlanta4007 3 ปีที่แล้ว +2

    Thank you so very much!
    Good information!! I am in the process of an Appeal. *The Truth shall Prevail!! (Me -vs- Employer... Michigan.)

  • @allishavaldez5725
    @allishavaldez5725 3 ปีที่แล้ว +1

    Thank you!

  • @ETOEstate
    @ETOEstate 3 วันที่ผ่านมา

    Great review of process.

  • @dannaalcocer-howey5026
    @dannaalcocer-howey5026 4 ปีที่แล้ว +2

    AWESOME INFORMATION. I realize your information is not here in Arkansas yet I’m sure a lot the same ty

    • @tavzilla
      @tavzilla ปีที่แล้ว

      Yes I am from Arkansas too and ran into this video

  • @sarasara-yo9rf
    @sarasara-yo9rf ปีที่แล้ว +5

    I applied for UI 5 months ago and after waiting that long I found out the employer has denied the claim! this is awful! The law should change, if employer fries, employer should pay for it!

  • @letsgoviral777
    @letsgoviral777 2 ปีที่แล้ว

    Thank you.

  • @chukiemedina3022
    @chukiemedina3022 4 ปีที่แล้ว +1

    I got hurt at the job While on my shift. I let my job no. My job did not give me any information or a tell me what to do. I went myself to the emergency Room and send copies of all the paperwork that I got from the hospital. it's workman's comp issue. But my job said it's not there I did not follow protocol. I'm not sure what is protocol but common sense to me is to let the job know what took place what happened and that's what I did. I apply for unemployment got 2 letters from unemployment 1st letter said I was eligible 2nd one said I was not so I put in an appeal not sure what to do now give me some advice please

  • @robertbaker50
    @robertbaker50 3 ปีที่แล้ว +5

    I left my job due to really bad equipment. I also took video footage and have pre trip documentation of it. I figure they will still fight me on it. It was a union job but the union representative and I both said they would retaliate in some form so it was best to just part ways.

    • @amandataebby
      @amandataebby 3 ปีที่แล้ว +2

      Would it be worth getting a lawyer? Could be a case of "constructive dismissal" if the equipment was dangerous or something. Basically you could try to prove you were forced to quit because of bad conditions. But I'm sure your union rep probably already considered this. Thought I'd throw it out there because I went through a similar thing, but non-union (a banking job, which seriously needs to be union). My company changed my office location after Covid and even put me in a different position I wasn't trained for - they refused to let me work my regular job from home (which my immediate manager even suggested to upper management). I couldn't commute to the new location (don't have a car, no public transport to the new office) then the company wouldn't let me have my old job back when the regular office reopened. It was ridiculous to close the regular office because I only worked with 4 other people, all spread far apart in their own closed spaces, and all my colleagues were very cautious of the virus. They assigned me to a place with more employees whom I didn't know, and in close proximity. It was a nightmare.

    • @robertbaker50
      @robertbaker50 3 ปีที่แล้ว +3

      @@amandataebby You won your case as soon as you mentioned the company you worked for moved their office out of transportation reach for you. No bus line and no vehicle. I had the same situation happen to me, were my car had crapped out completely and there was no bus in my town, I won my unemployment then. As for this company I'm dealing with now, after 14+ weeks I got a determination, they said I left my position due to medical reasons, this is far from the truth. I've been in touch with legal-aid, they're taking my case.

    • @mr.giraffe7076
      @mr.giraffe7076 2 ปีที่แล้ว

      Good luck.

  • @oopalonga
    @oopalonga ปีที่แล้ว +2

    hope this helps someone
    Understand the whole process of filing a claim, local office determination, appeal, and final review by the circuit court.
    Understand the legal term of misconduct, which can lead to the denial of unemployment benefits.
    Understand voluntary leaving and whether it is attributable to the employer or the employee.
    Prepare clients and witnesses for the hearing, rehearse testimony, and convince the referee that the employee was terminated for reasons other than misconduct.
    Present exhibits, submit them to the referee and the other side in advance of the hearing, and get them lined up in advance.
    Research cases on point for your fact pattern, find cases in the Illinois unemployment handbook and the digest of adjudicated precedents.
    Have witnesses available on the phone, identify them in advance, and make sure they are well-prepared to testify.
    Present witnesses smoothly and without interruption to win an unemployment compensation hearing.
    Make sure to cross-examine witnesses regarding explicit warnings or lack thereof, harm to the employer, and hearsay evidence.
    Get your positions on the record, cite relevant cases, and make objections as necessary.

  • @MoNeYMoRriSoN
    @MoNeYMoRriSoN 7 หลายเดือนก่อน

    Even if you voluntarily leave with a temp agency.

  • @jasonchavez8706
    @jasonchavez8706 2 ปีที่แล้ว

    They denied my claim because I didn't show 2 forms of i.d in time .so I appealed it .what should I do ??

  • @Adehead
    @Adehead ปีที่แล้ว +2

    This is very helpful at BR stage requested Transcript and exhibits. Will look up adjudicated precedence while waiting for transcript. Then put together a written brief. Western District Judge dismissed earlier related case but 5 out of 7 counts were without prejudice. I have filed with EEOC. ADA accommodations were not offered to tele work even after being granted tele work in 2020-2021 school year for the mere mention that I could not wear a mask. They fought it in 2021 because of my station an opinion regarding efficacy of masks. They granted FMLA and an additional 4 weeks medical leave but when I pressed them to accommodate my medical needs the issue was ignored and they proceeded to a loudermill hearing to charge me with willful misconduct and abandonment of job. The masks were still in place till after the hearing date in January i submitted a written response as to why I would not attend the hearing. They stated they used my letter as evidence but I do not believe it was even considered.

