UI Claim Hearing

Riley

We have a former ee who was termed for job abandonment that has filed a claim against us. I filled out the er response accordingly and attached our attendance policy to it and sent it off well with in the ten day limit. Unfortunately, the trusty US Postal Service lost the response in the mail. So, the KDHR thinks we didn't respond. Luckily, I keep a copy of everything I send out, so I had a copy to send back into them. The only way we can counter this is to go through the appeals process. My question is do I need to be prepared to explain our reason for termination or can we just tell the judge we sent it in the mail as per the governements instructions and it got lost? I am preparing for the first, but hoping for the second. Would like to have some second opinions.

Don D

[font size="1" color="#FF0000"]LAST EDITED ON 03-06-03 AT 11:53AM (CST)[/font][p]Sorry Charlie....ah, Riley. You are attending to appeal the decision that he is eligible for UI. A ruling of eligibility was apparently made, based only on his input since they had not received yours. You are not going there to appeal anything related to the delivery or non-delivery of your mail response. Yes, you should take all of your material with you, including: Two copies of your policy. Two copies of anything from his file related to his termination. Two copies of any counseling or discipline documents leading to the termination. Also be sure you take a pad with info jotted down such as date of hire, job title, work area, supervisor's name. The referee/judge typically asks these totally useless questions and you don't want to be thumbing through the file for answers. Nor do you want to be pulling original documents out of his file while you testify. You'll lose control of the file that way. Two copies are always suggested since you will be handing them to the judge one at a time to be marked into evidence and you'll want your own copy to speak from. Let the judge worry about handing it to the claimant. In the event the judge hassles you about the mail that was never sent, take along whatever evidence you have that it was in fact sent. I never take a personnel file to a hearing, whether it's comp or UI. The opposing counsel will invariably ask for it and most of the hearing officers will tell you to hand it to them. I'm assuming the hearing process is new for you. That's why I got so anal about it.

Riley

Thanks Don! Yes, you are right, this is my first time through the appeals process. I think our hearing will be by telephone, or that's what the majority of them are in KS. We have to fax everything in! Wonderful isn't it!

In the hearing documents we received his statements, there are some discrepancies in what he said, to what the location manager, supervisor, and office manager (all present when termed), said happened (ie he was sick (has lots of sick leave), but he said we okayed the use of his vacation which he didn't become eligible for until January!?). This ought to be a great case to start my appellet career!

Thanks again!
Riley

LindaS

I agree with Don but with one addition - on the notepad that you have jotted things on, make sure to make a list of points you want to get across because thing can get sidetracked and you want to make sure you have have provided all relevant information to the judge that will allow him/her to make an educated decision. If you choose to take any witnesses, make notes of questions you want to ask as well.

Good Luck!!

Don D

Riley: Be prepared to lose it. It's just like your first competition lap around the track in junior high PE. We should all be prepared for that possibility. And don't take it personally. Just get stonger from it if you do and you'll learn a great deal in the first one. I assumed you would just trot over to the UI office like I do. Telephone hearings can be awkward. You'll have to have in the closed door room with you the one or two witnesses who can successfully rebut what it is the claimant will say. No ringing phones, closed door, no beepers going off, no off the cuff remarks. You're being recorded and he will have sworn you in as awkward as that may sound. Your policies will speak for themselves. You will have an opportunity to identify them and introduce them into evidence. The precarious part for the judge will be to determine who is shooting straight about the he-said-she-said parts. Don't sweat that but tell those you have with you that they must be prepared to refute his allegations if they are incorrect. Toward the end when he asks you for your final statement, you can conclude it all by stating something from a written text like, "We maintain that our policies speak for themselves. They are written, disseminated, posted on the boards and acknowledged by employee signature (if all that is true). We maintain that the claimant was terminated due to not following (which) policies. His record reflects that and our policies prohibit such behaviors. We are consistent in our decisions to terminate in all like instances." Hopefully the claimant will be squirming around hoping he'll just get a check and the judge will see the credibility of your testimony. Now, if your witnesses cannot or will not refute his testimony, and they did in fact allow him to do what he did, when the telephone appeal call comes, simply tell the caller, "The company is not prepared to appeal the decision, thank you for calling." By the way, if it makes you feel more comfortable, feel free to tell the judge before the swearing in that this is your first rodeo and you'd like him to bear with you and guide you in the conduct of the hearing. He'll appreciate the pedestal that puts him on and will appreciate your candor.

Riley

THANK YOU DON!!! xhugs I am sure your advice will be invaluable when I actually get into that room and the phone rings...

It never hurts to have a heads up on things like this!

Riley