First Timer at Unemploment Hearing
lnelson
670 Posts
What can I expect? The claimant is listing a multitude of reasons why she was terminated. But, in actually it was only 3 reasons. 1) Being her misuse of computer system (emailing documents to outside address w/o supervisor permission), 2) Complaints from customers regarding her attitude when answering phones (she was receptionist), 3) Making remarks about the company and supervisors to new employee which she denied but, have witness to statements.
I have documentation on all of these issues but, do not have anything from customers in writing is this a problem?
Help! Hearing in a week.
I have documentation on all of these issues but, do not have anything from customers in writing is this a problem?
Help! Hearing in a week.
Comments
Lastly, as you well know California laws favor the employee. I heard recently that an employee was let go for failure to show up to work. The ee said it was beacuse he was drunk and has passed out in his car for three consecutive days. He was granted unemployment. So don't be discouraged if you are not successful.
The laws may differ in CA...but I imagine things are pretty much the same. If you are prepared to offer some sort of written summary of her infractions...bring along those that witnessed the infraction and could testify if called upon.
It all depends on the hearing examiner...some will let a written statement suffice...others have required the individual be present...we were not prepared and lost several winnable cases. So now, even when it may be a waste of time..we go prepared with an entourage.
Good luck!!!
Is it worth the headache?? If it is favorable for the employee does this affect any further claims they may have down the road?
Every state is different as far as how these meetings go and where they take place. Here's what occurs in my State - or at least our local UI offices: (I'm not sure if your meeting is in person or over the phone - but I'll respond as if it's in person x:-))
1. Bring the personnel file and all supporting doc's - I would arrange them according to date and type - i.e. written warnings, documented verbal warnings, exit meeting notes etc.
2. Show up about 10 minutes early and let the front desk know you are there - they usually sign you in & then tell you where the meeting will be held.
3. Go to the meeting area. If the employee shows (which is always in question x;-)), don't talk to the employee - unless it's purely civil conversations - you don't want to get involved in a debate outside of the meeting room.
4. Once your name is called, go into the meeting. Where I'm from - it's a very, very small room - the tables are set up in a T-format with the judge sitting in front and employee sitting on one side of the table (forms the base of the T) and the employer opposite the employee.
5. The judge will verify the information and swear everyone in.
6. The employee gets to state their side of the story first - do yourself a favor and do not make noises or in any way interrupt the proceedings - just take notes. (This was key in my recent case as the employee kept doing all of the things I'm cautioning you on & the judge became very upset & frustrated with the employee).
7. You will get a turn to reply to the comments the employee made as well as state the company's position. While it is not necessary to have written statements from the customers - it is helpful. Without them, just be prepared to state when (date & times) the complaints started happening & what action was taken (if you did not immediately terminate).
8. The employee will get another chance to respond & then you'll get a final chance.
9. The judge will say 'thanks for coming in & I'll make my decision and notify you in ______ days/weeks', etc.
That's it - once the decision letter comes in - if you still disagree - you can pursue it.
Most importantly, as I think we have established on another thread, the company pays the UI premiums - not the employee. Don't feel intimidated or as though you are somehow cheating the employee out of a benefit. As the judge from one of my cases stated:
"...the world of work is fraught with continuous irritations, wounded sensibilities, and frustrations which are largely unavoidable given the best of intentions, and which all who participate in the work force must tolerate in the interest of earning a living..."
I hope this helps & does not inflame controversy, amen. x0:)
my $0.02 worth.
DJ The Balloonman
Good luck!
Good Luck and enjoy the experience.
It's as bad as it appears. Yes, the EDD is employee friendly, but that also depends on the judge you get. Make sure that you have plenty of documentation, coaching, counseling, suspensions etc.. Make three copies, one for the the judge, one for you and yes of course in case the employee develops anal retention dificit disorder (ARDD). Present the facts, and see what happens. I never give up, we all have ob to do. The employee to try to get away with as much as possible, the judge to justify his salary and time and us... well to share with each other our war wounds so we can learn from each other.
Good Luck...
Have you decided whether or not to attend the meeting?
I am preparing all my documentation and some key questions. I just hope I can speak when the time comes.
I will let everyone know how it went.
THANK YOU ALL.
Good defending and may your hearing date find you and your company having a Blessed date. If you are doing what is right and good, so it will be.
EAT MORE DUCK FOR THE REST OF THIS WEEK; FOR THE DUCKS ARE IN HOT, HOT, SOUTH THIS WEEK, GO DAWGS!!!
PORK