Appeals hearing---want your thoughts

I was laid off from my job a few months ago. The day of the incident, my employer said that he was letting me go because he did not have enough work available, and that my position was being eliminated companywide. I asked the employer if I was eligible to collect unemployment benefits, to which they responded "yes." Well, I just received a notice in the mail saying that my former employer has filed an appeal, stating that I was not laid off, but, in fact, fired for 'poor performance.' It seems to me that my former employer is trying to save a couple bucks. So, now I have to participate in a telephone appeals hearing with this slimeball. Of course, I'm extremely angry ,but I wanted to get your thoughts on this situation. Have you faced a similar situation? What was the outcome? Any advice is appreciated. Thanks.

Dissatisfied in Duluth, Georgia said: I was laid off from my job a few months ago. The day of the incident, my employer said that he was letting me go because he did not have enough work available, and that my position was being eliminated companywide. I asked the employer if I was eligible to collect unemployment benefits, to which they responded "yes." Well, I just received a notice in the mail saying that my former employer has filed an appeal, stating that I was not laid off, but, in fact, fired for 'poor performance.' It seems to me that my former employer is trying to save a couple bucks. So, now I have to participate in a telephone appeals hearing with this slimeball. Of course, I'm extremely angry ,but I wanted to get your thoughts on this situation. Have you faced a similar situation? What was the outcome? Any advice is appreciated. Thanks.

DON'T WORRY ABOUT IT. Sounds like an AH (as-hollle) at work. Doesn't matter why you got laid off - unless you contributed to the problem. You collect unemployment if you are unemployed due to no fault of your own - meaning if you were not let go because of your own behavior (such as fighting, causing trouble and you had been warned, didn't show up for work, drug use/drinking at work, Internet use at work) - you are entitled to unemployment.

Fired because of poor performance - you definitely get unemployment. Sounds like AH doesn't know that.

Hi "Dissatisfied in Duluth, Georgia" My name is Tito and I am going thru a situation 95% similar to yours... I live in chamblee GA and am wondering, did you ever get to appeal the dicision in case it was denied or what did you have to deal with at D.O.L.?

If any one has additional or helpful information please forward to mwai58@yahoo.com.

Thank you for your time.

Dissatisfied in Duluth, Georgia said: I was laid off from my job a few months ago. The day of the incident, my employer said that he was letting me go because he did not have enough work available, and that my position was being eliminated companywide. I asked the employer if I was eligible to collect unemployment benefits, to which they responded "yes." Well, I just received a notice in the mail saying that my former employer has filed an appeal, stating that I was not laid off, but, in fact, fired for 'poor performance.' It seems to me that my former employer is trying to save a couple bucks. So, now I have to participate in a telephone appeals hearing with this slimeball. Of course, I'm extremely angry ,but I wanted to get your thoughts on this situation. Have you faced a similar situation? What was the outcome? Any advice is appreciated. Thanks.

My former employer was a law firm - so the rep on the phone was an associate who was allowed basically to cross exam me. We really won at each appeal. the board overturned the timelyness matter and sent it back review of merits and we won. the employer took it all the way to superior court. i had to hire an attorney. (she used to be a hearing officer for the Dept of Labor - she did an excellent job) the employer did that because they had nothing to lose and it did not cost them anything except the filing fee. It is my understanding that they have to evidence of poor performance. If you have never been written up or anything. My employer alleged that i had made a mistake that cost the firm money - didn't happen - but apparently that would not have kept me from getting unemployment. Your former employer will be allowed to question you at the phone hearing and make sure you have all your points you want on the record at the phone hearing because if they appeal again you can't add anything to it, only what you get on the record at the phone hearing. good luck

Thanks for the advice. My former employer actually withdrew the appeal a few weeks before the hearing date (hmmm...), so I'm still receiving benefits.

Thank you for the info. Good luck in all your endeavours!