  • @jasonchavez8706
    @jasonchavez8706 2 ปีที่แล้ว

    Hello what happens if I have a scheduled appeal by phone an I miss it.????

  • @liong4893
    @liong4893 ปีที่แล้ว

    I live in PA , I have appeal appointment for overpayment for PUA ( self employed gig worker ) .any advice please ?.😊

  • @MsTesoro89
    @MsTesoro89 ปีที่แล้ว +1

    Thank you . I was unjustly voluntarily fired. After I got injured my spinal cord a
    a my job . They had put me into unpaid leave . After having my doctors letters . They sent me the letter .
    Terrible . What they did .
    Thank you so much for the information
    God Bless 🙏

  • @ej2333
    @ej2333 3 ปีที่แล้ว

    Hello.
    If my former employer who is not my last employer but 4th to last, is claiming to be my last employer,in order to receive employer benefits off my unemployment claim, when,
    I have 3 employers after him, don't think he is the one who should be receiving those. Also......when I first applied, the agent who took my claim, withheld wage information from another out of state unemployment agency. I know this, because they said I had no wages or hours to declare, but it is clearly on my original application, plus sent in financials and documents...which is how I became a victim of the Accellion data breach.
    Thanks

  • @dannaalcocer-howey5026
    @dannaalcocer-howey5026 4 ปีที่แล้ว +3

    I haven’t even received in mail denial or excepted. “ UNDECIDED “
    Everything makes Spence you say thank you!!!!!

  • @tommyarellano-cs8sq
    @tommyarellano-cs8sq ปีที่แล้ว +1

    was helpful

  • @bortiz5260
    @bortiz5260 7 หลายเดือนก่อน

    So my employer let me go without a waring or Anything because they think I punch in and out employees but they got no proof what’s so ever that why I’m collecting unemployment still but just yesterday they filed for a appeal should I be worried should I get a lawyer?

  • @patrickprice3230
    @patrickprice3230 2 ปีที่แล้ว

    Has anyone been fired for a safety violation? And how do present a winning case against it.

  • @danielgoldring4339
    @danielgoldring4339 3 ปีที่แล้ว

    Hi
    With all due respect
    I file I did not work for past 5 years did I do wrong please help me and how do I do it

  • @fleamarketmixtape3793
    @fleamarketmixtape3793 3 ปีที่แล้ว +1

    i didn't get any kind of warning or notice.... i was in the top 5 of efficiency regarding work production out of a lot of employees.... thousands in the facility and 300 per area of operation.... out of 300 employees! top 5! ??????????????? i had a dialogue with HR!!! let them know that i was having medical issues..... i just wanted my job back, not unemployment! the email i recently got said that the hearing will be by email? weird, but whatever! my phone service where i am is very bad so i'd rather have it that way i guess. oh yea! the HR eventually BLOCKED MY EMAILS!!!!!!!!! crazy!

  • @thegrandlevel313
    @thegrandlevel313 ปีที่แล้ว

    What if my employer supports my claim, but IDES is the problem and even sent me a determination for backdating letter where the font wasn’t updated or something and HALF the characters are rectangles?

  • @Nick-xc3qh
    @Nick-xc3qh 4 หลายเดือนก่อน

    7:24 my job did this to me would this qualify me in California for unemployment?

  • @kimanderson416
    @kimanderson416 3 ปีที่แล้ว +8

    I filed in June and have been receiving payments from June 14th, however I have not been able to get through to TWC and they never sent me the DUA packet that they claim they will send. Furthermore, upon leaving a request for call back and getting the call back one week later, I was told that even though I am eligable to receive DUA assistance, I was denied my back pay because I didnt file for the ui until June. A friend filed for exactly the same thing with almost identical circumstances and she filed 2 weeks after I did, and she is getting $11,000 in about 5 days?? Can they arbitrarily decide who gets it and who wont even with identical situations? I could lose my lease due to lack of income, which I lost a huge contract (self employed) as a result of covid-19. I filed an appeal and now the appeal wont even post for another 3 weeks. We could be on the streets by then. Is this even legal in Texas, arbitrary case denials?

    • @kimanderson416
      @kimanderson416 3 ปีที่แล้ว +1

      @Marlene DR
      I am not sure what I can help you with. I still have not received any word about my DUA backpay, and I am just as frustrated as ever. I would think if an employer wanted something like a change in tax filing status, he would probably have you sign something so challenge him with that angle. If that doesnt work, look up the strength of a verbal agreement and see what might work to your advantage. Sometimes the smallest piece of information can take down the biggest loser...Good luck.

  • @luzhelenahook1715
    @luzhelenahook1715 6 หลายเดือนก่อน

    I need to appeal in NJ, I was forced to leave my job because I asked to increase my time remotely, I worked 60% but I moved to my own house 5 hours from work, they don’t pay me enough to pay rent in NJ. I was one of the best employee for 9 years and they let me worked the previous years completely remotely almost all year because Covid. Can you give me any guidance please?

  • @Micscience
    @Micscience 2 ปีที่แล้ว +25

    I left my job but I felt like I was forced out because I was being targeted. I hope that doesn't fall under voluntary leave. Thanks for this video it was very informative.

