[sjethro00]

This is an Update to this post; https://www.askmehelpdesk.com/corpor...ion-44665.html

My son and I had to go to our Unemployment Insurance Hearing. I had appealed the decision after I had been denied my benefits, and the company appealed his after he was approved for his.

We both lost our hearings, because we did not use all of our resources in contacting the employer before claiming we had been fired; the employer claimed although we were to be removed from the worksite, he said he was going to offer work to us (The same excuse he had given to other workers). No witnesses were allowed unless they were in person, and my main evidence, a recording left by a supervisor who said we were fired was not allowed, as it was left a week and a half after the incident. I don't get the reasoning behind this, as it allowed the employer the ability to lie about the fact if we had been fired or not; then a week later, he is allowed to notify other workers we were indeed fired!

I do have the option to submit nortarized statements/affadavits from witnesses within 21 days, no phone system was available for witnesses to give statements via telephone.

As before mentioned in my previous post, I do not believe the reason given was true based upon a conversation I had with him the day of the incident, and conversations other people have had with him.

It was suggested that I get a statement from the customer, sadly I did not. I contacted him before the hearing, aside from frustration that the work being performed at the time was sub-par, and work was not beign completed, he was unwilling to "Rock the boat", and go against the company in fear of upsetting them. I know for a fact, they are the cheapest company available to them.

If I order a affadavit, will he have to sign it? Can I subpoena him into giving testimony in the form of a statement/affadavit?

[Fr_Chuck]

I doubt he has to sign it, he can merely say he does not remember or just refuse to testify in a civil matter.

You have the right I believe to appeal but will need to get all of the things you did not get so far in writing, and often people are not willing to say things in writing against their current boss or that may make them lose a good deal or contract.

The recording a week and a half latter, if you did not show up or report, as per company policy, you are by rules have quit, they company can fire you or say you are fired for not showing up or reporting, but it acts like quiting to the unemployment, since you would be said to desert your job.

You need to file for your appeal and submit any and all evidence you can