My fiance' was let go from her job about six weeks ago. She was granted unemployment benefits, but the employer is now appealing it. We don't believe they have a case but are still worried she could lose and be without benefits. Here is a background of the story, let me know your thoughts or if you have any advice to help us prepare for the hearing.
She applied for and was hired for an Admin Assistant position, and during the interview she also learned that she would have the option of moving to an Office Manager position in a year after the other woman at the office retired. So we was hired and learned the Admin Assistant position. After three months, she had her first review and all her scores were satisfactory. During the review, she was asked to start learning the Office Manager position.
She agreed to this and started learning it, but realized it was really just an accounting position, which she isn't really qualified to do. She let her employer know that she can do the Office Manager position and is willing to cross train but would feel more comfortable if she could stay where she is as the Admin Assistant in the long run. A few weeks went by after this conversation and the employer fired her because they weren't happy with her progress learning the Office Manager position.
The employer stated that the reason for the appeal was because my fiance was not performing to the best of her abilities and she was being paid for a job that she didn't want to do (which is false because she was hired as and being paid for Admin Assistant work).
Is there any way the employer can win this case? My fiance' still has her 90 day review saying that everything was satisfactory, and she had no verbal or written warning before the firing.