    • @DavidPerez-bc7yk
      @DavidPerez-bc7yk 2 ปีที่แล้ว

      You or someone in your home was diagnosed with COVID-19, or have symptoms and are waiting to be diagnosed
      You’re caring for a family member or someone in your home who has COVID-19
      You’re caring for a child whose school or childcare is closed because of COVID-19
      You’ve been quarantined by a government body or medical professional
      You’ve lost your job or cannot reach your job because of COVID-19
      You’ve become the main source of income for a household due to a death caused by COVID-19
      You’ve quit your job because of COVID-19
      Your workplace is closed because of COVID-19
      You were scheduled to start a new job but could not because of COVID-19

    • @prettypatrece
      @prettypatrece 2 ปีที่แล้ว

      I have a case com up and the last issue is what I experienced. Do you have any advice?

    • @Micscience
      @Micscience 2 ปีที่แล้ว

      @@prettypatrece If you are still working what would help is to make a formal complaint so it is on record that you were having issues with your job.
      If you are referring to:
      (You were scheduled to start a new job but could not because of COVID-19)
      That I have no experience with.

    • @prettypatrece
      @prettypatrece 2 ปีที่แล้ว

      @@Micscience I was near death and went to the emergency room where I was told I had to stay and have emergency surgery. The next day I had surgery and was told I had to stay for a week but due to the rise in Covid-19 I was sent home with two weeks of bed rest. On the last week of my bed rest my job was shut down and I found a new job. I made it perfectly clear that I had to work in an environment that took precautions and measures to make sure they contained Covid-19 since I have a compromised immune system and I also help care for my elderly parents that have high compromised immune systems. I was told that they take the highest measures to ensure Covid-19 isn’t a problem yet they did just the opposite and on the second day they had to close because of Covid-19. I did the logical thing and quit. When I was tested I had Covid-19 that has caused so many complications and my elderly parents thank God didn’t have it. There was no way I could continue working there.

  • @kimpozo3514
    @kimpozo3514 3 ปีที่แล้ว

    Manager started dating me i moved in with tbem then it didn't work out so i moved out. He didn't fire me but didn't give me any hours so i had good cause to not continue work cause i wasn't on schedule. I never got letter i was fired. This happened around 18-20 months ago. Ive been severely depressed can i revieve unemployment im ready be homeless? Please help?

  • @williampenn2468
    @williampenn2468 ปีที่แล้ว +2

    I had a hearing with my job and the referee and the employer clearly said in the hearing that i was not fired for mis conduct and but the referee still ruled it as misconduct.

    • @realmadzero
      @realmadzero 2 หลายเดือนก่อน

      Take it to the board of reviews

  • @chgohaushead
    @chgohaushead ปีที่แล้ว +1

    How does anyone prove deliberate and or deliberate?

  • @dannaalcocer-howey5026
    @dannaalcocer-howey5026 4 ปีที่แล้ว +2

    I was not let into my work. Long term facility facility. Answering the corona virus check list.
    Every other day I had answered yes or no.
    Finally still coughing under a doctors care facility shut me out.
    Now we’re told by our Governer to stay home.

    • @trishjaye6204
      @trishjaye6204 4 ปีที่แล้ว

      I had a fever at work and was sent home.... i was told I couldn't return to work without a drs note.... a week later I received a call from my boss telling me not to return to work and to file for unemployment. She said that I had 5 days to file. So I did... i applied and got approved and after I got approved they called back and said come back to work put your children in daycare. Then a coworker said they want people to come back because they don't to pay unemployment and because everyone's making too much from unemployment. I didn't return because technically they already let me go when they said not to return and to go file for unemployment.... then the owner called me and said she's appealing my unemployment and she's going to say that I'm committing fraud because she never told me to file for unemployment. Still waiting for that process.... 😒

    • @dannaalcocer-howey5026
      @dannaalcocer-howey5026 4 ปีที่แล้ว +1

      Trish Jaye
      Right now we have Govener saying stay home. The employers can’t do anything. In fact he says they pay sick leave for all your days.
      I just wrote the Governor here a nice long note. Mailed it today

    • @gileymoultrie9806
      @gileymoultrie9806 4 ปีที่แล้ว

      @@trishjaye6204 hi what was the outcome with your appeal?

  • @ARmYofSixxTH
    @ARmYofSixxTH 7 หลายเดือนก่อน

    I was hungover and I could not go to work I told them this and I got fire do I have a case

  • @d.e5619
    @d.e5619 ปีที่แล้ว +2

    I got let go in June of last year w a severance package, I filed for unemployment and I never got anything... whenever I would finally get thru to someone they would say it's in progress...or they're backed up...come Feb, they send me letter of denial, I'm still devastated, in debt and in a verge of depression bc of this. I did finally go back to a new job in January but now I'm living paycheck to paycheck cuz of DOL. What can I do to collect my back pay? There must be something I can do...Please help!

  • @timn2708
    @timn2708 2 ปีที่แล้ว +2

    I was leaving my job and my employer requested a notice so they could plan ahead (for my replacement presumably). I submitted a one month notice as is customary for healthcare providers and was let go that same day. I filed for unemployment as the next job's start date was still unknown and COVID could potentially stop the new job from happening altogether (march 2020). Anybody have experience in being released beyond the standard 2 week notice like my situation??? My appeal hearing is this month.

    • @LoveJanelly
      @LoveJanelly 2 ปีที่แล้ว +1

      Can I ask how it went? I have mine next month.

