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Applied for unemployment insurance but former employer is appealing, what are my rights?

Question Details:I was terminated for being "insubordinate to a supervisor". I fought them the whole way saying that it was not insubordination, it was clearly a miscommunication and even wrote that on my termination papers. Regardless I was fired. Two months later I received 4 checks in the mail for UI but am told that I cannot cash them because my former employer is appealing. I worked for them for 2 years was never before insubordinate to any of my supervisors and was actually well liked prior to this incident. I deserve this money and they deserve to pay it. I was an excellent employee.

Asked 2 years ago under Employment and Labor | 1116 Views | More Legal Topics

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Deborah Barron | Barron Law Offices Answered 2 years ago | None Contributor with 0 answers This Sacramento, CA attorney is licensed in California

You will have an opportunity to submit a written response to the employers appeal as well as give testimony at the hearing.  You can bring an attorney to the hearing, bring witnesses and documentary evidence.  You will have to convince the judge that it was not insubordination.   Many times the employee wins.  The employer does not want you to get unemployment because it can cause their insurance rates to go up.  The Judge knows that is there reason for appealing.  If you have further questions, please feel free to contact me.  deborah.barron@lawbarron.com        -http://www.lawbarron.com

         

   

B. B., Member, New Jersey Bar | FreeAdvice Contributing Attorney Answered 2 years ago

You're going to be getting a notice, very shortly I'd expect, for a hearing on your unemployment insurance, on the employer's appeal.  The employer will be able to say why you should be considered fired for cause (so you don't get the money), and you'll get an opportunity to answer them.

Many times, the employers file these appeals in writing, and hope the employee doesn't show up for the hearing.  If so, the company wins, even when they don't show up in person themselves.  So, it's not at all unusual for the employee who does show up for the hearing to end up being able to tell his story, without anyone from the company there to argue it, and in that situation the employee can have a good chance of winning.  Check the notice, or ask the unemployment office, because you may be able to bring someone along to help you, and for this kind of hearing, sometimes that someone doesn't have to be a lawyer.

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