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Unemployment compentastion being challenged by employer

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Latest post Tue, Apr 7 2009 12:39 PM by Beth3. 2 replies.
  • Tue, Apr 7 2009 11:03 AM

    • Walls79
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    • Joined on Tue, Apr 7 2009
    • IL
    • Posts 3

    News [|*|] Unemployment compentastion being challenged by employer

    I was working as a truck driver for a small company for about 4 months when i had an accident in a truck at an grain eleavator were i raised my truck bed to sweep it out before i loaded the grain and i forgot to let it back down and hit the loadout spout and spilled wheat on the ground i called  my boss right after and he hung up on me, so after i 12 hours of cleaning up the mess i was fired and told to clean out my personal things out of the truck, so i applied for umenployment compensation and i was awared it by the judacator, the empolyer appleaed to the referee, and the referee affrimed the local offices determation, and now the empolyer has appleaed again to the borad of review and the are saying they fired me for miscounduct because i didnt follow their rules for cleaning the truck bed, the seid they warned me about 10 days pior that i was to clean my truck bead out at  the delivery site and no at the loading site. But that is not true i was warned about not getting the truck bead clean enough and was told to clean it better, they never said were we had to clean it it was just that it had to be cleaned, I am just going nuts thinks that they my get there way and i am trying as hard as i can to find another job but i just cant. I just need for someone to tell me what they think, i know i am in the right and they are making stuff up. What kind of proof do they have to have to prove that they told me and i knew the rule, because when they fired me they told me not to even try to get unemployment because they have all the documentation they need to keep me from getting it and they said if we dont have it they will make it. Please someone give me some good new becasue i am an nervous wreak.


  • Tue, Apr 7 2009 11:57 AM In reply to

    Re: Unemployment compentastion being challenged by employer


    The onus is on the employer to prove that it was misconduct.  If you have been upheld twice I would merely stick to your side as you have told it, bring any documentation they request, and wait for them to decide.  Getting worked up about it won't change the circumstances.

    "That's just my opinion, then again I might be wrong."  Dennis Miller


  • Tue, Apr 7 2009 12:39 PM In reply to

    • Beth3
    • Top 25 Contributor
    • Joined on Sat, Mar 24 2001
    • Posts 5,466

    Re: Unemployment compentastion being challenged by employer

    I agree with Clydesmom.  If the State has twice determined that you are eligible for UC benefits, it is highly unlikely the decision will be overturned on this final appeal by your employer.

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