    • @Crippin412
      @Crippin412 2 ปีที่แล้ว +1

      I won but it may depend on state and situation

  • @carollark6882
    @carollark6882 ปีที่แล้ว

    Where are you located ? I need legal advice for my appeal . My appeal is under consideration. What exactly does that mean ? Can I hire you to help me ?

  • @user-vj5fl3mv8y
    @user-vj5fl3mv8y 9 หลายเดือนก่อน

    What if we asked for those discipline documents are were denied?

    • @user-vj5fl3mv8y
      @user-vj5fl3mv8y 9 หลายเดือนก่อน

      Also what if the reason they fired you was because they made work so undoable (13hr shifts with a dislocated shoulder as the only person working without a truck partner and being given pools neglected by other coworkers they knew before hand were problematic

  • @nursejean903
    @nursejean903 3 ปีที่แล้ว +2

    Hi I live in Washington state. Do you have any contacts here that you can recommend?

    • @ej2333
      @ej2333 3 ปีที่แล้ว

      Me too!!!!! Im already to the point of taking them to court. How bad is it for you, nothing personal of course.

  • @barmanfreeman-lb9dp
    @barmanfreeman-lb9dp 10 หลายเดือนก่อน +1

    Everyone at my last job was a Drug user/opium addict.
    And I was Fired, and they're trying to make it look like I quit. 😒

  • @dannaalcocer-howey5026
    @dannaalcocer-howey5026 4 ปีที่แล้ว +5

    My local unemployment agency has had a undecided status. Yet I’ve served my waiting time.
    I’ve called everyone and Have waited now three four weeks

    • @cherokee1353
      @cherokee1353 3 ปีที่แล้ว +1

      TWC avoid phone apply for 4 month, after 4 months, they say i am not eligible which is not. Then i ask them letter of denial, then they transferred to someone nothing to do this claim.
      Then 3 months waiting online, they deny my claim without reason.
      I can"t forget ladies voice from TWC sound like master is ordering to their maid.
      That is what happen this 21 century with pandemic situation. Wow. They might want us to get affected by Covid then no requesting benefit.
      Wow.

  • @leevahal900
    @leevahal900 2 ปีที่แล้ว +5

    How many times can an employer an appeal.1st they appealed the initial clam than i appealed that decision.Now they have appealed that decision 6 months later.They never appeared for my appeal knowing they would either win or have to appeal again.So question how many times can the decision be appealed.Seems the courts favor employers becuase of their experience and its singling out employees as individuals based on previous claims .if not for cov2 quarantees and the UI dept shutting down I would not be in this mess.I thought i was done with it but now 6 months later its causing me grief again.

    • @JB_ceo
      @JB_ceo ปีที่แล้ว

      Yes me to

  • @marvinlassegue951
    @marvinlassegue951 9 หลายเดือนก่อน

    I didn’t mean to get angry at a on-site uniform security supervisor. I was upset he criticized me for talking to myself. My feelings got hurt because of that remark as the reason I lost my temper. I apologized, I don’t remember who I apologized to. Maybe it was my agency supervisor who told me she does not tolerate that behavior. I’m submissive to my employers behavioral wise.

  • @consuelamarieallen7270
    @consuelamarieallen7270 3 ปีที่แล้ว +1

    They also dramatically changed the nature of my shift

  • @dannaalcocer-howey5026
    @dannaalcocer-howey5026 4 ปีที่แล้ว +3

    I was there to work able to work. Corona virus 19 questioneer at front door said I couldn’t come in

    • @gileymoultrie9806
      @gileymoultrie9806 4 ปีที่แล้ว

      What is your reason for unemployment?

    • @DavidPerez-bc7yk
      @DavidPerez-bc7yk 2 ปีที่แล้ว

      You or someone in your home was diagnosed with COVID-19, or have symptoms and are waiting to be diagnosed
      You’re caring for a family member or someone in your home who has COVID-19
      You’re caring for a child whose school or childcare is closed because of COVID-19
      You’ve been quarantined by a government body or medical professional
      You’ve lost your job or cannot reach your job because of COVID-19
      You’ve become the main source of income for a household due to a death caused by COVID-19
      You’ve quit your job because of COVID-19
      Your workplace is closed because of COVID-19
      You were scheduled to start a new job but could not because of COVID-19

  • @nicole-ns1hj
    @nicole-ns1hj 3 ปีที่แล้ว +4

    Just to confirm, it will be my boss not HR as the employer in the hearing?

    • @shutit4024
      @shutit4024 2 ปีที่แล้ว +3

      I wanna know too we don’t have an HR

  • @NgocTrinhkaraoke
    @NgocTrinhkaraoke 3 ปีที่แล้ว +5

    I left my work because the employer was committed a misconduct. I presented my case and the referee denied my claim saying I should’ve secure another job before leaving. Is that valid?

    • @tjp2109
      @tjp2109 3 ปีที่แล้ว +2

      You'd have to prove it and it'd have to be grievous. Employers get away with a lot of misconduct and malfeasance. Basically, try to get yourself 'laid-off' to collect unemployment or act all happy and kiss ass and find another job. Don't burn bridges. It's better to get a good reference then to leave in fire and flames.

    • @mr.giraffe7076
      @mr.giraffe7076 2 ปีที่แล้ว

      The problem is you left. When you leave it is almost always your fault.

    • @SnappingTurtle444
      @SnappingTurtle444 2 ปีที่แล้ว

      Probably should have appealed again with the board.

