Unemployment

[JoeRedskin]

SS84 - You cannot be denied benefits unless you were terminated for misconduct. It's not that "misconduct" occurred in your employment history. Rather, the misconduct which caused your termination is the only conduct which can be considered by the VEC. Further, on appeal, it is the employer who bears the burden of showing that misconduct. It's true that the term "misconduct" will be broadly interpreted, but they can't make sh** up and they can't rely on conduct that wasn't the basis for your firing.

Did you appeal? Some employers will simply assert the firing was for misconduct in an attempt to avoid the hit on their unemployment insurance costs but give it up as soon as an appeal is filed.

[NC_Skins]

Originally Posted by JoeRedskin

SS84 - You cannot be denied benefits unless you were terminated for misconduct. It's not that "misconduct" occurred in your employment history. Rather, the misconduct which caused your termination is the only conduct which can be considered by the VEC. Further, on appeal, it is the employer who bears the burden of showing that misconduct. It's true that the term "misconduct" will be broadly interpreted, but they can't make sh** up and they can't rely on conduct that wasn't the basis for your firing.

Did you appeal? Some employers will simply assert the firing was for misconduct in an attempt to avoid the hit on their unemployment insurance costs but give it up as soon as an appeal is filed.

I'd listen to the lawyer on this one.

[SolidSnake84]

Originally Posted by JoeRedskin

SS84 - You cannot be denied benefits unless you were terminated for misconduct. It's not that "misconduct" occurred in your employment history. Rather, the misconduct which caused your termination is the only conduct which can be considered by the VEC. Further, on appeal, it is the employer who bears the burden of showing that misconduct. It's true that the term "misconduct" will be broadly interpreted, but they can't make sh** up and they can't rely on conduct that wasn't the basis for your firing.

Did you appeal? Some employers will simply assert the firing was for misconduct in an attempt to avoid the hit on their unemployment insurance costs but give it up as soon as an appeal is filed.

Great advice and a good analysis. To answer your question, I did not file the appeal because 2 days after losing my job, I was employed again at the company that I had 2 interviews with already. Long story short when we knew we were facing the layoffs, i got ready by putting out lots of applications and by the time I finally lost my job a few months later, i had another one lined right up.