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-   -   Appealing wrongful terminiation (https://www.askmehelpdesk.com/showthread.php?t=50800)

  • Dec 28, 2006, 03:29 AM
    KMPnAR
    Appealing wrongful terminiation
    I was terminated from my job as an LPN on November 3. I was told the reason for the termination was because I called in sick that day. I filed for unemployment & got it. I have been drawing it for a month when I revived a notice that my former employer is appealing. Now I have to have a telephone conference call to prove that I do have the right to continue to draw unemployment benefits. My former employer has a progressive discipline policy in place relating to "calling in" In my case they skipped the steps & went straight to termination. I need help with filing my appeal to keep my unemployment benefits. What do I say?
  • Dec 28, 2006, 05:14 AM
    mr.yet
    Request that they produce your employment record. That record should help you prove your claim. Call the unemployment office and ask them for the rule to produce empolyment records.

    If no help from them file a request in the court for a subpeona.
  • Jan 3, 2007, 07:15 PM
    sjethro00
    I can provide many insight, as I'm currently battling the same situation;

    First off, how many times have you called in sick? And how often?

    Secondly, I find it odd that it took that long for your former employer to file an appeal, most appeals are required to be filed in 14 days.

    You, as yourself shouldn't have to send any paperwork, as you are not the one appealing; What should happen next is a date/time should be scheduled for your phone conference. I'd recommend calling the office which sent you the appeal nottice, and ask what steps are next, as my knowledge might not 100$ apply because it's a different state, and each state has there own ways of running unemployment. (In my state, this is done in person in a courthouse, and is only done via phone if you live more then 4o miles from the designated site)

    And like Mr.Yet said, request your records. Your state should have a statute which is called "Open Records", Google "(Your States) Satutes", hopefully you'll be able to find a website that will provide you the statute number, and its details, from there depending upon what the law allows, you should be able to obtain copies of your records

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