Help with UI Hearing
TLC Shelly
34 Posts
We have an employee who called in 1 hour before shift to say she was not coming to work. No reason, just "I'm not going in." When asked why, she refused to give an answer. Her supervisor asked her to work the shift then come into the office to talk things over. She refused. Spv then explained that refusal to work as scheduled would be taken to mean that she resigned her position. (This was a full-time night nurse calling in for a Sunday night. Our nurses work in the client's home, one-on-one, so there are not other nurses in the area who can just cover another patient.) Ee did not work that night and has not contacted the spv or company since then. She was awarded UI, apparently saying she told spv she was sick, we protested, and now I have a hearing next week.
I'm a little rusty on these, thank goodness it's not something I have to deal with often. I'm trying to get my questions in order, and need to glean from everyone's experience. I plan to ask her to tell what happened when she called in (claimants no longer have to complete claim forms here, so I can't see what she reported). I also plan to ask what she has done to find work. She's a nurse for crying out loud, and I haven't had one call for an employment reference. Any advice on what else to ask?
I'm a little rusty on these, thank goodness it's not something I have to deal with often. I'm trying to get my questions in order, and need to glean from everyone's experience. I plan to ask her to tell what happened when she called in (claimants no longer have to complete claim forms here, so I can't see what she reported). I also plan to ask what she has done to find work. She's a nurse for crying out loud, and I haven't had one call for an employment reference. Any advice on what else to ask?
Comments
Take the supervisor to the hearing, the one who took the call. They will be held in an ante-room until time to testify. Prepare specific questions to ask that person. What time did you receive the call? What did the claimant say to you? What did you in turn say to the claimant? Did you at any time hear the claimant say they were ill? Did the claimant tell you she was ill? (ask that one twice for impact).
Then when it is your turn to question the claimant, have three or four specific questions prepared for her as well. What time did you call? What did you say? What was said to you? Is it your testimony, under oath, that you told X that you could not come to work due to illness? If that is the case, were you only aware of your illness one hour before shift? Do you know of any reason why supervisor X would lie to this hearing officer about the conversation that took place just minutes before you were expected to be at work?
It's largely a matter of credibility and I think she will lose.
In our state when the hearing officer affirms the award of UI, I have also appealed the decision to affirm. I have won 2 and the third one is to be heard on Thursday.
Good Luck and be confident your company has done everything possible to win the UI hearing.
PORK
Good luck, but I do not recommend going in with a notebook and pencil for your requirements to ask questions. I go in with my questions prepared which will support my documented case. If the hearing officer does not on his/her own get the factual points into the record with his/her questioning, I make sure I do.
An appeal by either party to our BOARD OF REVIEW will be accomplished without the presentation of any new facts to the Board of Appeal. Your appeal must hi-lite your important parts and evidence you have already placed in the record. Go prepared as an attorney would, otherwise, you may be facing an attorney on the other side of the table. You might not be aware of this possible event. I did once, I was prepared, and won the UI hearing against an attorney who is now sitting on our State's Supreme Court.
PORK
You can take documents to the hearing, normally you need three copies, on for you, one for the Hearing Officer, and one for the ee. If by phone (most of mine are phone hearings), you need to send the documents early enough that all parties have them for the hearing or you cannot use them as exhibits. I always send a letter to the ee with the exhibits and letter to the agency explaining they need to have the documents for the hearing. I send the agency's letter to let the ee know I informed the agency that they woudl receive the docus and try to keep them from saying they did not receive them. I also send it certified mail.
Play up that the ee is a nurse and patients rely on the services the ee provided. This is one time that we in HR don't have to be warm and fuzzy, be pursuasive. Don gave great examples of questions. Really hammer the company's position home. I always try to "testify" for the witness by making the statement I want to get across and asking the manager if they agree. At least until I get caught! x0:)
The main thing is be prepared. Have your facts straight. And don't tick the Hearing Officer off!
However, you need to address what she told you.
In the future, a word for the wise, when someone doesn't come back to work, I mail them a letter stating that they didn't come in from a date to present. Therefore, they have self-terminated (or resigned) their position. If you have a policy on calling in or missing number of days, quote it.
This way, you know where you stand and so do they. If they disagree (in the hospital or something) they then have the opportunity to call back and explain why not in and should be under disaiblity or whatever.
Just a little more support for you and documentation on the file.
Good luck.
E Wart