Re: Reasonable Arguments?

On Mar 25, 12:19 am, "McGyver" <Greyp...@xxxxxxx> wrote:
Your appeal document will do the job.  That's because no matter how terrible
an appeal document may be in an unemployment case, it will almost surely get
you to an appeal hearing.  It won't get you a reversal, because no appeal
document will do that.  All the document is for is to tell the commission
that you want to appeal.  So you will get the appeal hearing.  It will be
in- person, and if you are wise, you will take an attorney with you.  Try to
find one with experience in unemployment appeals, but if you can't find one,
just get someone who has dealt with administrative law hearings.

If you go to the appeal hearing and blunder around talking about irrelevant
matters, you could lose again.  If you don't know how to challenge the other
side's evidence, present your own evidence, defend against objections and
argue the facts and law in a manner that will persuade, then it is possible
to lose with the strongest case in the world.

But on the other hand, you could win by blundering aimlessly around.  That
sometimes happen in an unemployment appeal hearing.

Good luck.

This answer must not be relied on as legal advice for the reasons posted
here:  http://mcgyverdisclaimer.blogspot.com.  And I am not your attorney.

McGyver

"mrclose" <prmin...@xxxxxxxxx> wrote in message

news:638344a3-a981-4c4d-9c01-a0d25172bfa4@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx





The following is my appeal that I filed today with the Virginia
Unemployment Appeals Commission

After a "Fact Finding" telephone interview was conducted, judgement
went against me in my attempt to collect unemployment.

I just wanted to get some opinions from any of you that would care to
read through my brief response to the appeals commission.

Thanks,

MC

===============

Sir(s)

I submit this appeal, contesting Deputy P. Showalter's  decision that
I am disqualified for UI benefits due to Deliberately Violating a
Known Company Rule.

In the Unemployment Compensation Commission Of Virginia's own words:

"There is more to carrying the burden of proof than merely making the
charge."

"Were this not so an employer might only state that an employee was
discharged for "misconduct" and the disqualification would be
automatic."

What started out as an alcohol on the breath charge, somehow along the
way, became a drinking on the job charge!

I fail to see how a three way conference call between myself, my
former employer and a commission deputy can constitute proof, most
especially when the former employer and myself deny each others
charges?

Did a supervisor or another employee catch me at work with a drink in
my hand?
No.

Are there pictures that were taken of my alleged drinking on the job?
No.

My point is that my former employer has no actual proof of these
allegations or of Willful Misconduct other than my supervisor
alledging that I had alcohol on my breath.

Another problem that I have with the decision against me is: Why is it
that my supervisor did not have to sit in on the Fact Finding
conference call since he was my accuser in the first place?

The General Manager, the person Who Was in on the conference call
Never came within ten feet of me on the night he let me go!

I am claiming that Even if the alcohol on the breath accusations Were
true,(they're not),in a Right to work state, alcohol on the breath may
be a valid reason for termination But, I must argue: is Not a valid
reason to deny UI benefits!

My former employer first claims that I was offered a drug/urine test
but turned it down when I admitted my guilt.

The same employer, later on tells deputy Showalter that he Did Not
offer me a a drug/urine test because .. of my admission of guilt.

Which was it?

I deny that I was given any opportunity to clear myself through
testing and I also reject that this, in someway is proof of willful
misconduct on my part.

If Ms Showalter picked up on this apparent contradiction, I have no
way of knowing.

Ms Showalter Did surprise me when she asked IF I had gone and gotten a
test on my own?

Of course not!

I knew that I hadn't been drinking on the job and I didn't believe it
to be my responsibility to prove my innocence!

"To carry the burden of proof of his charge the employer must supply
the facts - and not just his conclusions."

Since my employer claims that I was in such a Truthful state of mind
the night that I was let go, admitting to everything, why was I not
offered a waiver on the drug/urine testing?

Why is there no document signed by me admitting guilt?

Surely that would have established proof in everyone's mind!?

Everything else is just .. "I said, he said".

Another piece of evidence being held up as misconduct on my part,
according to my former employer is a beer can.
From the very little amount of information that I have been able to
uncover, this beer can was found in an area that I have no access to
and is in fact the old locker room area that is locked when our 3:00
pm shift starts.

Beer cans as well as other assorted liquor bottles have been found in
many areas inside and around the company plant .. That in itself Does
Not make them mine!

No one ever made the charge that I was under the influence of
anything!

I was never charged with being under the influence to the extent that
my job performance was affected.

That last sentence, dealing with influence and job performance is in
our handbook and is given as a reason for alcohol/drug testing

It was only claimed that my supervisor, "smelled alcohol" on my breath
which, again, I submit is not a reason to with-hold UI benefits.

"Where drinking on the job cannot be established, the employer must
show reasonable evidence either that the worker was under the
influence of alcohol during working hours, or else that the worker’s
ability to work was impaired by alcohol."

One of my former employers last statements in the Fact finding
interview was: "He did not and has Never had any problems with my work
or my work ethics!"

I submit to you: My work nor my work ethics were any different the
night I was let go.

Thank You

I'd like to thank the both of you for your responses to my post.

Thank You!

I will let you know the outcome.
Paul (MC)
.

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