Old Boss is filing a second appeal to try and deny my unemployment

First off I know this isn't the best place to ask this type of question but the Escapist is pretty much the only forum I ever write on and this site is pretty much my home on the net so I'm hoping someone will be able to help.

With that out of the way I'll try and keep this short as possible and just say that my boss is filing a second appeal contesting my unemployment claim. I'll spare you the story but basically I was brought into his office for an hour and a half one morning where we had a discussion and I was lead to belive I was laid off. I told my co-workers that I had been laid off and left the building in tears as it was my first real job and losing it was distressing to say the least. I filed for unemployment and he challenged on the basis that I willingly quit to go back to school.

I had mentioned at the meeting in his office that I was growing increasing uncomfortable at work and wasn't sure if I wanted to work there anymore and was maybe considering going back to school but I never had any plans to quit that particular day and was planning to work there for the foreseeable future.

We had the unemployment hearing at the local office of the Department of labor and in the end I was awarded the unemployment but now it looks like he's appealing the ruling.

What I wanted to know was what are the odds of the ruling being overturned or what I should do? I got the letter he sent with his appeal but I don't know if I should send one contesting his claims or how much the letters might influence the outcome of the case.

Basically his letter started out with this:

"I would like to start out by saying that I am completely floored by the original decision of the Labor Department Referee. From this decision one can only assume he or she is wasting their time going to a hearing unless and employee physically assaults the employer and after this decision I'm not even sure then it wouldn't go in favor of the employee"

Yeah...that pretty much sums up the tone of the appeal letter he sent. He goes on to say how the ruling is unfair and that all the facts of the case stated in the first appeal decsion letter were false with me suddenly getting far more bold and clear in how I said "well then I QUIT!!!!" and me suddenly becoming the worst employee hes ever had ignoring the ones that stole from him and messed up $4000 worth of parts. Also he stated I had told him that I planned on quitting anyway as soon as my papers for school were finalized when in reality I'm not enrolled in anything and at that point I was merely looking up websites with advice on possibly getting getting some training in graphical design on the computer.

I think I'll win since the first ruling went my way but still I'm nervous. I only got this letter and the notice of the appeal but there was nothing about any new hearing down at the dept. of labor or anything about new evidence. Should I worried? I'd love it if anyone could get back to me with any advice or even any stories about being in a similar situation.

I'm not familiar with the American system. Why would your boss give a crap if you are filing for unemployment? How does it affect him and why does he feel the need to contest your claim?

manic_depressive13:
I'm not familiar with the American system. Why would your boss give a crap if you are filing for unemployment? How does it affect him and why does he feel the need to contest your claim?

I'm not sure of the specifics but I believe that it does eventually come out of the employer through higher taxes or something. Pretty much he's very cheap and doesn't want to pay.

I'm another one who doesn't understand the American system, but that sounds something like an English Employment Tribunal. Over here you would receive a letter from the tribunal saying you need to respond by a certain date or something like that, I can't imagine your system being so different.

However, if you're confused surely the best people to contact are the Department of Labo(u)r? They'll be able to advise on the process at the very least.

It sounds to me like your boss doesn't have much of a case, and I'm also confused by his choosing to persecute you over it. That said, it's never a good idea to take these things for granted, so I'd err on the side of caution.

I would write another letter addressing his latest arguments in which you restate your case calmly and rationally; if he's becoming flippant and angry, let his lack of professionalism speak for itself and make sure you set a counterexample. Reference the existing decision and express your willingness to help see the matter resolved. Above all, don't let his persistence undermine your confidence. You know what really happened, and only your ex-boss knows why he's pursuing the matter.

Did you get severance paperwork? That should pretty clearly say what you were let go for.

Sounds like a dick, sorry to hear it.

Looking at the section of the letter you posted I say he hurt his chances severely with that letter. I'm not sure if one of the people seeing the letter is making the decision but if they do they are pretty much being insulted by him. Just keep your cool tell the truth and do what you need to do, maybe the unemployment thing you go to has a website with all the in's and out's you need to do in order to get this thing going.

dmase:
Looking at the section of the letter you posted I say he hurt his chances severely with that letter. I'm not sure if one of the people seeing the letter is making the decision but if they do they are pretty much being insulted by him.

Yeah most of the letter sounds more like a whiny forum post rather than something meant to convince anyone of anything. Pretty much he tried to distort the facts as much as he could and even tried to make the argument that since I live at home with my family and don't have bills I didn't need unemployment money since god only knows when your sister works two jobs to pay for her college and car payments and your single mother has to pay two mortgages money is never a problem.

 

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