Employer Appeals UI - Indiana

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Latest post Wed, Mar 9 2016 6:25 AM by Drew. 6 replies.
  • Mon, Mar 7 2016 6:23 PM

    Employer Appeals UI - Indiana

    Greetings,

    My employer fired me in January.  They did not give me any warnings or discussions that I was doing anything wrong.

    On the date I was terminated I was taken into a room with an HR Rep and given two 6 month reviews and then a paper stating that I was terminated for various reasons that were not true.

    I left and applied for Unemployment.  I spoke with a person from the Department of Workforce Development and they asked me for what reasons was I terminated.  I read the termination paper to the person and she asked if the issues were ever discussed with me.  I stated they were not. 

    I received a letter stating that the employer could not provide evidence of Just Cause.

    I received an appeal in the mail stating that the employer had issues with me being terminated for Just Cause and another citation refrenced an Indiana Code stating that I voluntarily left my positon not in good standing.

    What can I do to better prepare for my appeal hearing as I'm not sure exactly what to have with me.  I had a feeling before I was terminated that something was happening as my supervisor stopped talking to me two months before I was terminated.  I attempted to schedule meetings etc and she never responded to my requests.

    When I became suspicious I downloaded all my emails and kept them.  With this I want to make sure when they have the appeal that I provide whatever is needed to show that I was terminated without cause.

    Also, they have set this up for a phone interview,would it be better if I did this in person?

  • Tue, Mar 8 2016 4:53 AM In reply to

    • cbg
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    Re: Employer Appeals UI - Indiana

    The burden of proof is not on you, but on your employer. You don't have to prove anything; the employer needs to prove just cause.

    What is in the emails that you think will protect you? It's hard to say if they'll be of any value to you without knowing that.

  • Tue, Mar 8 2016 7:36 AM In reply to

    Re: Employer Appeals UI - Indiana

    cbg says the burden of proof is on the employer, but in this Indiana Department of Workforce Development description of the appeals process it says that has changed, and now neither party has the burden of proof.

    seekingweirdjustice:
    Also, they have set this up for a phone interview,would it be better if I did this in person?

    I think that if you have the choice you are definitely better off arranging to attend in person.

    Phone hearings are convenient, but in addition to the risk that a technical glitch will prevent you from attending at all, there is also the fact that even with the best phones it is much more difficult to hear everything that's going on than if you are in the room yourself - and it's downright impossible to "read" body language.  If you are telling the truth about things that neither side can independently prove, you want the ALJ to receive your honesty vibe.

    This hearing will be your only one, according to the page I linked above, so you want to give it your best.

    seekingweirdjustice:
    What can I do to better prepare for my appeal hearing as I'm not sure exactly what to have with me.

    Definitely your termination paper, since it sounds like that paper makes it pretty clear you didn't quit voluntarily.  Plus any evidence you can gather that the allegations against you are not true.  If your former employer gave you an employee handbook that you signed, then I'd bring that (and be prepared to show your familiarity with it and to discuss whether you violated any rules in it).

    Unfortunately, if you have coworkers who can say you didn't do whatever the employer says you did, if they still work there you would put them in a very difficult position by asking them to testify for you.  If your best evidence is coworker testimony, you may want to at least consult an unemployment lawyer for advice about how to handle this tricky issue.

    I'm not a lawyer, just so you know.

  • Tue, Mar 8 2016 8:21 AM In reply to

    • Drew
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    Re: Employer Appeals UI - Indiana

    I suspect both above are correct...employer has burden to show why you were terminated...but you may have a practual burden to discredit employers version or show otherwise....states of late are trying to save money as are employers..so lots of stuff is likely to be appealed...no,big deal ...but smart not to damage your own points .

    Me, Id be there in person ..log docuements etc...

    1. If employer claims you resigned...be able to rebut that point carefully and no long tales...note in many jurisdictions a demand that you resign or else is often viewed as a fired .....but get it straight for your state and facts.

    2. If the employer claims just cause...what specific cause does employer raise at the time ..not new ones if just invented...focus on the specific  points employer raises..don't go where you need not go....look up just cause for your state ..

    If you can post generic cause WO personal ID or employer ID, some here might have thoughts as to ifmitsmjuSt cause or less. 

    As above, anticipate that your co workers will have a serious case of memory failure, blindness , and hearing issue 



  • Tue, Mar 8 2016 8:31 AM In reply to

    • Drew
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    Re: Employer Appeals UI - Indiana

    Possibe hint....poor performance is generally. Not just cause...but it may well be in Indiana IF it's in context of not making any improvement  and or a history of mistakes that hurt employer. .  What caught my eye was two performance reviews which you said you never got ...really?   About what . ? 



  • Tue, Mar 8 2016 2:59 PM In reply to

    Re: Employer Appeals UI - Indiana

    I forgot to mention, you should bring extra copies of all your documents.  I didn't notice whether the Department requires a certain number of copies, so you should see if they do, but in any case I think two extra copies (one for the ALJ and one for your former employer) would be a good minimum.

  • Wed, Mar 9 2016 6:25 AM In reply to

    • Drew
      Consumer
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    • Joined on Thu, Mar 30 2000
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    Re: Employer Appeals UI - Indiana

    While the rules and proceedures before an ALJ for UI may be a bit relaxed, there are still basic rules ...and some concept that employer goes first to show what you were fired at the time. ( not some new reason invented afterwards )  

    And you have rights to cross examine the employer/witness 

    You need some homework as to the IA steps /rules ...and ideally have a copy of same with you, just in case



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