Anonymous asked in Politics & GovernmentLaw & Ethics · 10 years ago

Former employer requesting appeal on my unemployment benefits.....?

Former employer requesting appeal on my unemployment benefits.....?

I was working somewhere for only two weeks. I ended up having car troubles/ transportation issues that resulted in not having a way to work for two days of the 3rd week i was supposed to work. I called in the first day, explained my situation, and was told i was still okay. The next day i called in again explained i couldnt get a ride that day either but that the following day i would be good and there would be no further issues. However since I would be missing those two days in a row and i was still within the 90 day period, i was told that I had missed too many days within the first 90 per their attendence rules and that i should NOT return to work the next day. I was told this by my hiring manager there. She is no longer working for the company. I was told she was let go. I provided all of this information while filing for unemployment and was approved by the state. I live in western ny if that makes a difference. I have been receiving benefits for about a month or so now and just today in the mail received a letter stating that the employer is requesting an appeal. They are stating that I was a no call, no show for those days and are saying i willingly abandon my job. I will be receiving the court date soon, but what i want to know is what i should expect? and what my chances of keeping my benefits are? I worked there the last week of august and first week of sept so this was awhile ago. What im wondering is how they plan to "prove" that i am lying and shouldnt have benefits. Will they go as far as pulling phone records? or calling the woman to told me not to come back as a witness even though she is no longer there? i dont really have any documentation to prove my case, and cannot afford a lawyer. Any insight on how things usually go or advice is very much appreciated!! thank you!!

23 minutes ago - 4 days left to answer.

Additional Details

****This is the correct employer. I was employed there, then started a new job in october that only lasted a month because they did lay offs due to an unexpected decline in business. So when i applied i was applying in regards to that job. That job however was part time so since i didnt make as much there in a month as i did the other place in two weeks, they needed to go to the previous employer.

2 minutes ago

****also as far as phone records go, im not sure i can get them from 9 months ago. im currently looking into that now...

4 Answers

  • 10 years ago
    Favorite Answer

    You should never have received unemployment checks in the first place. Unemployment benefits are for people who loose their jobs through no fault of their own. You lost your job by your fault. It is your responsibility to get to work everyday and on time. It doesn't matter that you called in and said, "I can't get to work, don't have a ride." Not the employers problem. Your problem. Your fault. Your benefits will be rescinded and you will likely we required to repay the money you received. Hope you get a job soon.

    Source(s): Own my own business with about 45 employees.
  • HD
    Lv 7
    10 years ago

    when it comes to "proving" you were lying or not, it's your word against theirs and they usually take the employers side. not having transportation is not a valid reason to miss work, it's up to you to find a way to get there, find a ride, take a bus, ride a bike or walk. i don't think you have a chance to win this. they won't go as far as bringing phone records or recalling someone who doesn't work there anymore, an appeal hearing is not a criminal trial. since you were within your 90 probationary period, an employer can fire you for basically whatever they want. i'm really surprised you even received benefits in the first place.

  • 10 years ago

    You will go before a review board and then possibly a judge would hear the case to decide. Doesn't seem like you should have been getting it seems to me that they make you pay the money back after the hearing

  • stalls
    Lv 4
    4 years ago

    "Will they circulate so some distance as pulling telephone information? or calling the lady to instructed me to no longer come again as a witness even nonetheless she isn't any longer there?" actually, those could be stable issues so you might do to help your argument which you weren't a no call/no prepare. yet first, confirm it is the corporate it is pleasing. when you consider which you in basic terms labored there a pair of weeks, the attraction could be out of your previous job.

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