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<blockquote data-quote="Signorina" data-source="post: 523719"><p>In my experience as an employer fighting a claim - the outcome has always hinged upon whether or not it was "in the employee's power" to keep their job. Now, how that has been interpreted has swung wildly. If you violated a written policy, it may bite you. However, if this was a first violation and there is no history of written warnings, if the handbook didn't specify immediate termination for the violation or if the "tribunal" thinks that termination is OTT for whatever it was...they will likely find in your favor. Just IME - in the state of Illinois.</p><p></p><p>Also, every time we disputed the initial claim of unemployment, we were successful. (We'd get the notice, respond with a written dispute and benefits would be halted) I think that's pretty common. It usually got dropped by the ex-employee at that point. (please know we only disputed claims that we knew were unethical) Of the 10 or so I remember going to an actual live appeal, I had about a 50% success rate. Again, let me be clear that those 10 former employees were term'd for WILLFUL x100 causes. One guy stole from us, another screamed FU at a customer, another went to work for her daughter & was being paid off the books. etc. Yet still, about 1/2 of appeals went their way...seems to me that unemployment office tends to err on the side of the employee. Again, just in my humble opinion.</p><p></p><p>I would write down the facts as you know them so you have them in front of you when they ask questions. I would also bring evidence that you are hunting for a job- places you're applying, etc. (to collect unemployment you have to be available and looking for work) Stay calm, look nice, smile - it may come down to who appears more credible - you or them.</p><p></p><p>You don't need a lawyer, and this may not be the last step in the appeal process. If you do not "win" - there may be other options to appeal the appeal result.</p><p></p><p>Good luck</p></blockquote><p></p>
[QUOTE="Signorina, post: 523719"] In my experience as an employer fighting a claim - the outcome has always hinged upon whether or not it was "in the employee's power" to keep their job. Now, how that has been interpreted has swung wildly. If you violated a written policy, it may bite you. However, if this was a first violation and there is no history of written warnings, if the handbook didn't specify immediate termination for the violation or if the "tribunal" thinks that termination is OTT for whatever it was...they will likely find in your favor. Just IME - in the state of Illinois. Also, every time we disputed the initial claim of unemployment, we were successful. (We'd get the notice, respond with a written dispute and benefits would be halted) I think that's pretty common. It usually got dropped by the ex-employee at that point. (please know we only disputed claims that we knew were unethical) Of the 10 or so I remember going to an actual live appeal, I had about a 50% success rate. Again, let me be clear that those 10 former employees were term'd for WILLFUL x100 causes. One guy stole from us, another screamed FU at a customer, another went to work for her daughter & was being paid off the books. etc. Yet still, about 1/2 of appeals went their way...seems to me that unemployment office tends to err on the side of the employee. Again, just in my humble opinion. I would write down the facts as you know them so you have them in front of you when they ask questions. I would also bring evidence that you are hunting for a job- places you're applying, etc. (to collect unemployment you have to be available and looking for work) Stay calm, look nice, smile - it may come down to who appears more credible - you or them. You don't need a lawyer, and this may not be the last step in the appeal process. If you do not "win" - there may be other options to appeal the appeal result. Good luck [/QUOTE]
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