  • @sulaimanfarooqi1531
    @sulaimanfarooqi1531 11 หลายเดือนก่อน +2

    So I was terminated for leaving work early due to a family emergency without notifying anyone couple months back. I was given a written warning about this which I violated a couple days prior to the incident. At the time my senior project manager was on vacation and all of my principals were extremely busy at meetings. My role was a junior Project Manager and the person that "snitched" on me was essentially my underlings. She told my principal in person that I left without any notice to her and did not leave any tasks for her to do for the rest of the day. This was a lie as I left numerous tasks for her to do which she did not need any of my assistance to do as she already had the skills and knowledge to do so. So my question is; am I basically screwed for signing the written warning or do I have atleast some chance to win especially if the employer doesn't show up for the hearing? Just want to know if I should waste my time pursuing this or not.

    • @sulaimanfarooqi1531
      @sulaimanfarooqi1531 10 หลายเดือนก่อน

      So I had my hearing today... Totally butchered it... Oh well 🤷

    • @awolfe5439
      @awolfe5439 4 หลายเดือนก่อน

      @@sulaimanfarooqi1531any update

  • @BinaryTechnique
    @BinaryTechnique ปีที่แล้ว

    I have a special needs son that I have to take care of every morning. I applied to this company bc I needed a second shift job. After 2 1/2 years they came to me and said you're the low man on seniority, you have to switch to 2 am 10:30 am shift starting January 1st, told them I couldn't due to my son's needs. They said that would be a voluntary layoff. Does that prevent me to get unemployment while I look for another job? Please help

    • @illuminape7632
      @illuminape7632 4 หลายเดือนก่อน

      That sounds like they weren't making a reasonable accomodations. That sounds like you are entitled to benefits as they are terminating you for their own reasons, not any of your doing.

  • @lucyhg2010
    @lucyhg2010 2 ปีที่แล้ว +1

    I missed a resea phone call and my benefits were stopped. I appealed and they received my appeal November 17 2021 but I still haven’t had a hearing date. IDES sucks ass and there’s no way to sign up for resea plus there’s no in person program it’s only over the phone so it’s all just bs. Why is my appeal taking so long to be scheduled.

    • @NoelleRobinson-ji8dy
      @NoelleRobinson-ji8dy 3 หลายเดือนก่อน

      do you know how long the process took? im still waiting for an appeal date and its been months

  • @maxmedlin4875
    @maxmedlin4875 3 ปีที่แล้ว +3

    I wish you were here in Ohio. Many advertise about being an unemployment letter but many have no idea how to provide a strategy. Many have NO clue. Your on your own here.

  • @chrisleearies484
    @chrisleearies484 4 ปีที่แล้ว +7

    I live in southeast Wisconsin and i've been fired for "poor performance"

    • @tsarpeteri8578
      @tsarpeteri8578 4 ปีที่แล้ว +4

      Chris Lee Aries I got fired for no call no show policy, but every time I would break that policy it was because of an emergency

    • @chrisleearies484
      @chrisleearies484 4 ปีที่แล้ว +4

      @@tsarpeteri8578 Employers would ask for a dr. Note if it was due to personal injury. A family emergency is more complicating since a employer would think it's an intentional excuse. I learned that owners of a company can be real dicks and micromanage if they feel someone is "slow" the owner is an ahole and thinks I can finish in time with no help. I was just the only dishwasher and there was 4 cooks on super busy weekend days. No help, no breaks, and no efing around still made me finish 2 hours after closing. It's very unfair and inhuman being wrongfully terminated in December

    • @kparks2995
      @kparks2995 4 ปีที่แล้ว +2

      were you denied? i thought performance issues aren't grounds for denial of benefits

    • @chrisleearies484
      @chrisleearies484 4 ปีที่แล้ว +4

      @@kparks2995 I think I was. It has to do with reason fired to. The Unemployment agency has a hard time deciding to give a payout if fired for "poor performance" being laid off is easier for there decision to give out unemployment

    • @kparks2995
      @kparks2995 4 ปีที่แล้ว +1

      @@chrisleearies484 oh okay.. gotcha.. good luck moving forward!!

  • @amandataebby
    @amandataebby 3 ปีที่แล้ว +3

    I made a big mistake not reading carefully through the instructions on my Notice of Hearing, but I've been fighting mine for 8 months and all the papers have me overwhelmed. Still my fault, but I hope they give me the opportunity to mention email evidence I have. Mine required 5 days before the hearing to submit documents, and now it's too late.

    • @JustinTv88601
      @JustinTv88601 3 ปีที่แล้ว

      Did u win

    • @amandataebby
      @amandataebby 3 ปีที่แล้ว +1

      @@JustinTv88601 No. My case was complicated because I quit the job due to Covid concerns and living with my elderly parents (I didn't want to bring it home to them) however the laws are changing where they are considering benefits to those who quit for that reason. However, you have to prove it and submit evidence, which I did not do. They wanted me to have physical paperwork from my parent's doctors stating they are at higher risk (UC office ignores CDC guidelines regarding people over 60 with health issues, so you must have actual papers from a doctor to prove it because I guess anyone can make up a story). Me quitting was complicated because my job/office closed during Covid shutdowns but the company assigned me to another office which I could not commute to (don't have a car, no public transport), it was bigger with more employees and customers (more potential exposure) and it was a different position than what I was hired for. The company refused to let me work at home, then refused my job back when the regular office reopened. They gave me one option that was unreasonable, but UC didn't care apparently, but it's my error for not submitting hard evidence to prove my case (don't know how I can prove not having transportation, other than my original job was within walking distance to my home) So in the end it was treated like I simply quit. Sorry for the novel. My advice is to have as much hard evidence as possible and submit it within the time frame. I only blame myself. Like, if you want to claim the sky is blue, you need hard scientific evidence to prove it to UC. Might be worthwhile to call some lawyers for the free 1 hour consultation and get some advice on how to prove your case since the rules keep changing.

