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Unemployment compensation suspended due to misconduct
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Unemployment compensation suspended due to misconduct
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.
chedooli- Member
- Posts : 7
Join date : 2013-04-11
Re: Unemployment compensation suspended due to misconduct
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
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
elvis44102- Member
- Posts : 656
Join date : 2011-03-07
Re: Unemployment compensation suspended due to misconduct
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.
jmainframe- Member
- Posts : 471
Join date : 2011-02-24
Age : 64
Location : New Jersey
Re: Unemployment compensation suspended due to misconduct
Thank you for replying. The note states "you may have been separated for misconduct" Needless to say I am worried.
chedooli- Member
- Posts : 7
Join date : 2013-04-11
Re: Unemployment compensation suspended due to misconduct
And I am so happy to be in this forum.
chedooli- Member
- Posts : 7
Join date : 2013-04-11
Re: Unemployment compensation suspended due to misconduct
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.
DesperateInRI- Administrator
- Posts : 429
Join date : 2012-09-14
Age : 67
Location : CT
Re: Unemployment compensation suspended due to misconduct
I did not have health insurance in place. They did offer me help with a reference.
chedooli- Member
- Posts : 7
Join date : 2013-04-11
Re: Unemployment compensation suspended due to misconduct
"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.
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.
chedooli- Member
- Posts : 7
Join date : 2013-04-11
Re: Unemployment compensation suspended due to misconduct
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.
jmainframe- Member
- Posts : 471
Join date : 2011-02-24
Age : 64
Location : New Jersey
Re: Unemployment compensation suspended due to misconduct
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.
He did ask a lot of questions.
chedooli- Member
- Posts : 7
Join date : 2013-04-11
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