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Unemployment compensation suspended due to misconduct

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Unemployment compensation suspended due to misconduct

Post by chedooli on Thu Apr 11, 2013 4:48 pm

I have an interview scheduled for 4/22 and I am unable to function and think since this notice was received. Can anyone give me any advice as to what questions are asked and how they should be responded to. I appreciate any advice that is given. Is my former employer allowed to provide to the state detailed information on this situation.

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Re: Unemployment compensation suspended due to misconduct

Post by elvis44102 on Sat Apr 13, 2013 9:48 pm

welcome to the forum,

could you post the text of the letter?
as it sounds as if your former employer is simply contesting your separation.

This is not uncommon, however I can tell you that the burden of proof is on the former employer
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Re: Unemployment compensation suspended due to misconduct

Post by jmainframe on Sun Apr 14, 2013 11:58 am

Misconduct seems to be the main excuse an employer is using these days. I suppose they feel they have the best chance of winning with it, when they let someone go for no reason.
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Re: Unemployment compensation suspended due to misconduct

Post by chedooli on Sun Apr 14, 2013 5:10 pm

Thank you for replying. The note states "you may have been separated for misconduct" Needless to say I am worried.

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Re: Unemployment compensation suspended due to misconduct

Post by chedooli on Sun Apr 14, 2013 5:11 pm

And I am so happy to be in this forum.

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Re: Unemployment compensation suspended due to misconduct

Post by DesperateInRI on Wed Apr 17, 2013 9:41 am

They have to prove gross misconduct. Good luck at your appeal. Did they offer you COBRA? If they did, then the reason for separation is not misconduct. Bring that up at the appeal.

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Re: Unemployment compensation suspended due to misconduct

Post by chedooli on Wed Apr 17, 2013 3:33 pm

I did not have health insurance in place. They did offer me help with a reference.

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Re: Unemployment compensation suspended due to misconduct

Post by chedooli on Thu Apr 18, 2013 1:20 pm

"They have to prove gross misconduct"

I understand it is the employer's burden to prove any misconduct. What would be the evidence, signed warnings, poor performance reviews. I have an email from my manager stating he would be glad to provide a reference.


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Re: Unemployment compensation suspended due to misconduct

Post by jmainframe on Thu Apr 18, 2013 3:20 pm

chedooli wrote:"They have to prove gross misconduct"

I understand it is the employer's burden to prove any misconduct. What would be the evidence, signed warnings, poor performance reviews. I have an email from my manager stating he would be glad to provide a reference.


Poor work performance is not grounds for gross misconduct. That simply means you may not have been a good fit for that job. Things like taking 2-hour lunches, coming in late or calling in sick all the time, fighting with your supervisor and co-workers would be grounds for gross misconduct.

That email from your manager would make a very powerful case in your favor. As far as actually using him as a reference, only do so if you had a good relationship with him, and that there was no hostility between the two of you. If there was any kind of animosity there, your supervisor MAY give you a bad reference for spite.
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Re: Unemployment compensation suspended due to misconduct

Post by chedooli on Wed Apr 24, 2013 5:12 pm

I had the interview. I don't know how it went because he told me it would be sent to me in the mail.

He did ask a lot of questions.

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