    • @JustinTv88601
      @JustinTv88601 3 ปีที่แล้ว

      @@amandataebby I had my hearing this morning, my supervisor fired me on June 26 2020 but when I got on the phone call for the hearing they said I wasn't fired on that date and they wrote me up 3 days on the 7/1, 7/2, and 7/6 for no call no show and I when I got thru telling my case in the matter the judge ask the HR guy if I would've came back on the 7/1 would I still be fired and he said naw we would've talked about it and figured it out( keep in mind at the job I was working at we was allowed 8 points until we point out) so when the judge ask him the ? He asked him, "how many points did he have on his last day there on June 26 2020? and the HR replied he had 10 points and the judge said "so that would mean he would be fired right"? And the HR said yea you right he would've been fired and said I don't have no explanation for that, so I'm praying that it work out in my favor because I been struggling, I could really use this blessing.....

    • @JustinTv88601
      @JustinTv88601 3 ปีที่แล้ว

      @@amandataebby they was tryna make it look like I didn't get fired and I stop coming in to work when I was seeing $600-700 checks every week I'm praying I win....

    • @JustinTv88601
      @JustinTv88601 2 ปีที่แล้ว +1

      @@TedKennedy. hell yea bro my supervisor informed me she was firing me because of my points we allowed 8 points til we point out n she told me i had 9 points but i had one vacation day left, so when I got my appeal in late Jan. and I found out she wrote it up as she didnt fired me that day but as I stopped coming to work 3 days no calls no shows and she wrote me up 3 days after I was fired 😂 so the judge ask the HR rep how many points I had on my last day there and he replied 10 points so the judge said that mean he wouldve been fired right? and the rep said yes you right sir I dont have nothing to say about that 😂😂 and the judge said I have no further questions and the next morning I woke up to over 12,000 on my card n $535 a week bro #sweetrevenge My old supervisor was dirty n been tryna fired me for months but she couldnt never get nothing on me because I always went to work everyday and did my job so I guess she thought that was her best shot at me but it backfired 😂 😂 😂 she had the HR rep looking stupid and fighting against his own self, I smile everytime I think about it and now Im 5-5 in umemployment appeals throughout my life working these BS jobs and im 32 years old bro.....

  • @isaiahbenavidez9751
    @isaiahbenavidez9751 4 ปีที่แล้ว +1

    I had a court case over the phone and they didn't show I felt insulted but what does that mean does that go in my favor?

    • @trishjaye6204
      @trishjaye6204 4 ปีที่แล้ว +7

      If you're referring to the employer.... that didn't show... then yes it should go in your favor.

    • @virtualreality512
      @virtualreality512 3 ปีที่แล้ว

      No

  • @prettypatrece
    @prettypatrece 2 ปีที่แล้ว

    Can anyone help me. I left a new job due to them not taking Covid-19 seriously and me catching Covid-19 with a very compromised immune system and I also care for my elderly parents.

  • @jonathanflores2191
    @jonathanflores2191 6 หลายเดือนก่อน +1

    I got paid and I represented myself.

  • @greenviolist34
    @greenviolist34 3 ปีที่แล้ว

    Maybe address the issue of having a poor ALJ.
    What do you do when he flat out says "I didn't review the materials you sent, there was too much. "

    • @virtualreality512
      @virtualreality512 3 ปีที่แล้ว

      I heard you can file an appeal to Board of Review.

    • @greenviolist34
      @greenviolist34 3 ปีที่แล้ว

      @@virtualreality512
      HAHAHA
      HAHA
      Ha!
      Good luck.
      Don't be bummed when your hopes go up in smoke.

  • @bigro4444
    @bigro4444 11 หลายเดือนก่อน

    Referees are not referees, they are employees of the state. They will always rule in favor of the state unless there is no clear case in their favor.

  • @nhoodjazz
    @nhoodjazz 3 ปีที่แล้ว +4

    I won my case what now??? When will I get paid

    • @rubylopez5428
      @rubylopez5428 3 ปีที่แล้ว +2

      How did you win? Why we’re u let go!?

    • @ranishacowser1093
      @ranishacowser1093 2 ปีที่แล้ว

      Did you get the money how long it took

  • @thomas-is6nx
    @thomas-is6nx 4 หลายเดือนก่อน

    i need a lawyer for my unemployment compensation hearing

  • @allishavaldez5725
    @allishavaldez5725 3 ปีที่แล้ว +3

    Im appealing an unemployment

  • @nicky9148
    @nicky9148 3 ปีที่แล้ว

    What if you miss the 10 day appeal date?

  • @maribelvilluanuva9609
    @maribelvilluanuva9609 ปีที่แล้ว

    I have a question before I appeal have to have lawyer

  • @chgohaushead
    @chgohaushead ปีที่แล้ว

    My employer was not at either hearing or appeal.

    • @stephanieh5478
      @stephanieh5478 11 หลายเดือนก่อน

      What ended up happening?