Jennifer Gilbert in Marietta, Georgia said: My former employer was a law firm - so the rep on the phone was an associate who was allowed basically to cross exam me. We really won at each appeal. the board overturned the timelyness matter and sent it back review of merits and we won. the employer took it all the way to superior court. i had to hire an attorney. (she used to be a hearing officer for the Dept of Labor - she did an excellent job) the employer did that because they had nothing to lose and it did not cost them anything except the filing fee. It is my understanding that they have to evidence of poor performance. If you have never been written up or anything. My employer alleged that i had made a mistake that cost the firm money - didn't happen - but apparently that would not have kept me from getting unemployment. Your former employer will be allowed to question you at the phone hearing and make sure you have all your points you want on the record at the phone hearing because if they appeal again you can't add anything to it, only what you get on the record at the phone hearing. good luck

Could you please give me the name of this attorney? email to willardmahan2510@comcast.net. need help...

need attorney in Morrow, Georgia said: Could you please give me the name of this attorney? email to willardmahan2510@comcast.net. need help...

Lisa J. Sowers
Attorney at Law

Lisa J. Sowers, P.C.
3522 Ashford Dunwoody Rd.
Ste. 141
Atlanta, GA 30319
Phone:
Email: ljsowers@gmail.com

Thanks for all the feedback here. I am going for an appeal hearing tomorrow. Don't know what will come of it. My employer told me they were putting someone else in my job and I needed to find another. I was on vac the next two days. I came back Friday and was sent home. Upon first contact w/ DOL they said they had not told me they were letting me go. Then they changed it and said they had suspended me, then they changed to poor job performance. Phew! What a mess. Anyway, it is just good to know you are not alone. Sometimes folks can make you feel inferior when they have not justification for it. Thanks again for encouraging me.

Thanks for words of encouragement. Bottom line, the girl who let me go is 24 and I am 45. She didn't have a thing to do w/ my hiring and she didn't like it. I knew she didn't care for me from the start but didn't think she would accomplish this. When she told me she grinned from ear to ear and said, "You just don't fit, you're not a good fit here". It has been trying to say the least. I had already taken a $10,000 cut in pay to take the job. I had never once been told I was being watched for poor job performance or anything else. Thanks a lot!

Yep. I agree, disgusting. There's more, I just don't have time or energy to tell it all. I have been told by someone else I may need to follow your recommendation. I do feel there may be others this is going to happen to. She is smart enough to let some time go by I think. Smart was a poor choice of word, crafty or sneaky better applies. She will let some of the heat pass before pulling another stunt. But in due time. Thanks again. I'll let you know how it goes.

Not sure what your displaced status is but I'm sure we'd love to have you here in GA. Best wishes to you as well.

Well, went to the hearing. The admin hearing officer was almost a mirror of the employer, same age, same size, same attitude. They clicked the minute they made eye contact. The hearing officer told me several times to be quiet. When I was posing a question to my prev employer I would try to lay the groundwork for the question. If I didn't then her answer could be random and would not pertain to our specific situation, allowing her to answer the question honestly without it being the correct answer. The hearing officer would not let me do it. She told me I could only ask a question. Nothing more. That happened several times before I gave up and said no more. My closing statement was that there was only one witness outside the employer and myself, that would be God. Other than that it was my word against her word and I had given my word. Of course, the burden of proof being on me, I brought my only witness to the table. Kind-of ironic, my only witness will be the final Judge. I appreciate your help and encouragement. It helped to get me through that hearing. Thank you. Best wishes to you on all your endeavors.

Let's assume you lost on your hearing. If you read through all the appeal stuff the Federal Government gave you (yes, the federal government), you are entitled to an attorney at the expense of the federal government.

Sit down at your computer, type out a statement - as direct and documented as you can make it. FACTS - not Well, I think, I feel, I want, I believe --- FACTS, FACTS, FACTS, FACTS - WHO SAID WHAT TO WHOM, WHAT HAPPENED AND WHEN.

What MORE you have going for you is that the hearing officer was a mirror image of the 24 year old. THIS IS BIAS!!!

After you get your hearing determination, if it is against you, look for an attorney who deals with unemployment. You will get a free consultation, and if he takes your matter, you will not have to pay.

Snuggsmom - be sure to pay attention to your paperwork. I also had to file an appeal (which I didn't have a hearing because it was taken care of).

Look at your appeal paperwork. It's in there. If I can find the information I will provide it.

