Follow up to 1st timer at UI hearing

lnelson

I wanted everyones input on this issue I am having, the decision came in favor of ee (no surprise) what is surprising is the that all of the information on the Decision and statement of facts states is all mixed up. They have 2 issues entwined together. Luckily, I had someone in the hearing with me and I went over the decision with her to see if I was making it very unclear at time of hearing she agreed that the written decision has the facts mixed up.This is not what was stated at the hearing. xx(

What can we do? I am not disputing the award of UI well I guess I am but what urks me is that they had this recorded and it still is not what was said. It is totally biased and it shows on this supposed impartial hearing.
x:o

P.S. we need some fuming emotion icons.

Just venting but responses will help I hope.

Pork

INELSON: Definately appeal, again lay out your facts in cronological order, and succinctly. Stick to the facts, and do not add verbage or opinions to the board of review. I have won on appeal twice and lost once. The one I lost was the most difficult to understand in that there was multitudes of facts and personal witnesses on our side, but the long term x-ee had nothing, in fact, but just her personal statements and claims of how we had mistreated this long term employee, who had reached a peak of Manager and progressively worked over the next 2 years to become an Assistant Herdsman, our 1st year level employee She had gotten so wreckless in her duties that it had begun to show in the profits of the company which was effecting the income of her team workers. They all wrote personal statements about this worker's inabilities and the cause of the down turn in production. I even took one to be a face to face witness, I could have had all but I chose to have one and statments as evidentry attachments for the record. The government saw the case as "failed to prove wanton intent or intended damage" to the company. She did on purpose or utter disregard for direction or purpose!

Good Luck!

PORK

MS HR

i think you're going to find that basically you can win an appeal only if you feel the hearings examiner or a.l.j. misinterpreted the law.
if it's just that you would have come to a different conclusion won't fly.
one bit of advice, if you appeal and the appeal is recorded, do not say anything that would open your company up to other litigation.

San Francisco

[font size="1" color="#FF0000"]LAST EDITED ON 10-06-03 AT 04:59PM (CST)[/font][p]MS HR when you appeal, request a copy of the hearing transcript and all documents submitted. The cost is $10 and is well spent. Actually, you will receive a copy of the hearing tape. Listening to the hearing again will allow you to point out any misinterpretations the law judge made in his/her decision and you can point these out in your "written argument" requesting his/her decision be reversed. Remember that you cannot submit new evidence/testimony and your argument must be based upon the initial hearing.

I am having a bad day-or need to take more time to read the posts. The above refers to the Board Appeal, not the initial appeal.

Good Luck.

Elizabeth