    • @Jaybees4
      @Jaybees4 8 หลายเดือนก่อน

      Must of gotten that bag

  • @joseliberto8598
    @joseliberto8598 3 ปีที่แล้ว

    I could definitely use somebody's help with knowledge anyone assist me on my question

  • @consuelamarieallen7270
    @consuelamarieallen7270 3 ปีที่แล้ว +4

    I dozed off during a training and got fired. I then got denied unemployment. She acknowledged that I didn't do it on purpose.

    • @SnappingTurtle444
      @SnappingTurtle444 2 ปีที่แล้ว +1

      😂 Damn that's cut throat. Don't mean to laugh.

  • @cindypetrosino5795
    @cindypetrosino5795 ปีที่แล้ว

    I worked 3.5 years pt at a liquor store/bar. I am disabled, aphasia. My 2 employers know that. The woman =employer during the day, kinda make fun of me, if she has a bad day, I was her punching bag! I worked 1 hr in the morning to clean. 2 hrs evening to stock, from the back room to the freezer. Not a easy job! I did more than the employers! The man-employer told me a few times, should be skinnier? I told him, never say this to me again! did again! I had more problems with them. I had to quit my job new years eve 2021. I did apply for unemployment. I have an appeal hearing tomorrow, I do have a lawyer (LSNJ) too. I do hopefully I will win? What happens if the employers do not, go through the appeal? We will see! And-I feel like, mental abused from them! I gave my 2 weeks to leave 3 times to the male employer, both, sweet talked to still working there. Now-I feel so stupid.

  • @MrMlbfan28
    @MrMlbfan28 3 ปีที่แล้ว +5

    What if the employer doesn't show up to a hearing?

    • @fallingxshadow
      @fallingxshadow 2 ปีที่แล้ว +8

      High chance they'll re-appeal or reschedule. Don't let your guard down.

    • @maisha27
      @maisha27 ปีที่แล้ว

      My employer didn’t attend my hearing, they denied my unemployment. I did an appeal again and it when to the board of review. My decision says the board of review adopts the findings of the administrative hearing officer and hear your affirms the decision. What does that mean?

  • @jjlopez8696
    @jjlopez8696 3 ปีที่แล้ว +9

    Wow I'm so depressed and frustrated, I was approved benefits back in May 2020 I have been getting benefits since then but today February 09, 2021 they told me that my employer is appealing my employment, It is been al most a year, this is NOT my fault, what if they now say that the company is right? How am I gonna pay so much money back for something it didn't approve, but TWC DID! Any help?

    • @smileyy7345
      @smileyy7345 3 ปีที่แล้ว +4

      Hey ! I have the same Issue! Today i got a letter stating I have an appeal hearing by my employer and i’ve also been getting benefits since late May! I really don’t know what to do.

    • @jjlopez8696
      @jjlopez8696 3 ปีที่แล้ว +7

      @@smileyy7345 It is SO WRONG and depressing that after almost a year they will challenge our benefits and maybe even charge all the money back for something they approved. I heard that so many people had their appeals from companies like in a month after approved, but after ten months that is NOT RIGHT!! so frustrating. They should fix the issue with the company themselves at this point.

    • @smileyy7345
      @smileyy7345 3 ปีที่แล้ว +3

      @@jjlopez8696 How did it go for you ? I have the appeal hearing this friday and i honestly don’t know what to do.

    • @jjlopez8696
      @jjlopez8696 3 ปีที่แล้ว +3

      @@smileyy7345 Mine is on Feb 23 yours will be first so please let me know what decision they make that weekend on Monday after the hearing. I wish you the best luck and that everything is in your favor. I called them and left them a voice mail they call back, they said that they made a decision already knowing that I was qualify for benefits but that the company wants to hear my story thinking that it is incorrect, that as long as i keep my original statement from when I applied it should be good, .Look at the package they sent you in the mail, it says exactly the incorrect information the company gave them and thinking they are right,.

    • @smileyy7345
      @smileyy7345 3 ปีที่แล้ว +4

      @@jjlopez8696 Thank youu so much ! and yes! I’ll let you know! I really hope everything goes in my favor because i honestly don’t know how i’m going to pay anything 😭 and i don’t want to get locked up eitherr 😭😭

  • @leobonek3204
    @leobonek3204 ปีที่แล้ว

    He keeps using the word referee?
    I live in California and they don't call them that but maybe that's just another term that is used?.... Most everything he's saying sounds valid for California but possibly it's a little different?..... I'm going through a issue, case, problem where the owner of the shop I worked at can't be honest, won't be honest, has decided not to be honest... she's coming up with every kind of story it's incredibly stressful to watch her turn into this type of a person, she believes the money is coming out of her pocket and she's scared to death.....

  • @nvanphoto5929
    @nvanphoto5929 ปีที่แล้ว +1

    My Employer said I had excessive absences and thus terminated me. I had been on FMLA then four more weeks Dr approved leave for disability due to mask policy. When I asked for reasonable accommodations for the fourth or fifth time. They simply ignored my request stating I needed a doctors note to return to work knowing that Masks were still in place and I would not be able to enter the building. The 2020-2021 school year when I stated I could not wear a mask I was placed in cyber so worked from home. retaliation for me filing in western district court asking the School District to make masks optional so people could choose.

  • @michaelconrad1801
    @michaelconrad1801 3 ปีที่แล้ว +2

    Alot of overpaid going on over the last year!

