Help, Unemployment Denied?!? Case to Appeal?

Question

Hi all,

On 10/22/09 I was terminated for what was considered breaking my company privacy policy. I disagree, but whatever. I tried to appeal through a Fair treatment panel, and my boss denied me...which means I would have to appeal to her boss in the next step...but who would want to work under a woman that denied your appeal, i mean this woman cried during my dismissal, and she still denied me. I started filing for unemployment on 10/25. The only thing I have heard from them until today was a fact finding letter. It stated that upon their routine inquiry as to why I was not working for the company anymore, the company stated to the DWD that I was terminated for "Unsatisfactory Performance". I had to fill out paperwork debating this fact, and the actual reason, which I said was a violation of a computer policy, the Privacy issue was hear-say. So I filled it out and mailed it back. Another month and a half when by which brings us to today. After trying to call for 4 hours, I got a line. I was told that they actually decided on my case today 12/10, and they denied it due to me breaking a privacy policy.

My question is...

1.How can the employer change the reason for termination, and give one reason, and then another?

2.And do I have a case to appeal???

Here is some other info...will it help my case?

1. My performance was never unsatisfactory, in fact I was often praised!

2. There were 4 people involved in this "Privacy Breach". 2 of the 4 were fired, the other 2 got "Final Warnings"... I, Have never even been late to work, and they get "final warnings" ?

3. I have 15 Co worker references that I got during my appeal process...would those help?

4. The issue that got me terminated took place @ home, on my time.

I have started working full time for another company and have not even filed for 2 weeks...I just want the pay missed for approx 6-7 weeks.



THANKS ALL!!!!!


MIKE----WI

Answer 1

git an attorney

Answer 2

I total agree with danielb. You screwed yourself when you put violation of computer policy. When the company wrote that it was due to Unsatisfactory Performance, you should have just left it at that. The reason is that "Unsatisfactory Performance" can be vague, thus it can be disputed. Like if you weren't meeting quota or if you were having a hard time completing the job, but you were really trying. Company violations are seen as intentional and with harm. Other examples of company violations are sexual harassment, assault, and relaying private information. When you were hired, I am sure there was a rule of conduct that you had to sign or was informed of telling you the repercussions of breaking the rules. This is why you were denied, because policies are rules, and you broke them

Answer 3

well first of all you probably shouldn't have debated the unsatisfactory performance, i don't think that is a reason to get denied unemployment. your ex employers probably knew this and did you a favor. but then you told them the truth... the goverment takes privacy laws pretty seriously. as far as the other info. i'm sure it wont help with the unemployment, they really don't care. it may have helped in you appeal at work. you can appeal the determination you are about to get, but i'm sorry to say it doesn't sound to me like you will get anywhere. uia really dosn't care. you said you got a line in 4 hours. props to you. i tried for a week not too long ago and never got through. got real annoyed though speaker phone form 8 am to 5 pm every day. never got through. anyways good luck and congrats on the new job

Answer 4

Your spouse isn't eligible for unemployment. She replaced into no longer laid off from her interest via no fault of her very own. the certainty that she has medical matters that interfered together with her interest is unlucky, although if she is unemployed through fact she chosen to be. there is 0 threat of prevailing the attraction. Your spouse could desire to have found a sparkling interest previous to quitting. Letters from a doctor mean no longer something. a individual who mandatory a paycheck might have persevered working till he/she could desire to locate yet another source of earnings. Your spouse could desire to evaluate this a painful discovering journey.