Snuggsmom in Athens, Georgia said: Well, went to the hearing. The admin hearing officer was almost a mirror of the employer, same age, same size, same attitude. They clicked the minute they made eye contact. The hearing officer told me several times to be quiet. When I was posing a question to my prev employer I would try to lay the groundwork for the question. If I didn't then her answer could be random and would not pertain to our specific situation, allowing her to answer the question honestly without it being the correct answer. The hearing officer would not let me do it. She told me I could only ask a question. Nothing more. That happened several times before I gave up and said no more. My closing statement was that there was only one witness outside the employer and myself, that would be God. Other than that it was my word against her word and I had given my word. Of course, the burden of proof being on me, I brought my only witness to the table. Kind-of ironic, my only witness will be the final Judge. I appreciate your help and encouragement. It helped to get me through that hearing. Thank you. Best wishes to you on all your endeavors.

ok - just because the hearing went bad or you think it did - does not actually mean that it did. i thought my phone hearing went horrible and i won. of course, the appealed, i won at every level, and then they filed in superior court - which won there too. your employer has to have documentation as to your poor performance. my attorney was a former hearing officer. they are actually more employee friendly than you would think. since the employers often have experience with other hearings - it may just seem that way. they also know that employers lay people off and then cry foul - but the employer has to have documentation - even though Georgia is a right to work state - your employer can let you go for pretty much anything - it does not mean you are not entitled to unemployment.

Jennifer Gilbert in Marietta, Georgia said: ok - just because the hearing went bad or you think it did - does not actually mean that it did. i thought my phone hearing went horrible and i won. of course, the appealed, i won at every level, and then they filed in superior court - which won there too. your employer has to have documentation as to your poor performance. my attorney was a former hearing officer. they are actually more employee friendly than you would think. since the employers often have experience with other hearings - it may just seem that way. they also know that employers lay people off and then cry foul - but the employer has to have documentation - even though Georgia is a right to work state - your employer can let you go for pretty much anything - it does not mean you are not entitled to unemployment.

one other thing - you are not entitled to free representation - you can contact legal aid and they can provide you with one of their attorneys (not sure how that actually works or turns out) - but just to pick your own - no. I posted my attorneys name and number previously - she did a great job

Don't get too stressed yet. As Jennifer said, everything has to be documented. The only way you cannot get unemployment is you were terminated because of something you did - like fighting, stealing, coming in late every day.

When the appeal officer shut you up - she was doing you a favor. She kept the whole hearing right on task. She asked the questions she needed to ask, got an answer - then moved on to the next question.

The appeal officer and the employer may have clicked simply because that is what the appeal officer wanted - that connection, to make the employer comfortable - and to talk freely.

Hey all. You folks are all great. I really appreciate the support. I hate confrontation and this is really hard for me. I did receive the appeal decision where the original decision was upheld. I will appeal. The hearing officer went strictly by what my employer told her. It's as if I didn't say a word. My employer came in throwing names and titles and the hearing officer, young and impressionable went right to it. I guess together they think they will tackle the world and rid of these old school folks and their cobb webb heads. I'm thankful I was raised to appreciate and respect my elders. I like to learn from them. Even though there are fewer and fewer around. And you know what else, I have a ton of garbage on my employer and I haven't spilled it. She ordered some real expensive law books, copied them and returned the originals to the publishers, without paying for them. And that's just mild. I could tell enough to make you shudder to testify of her character. The bad part is we worked for the Sheriff. I will include FACTS in my appeal and be as direct as I can. I know every situation is different and we are in an unjust world. I will do my best and then go on. I honestly appreciate all of you and your support. I can't tell you how much it has meant to me. I know I don't have any reason to hang my head but sometimes that is easier said than done. Right now I am finding it hard to lift my head at all. But, we will lift our heads and face another day. I can still say with all my heart, God is so good to me! I can't complain. Thanks so much!

Another thing, FYI . . . I am in Athens but I worked in a county outside of Athens-Clarke. I didn't want someone to think I was talking about those folks. And, if I hadn't been going through all of this I wouldn't have met you all. That is a neat thing! Maybe I can be there to lift your head someday and say, even though it seems so bad, it will pass and things will get better, or get worse, or stay about the same. They always do. :-)

What is the reason given for denying your unemployment? Spell it out for us word for word.

I have a question, I was denied unemployment because the job I was working on (it was a temp to perm position) lasted only 5 weeks (and although I was laid off for lack of work), I did not pay in enough unemployment. My prior position (before this one) I worked 4 months and did pay in enough, however I quit and went to this one. I had the phone interview and I stated to her that I had quit for a better opportunity and pay and that I didn't know it would end. I want to appeal, but I am wondering as anyone won this kind of appeal. Its been almost 4 weeks without any money and I can't seem to get a job. Is it worth my time.

Thanks.