    • @shutit4024
      @shutit4024 2 ปีที่แล้ว

      Exactly now it’s hard to f***king get unemployment

  • @juliehoffman-halliburton9990
    @juliehoffman-halliburton9990 4 ปีที่แล้ว +3

    I was terminated after a black coworker made complaint to HR that she overheard me say something to another coworker and claimed she was offended, after this coworker approached me, I apologized and said coworker said because they knew me and knew I meant nothing by it, it would go no further. I never mentioned another word about it giving no reason not cause for this coworker to escalate it to HR, but she did and I was had no knowledge of her actions until I was called in a room and told by HR said coworker filed a complaint in which said coworker claimed to be extremely offended by what I said, HR told me they have a no tolerance policy when it comes to racism in the workplace and I was terminated. I’m in California and I’ve filed for unemployment but they scheduled an interview for this Tuesday. I been unemployed a month, I can’t afford to get denied and have to appeal. How do avoid that process and get interviewer to approve my claim?
    I’m in Southern California.

    • @jasminemcgregor2495
      @jasminemcgregor2495 4 ปีที่แล้ว +19

      You said what you said, now face the consequences. Unemployed for one month... that's on you you had one month to find another job.

    • @ryanboskie1105
      @ryanboskie1105 4 ปีที่แล้ว +4

      @@jasminemcgregor2495 SCREAMING!!!!!!!!!!!!!!!!

    • @amwlanier
      @amwlanier 4 ปีที่แล้ว

      what exactly did you say?

    • @juliehoffman-halliburton9990
      @juliehoffman-halliburton9990 4 ปีที่แล้ว

      A L A couple coworkers were having a conversation about judge Judy retiring and they got on topic of other similar programs on tv and they were trying to remember the name, I turned and ask is it the one with the 2 white and 1 color gentleman, my coworker said yes and I said I think it’s called hot bench and I turned around and went back to working. That is verbatim what I said. And the person overheard the conversation and overheard what I said to 2 other coworkers. All this person honed in on was the word “colored” and what I said “color gentleman” clearly it’s a kind, non malicious descriptor, not racist nor a racial slur. She said she knew I meant nothing by it. My perception when I observed, her demeanor when she approached me I could see she was visibly upset, to the point her eyes looked teared up I was wondering wtf happened, what was wrong, I was absolutely flabbergasted that she was in that state because she overheard me use the word “colored” and said she was so upset she had to take a break to calm herself. And she started blabbering and mumbling stuff, about history and said something like “We” haven’t been colored for decades. I was dumbfounded, how my having said “COLOR GENTLEMAN” I did not use the label “COLORED”, that not I said, and the realization of it is, she heard what I said and said she knew I meant nothing by it, she made it something it wasn’t, she got herself all worked up over it, the way she carried on about the history of her nationality she took it to an absolute extreme, she reverted in her own back to periods of history and the use of the word colored and she got herself all worked up into a very apparent tizzy and I never said another word about it, I did nothing, said nothing to further upset her, no cause for her to continue, I did absolutely nothing to further upset her, yet she continued to escalate it within herself, it kept building and building and she got there by herself, the way she acted was so over the top you’d think I called her something extremely offensive, like called her a f*ing n to her face or worse, what I said absolutely didn’t warrant her behavior or her actions. She shouldn’t of gotten away with taking that complaint to HR, what I actually said vs what her complaint was, she built it up and built it up and she was so over the top I think of it now and i think what she is is pathetic, she obviously has rage in relation to her race but it’s not okay to use your own rage, racially motivated to target someone and pursue actions that result in an innocent person being unduly punished for having something that was nothing more and an poor choice of word, an innocent faux pas to play the race card and get a coworker terminated because they said “color gentleman” Instead her actions and behavior were and are abusive & she shouldn’t of gotten away with it but companies are so afraid of these types of law suits they take immediate action and terminate the accused rather than protect an employee from being falsely accused and unduly punished, the loss of a job can really fuck someone’s life up fast, the loss of income, for someone who cannot afford to loose one day of pay, cant collect unemployment because they were terminated, according to EDD with cause because of her complaint, can’t pay my bills, wont have rent that’s due the 1st, the property management is strict and will start the eviction process and Me and my 2 dogs are facing becoming homeless....does she give a shit, did she thing of the possible ramification her allegations and accusation and pursuit to get me terminated and the potential affect her actions would have on my life, Because I said “color gentleman”, the punishment doesn’t fit the crime.

    • @juliehoffman-halliburton9990
      @juliehoffman-halliburton9990 4 ปีที่แล้ว +1

      Jasmine Mcgregor I have worked 3 jobs for the last 18 months. This job was my main source of income. According to my lawyer these type of cases are on the rise and the courts have started to recognize the term “pull the race card” and the privilege associated thats associated is being used in a way that is wrongful and the manner in which its not used in the manner in which it was intended, it’s abusive and to abuse.

  • @glennmonson5214
    @glennmonson5214 ปีที่แล้ว

    Dont waste your time on an appeal without a lawyer. Wow what a joke . Every person I have ever had any conservation with involved with EDD was an nasty rude arse. There was no hearing it was this supposed impartial administrative law judge, who was in no way impartial. Who literally without me saying a word except and occasional ok after he said something. Do nothing but scold me and chastise me to not speak and let him talk . I hadnt said a word until he tried to enter into the record I called late . Actually I called 4 times the first I was 30 minutes early, when he didnt call back like he was suppose to. AT 945 iI called again . he finally answered at 10 and asked me why I was late calling. Unbelievable.