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That is good to know that they didn't enter the code that means there are remarks in a section that explain a different reason for terminating you (that will be furnished upon request).
When you get your hearing file, you will want to make sure the form they gave you matches the one they submitted (if they submitted anything).
Got it! Chyvan did advised not to use the employee manual so I will not use it at the time of the hearing, I will just submit the PS-50 form with their notice of action against me.
All of your research has been very good. It really helps a lot. In fact, the advice in this thread has gone from "you will probably be denied" to "you have a great shot at it."
Once you get your hearing file, and anything else the employer submits, you will be in a better position to know what to submit to counter their position. But the form you already have is golden.
You will also want to pay attention to the absolute deadline for submitting evidence in your state. In my state, I think it is 24 hours before the hearing. But other states are different. Let your employer play their hand first -- then when you see what hand they played - you play yours. But you don't want to play yours too soon - when they still have plenty of time to draw other cards (i.e. submit more evidence). Make sure you meet the deadlines, but don't give them any more of advance notice of your position than you are required to.
yeah I get that now. Never held a job with union representation before, so I didn't understand a lot of this could have been avoided and just maybe I would still be working with them. Just at that time I was emotional, worried for my daughter and grandson and myself because I was ill during this time too because I was working 6 days a week 10hrs sometimes 12hrs a shift and traveling 2 1/2 hrs sometimes 3 btwn the states.
Management saw that, I was just a support worker-non career with a re-appointment scheduled, they just helped me push myself out the door at that time. I felt for it and now paying the price. You live and you learn....
But with that said, they documented on my personnel recorded that they, terminated me by reason of expiration of appointment so we'll see how this goes..
I think your employer could have been a bit more flexible with you, considering the situation, and considering they were going to give you days off in the near future anyway (for their own benefit). And yes -- I think they took advantage of the situation.
That is one reason Chyvan works so tirelessly in this forum - The employer has always had the advantage due to the workers' lack of knowledge about how things really work. The advice and information in this forum help even up those odds.
All of your research has been very good. It really helps a lot. In fact, the advice in this thread has gone from "you will probably be denied" to "you have a great shot at it."
Once you get your hearing file, and anything else the employer submits, you will be in a better position to know what to submit to counter their position. But the form you already have is golden.
You will also want to pay attention to the absolute deadline for submitting evidence in your state. In my state, I think it is 24 hours before the hearing. But other states are different. Let your employer play their hand first -- then when you see what hand they played - you play yours. But you don't want to play yours too soon - when they still have plenty of time to draw other cards (i.e. submit more evidence). Make sure you meet the deadlines, but don't give them any more of advance notice of your position than you are required to.
Thank you so much for acknowledging how I'm trying to educate myself and correct my wrongs. These words you just expressed also solidified my thoughts and feelings too about my claim and knowing I'm on the right path. I just wish I found this forum way before applying for benefits.
I will wait until the final hour! duly noted!
I will update further when I receive the hearing notice. Thank you.
That is one reason Chyvan works so tirelessly in this forum - The employer has always had the advantage due to the workers' lack of knowledge about how things really work. The advice and information in this forum help even up those odds.
I see. Chyvan and the rest of you know your stuff! Claims you guys have helped so many with as I've been reading, hiring a lawyer just to hear your case is a waste when you guys do it for free. As I read in one post Chyvan stated "knowledge is power" and I felt that! Couldn't be no further from the truth. I'm just happy that I goggled a question about unemployment and found this forum!
The issue I see is this was ruled a quit. All the employer needs to produce is the resignation and they met their burden. The claimant will need to disprove this without mucking up the waters with the resignation. Even if the employer doesn't show, any official document can still be used by the ALJ and if the claimant signed anything about a resignation or quit, that's muddy waters. This is going to be a think on your feet unless they get a claimant friendly hearing officer.
The thing that I thought might save it was the personnel letter. It was dated BEFORE the claimant quit. My thinking was (after we know what's in the file) that a case could be made that the "firing" was in, and that this was a quit AFTER already being fired like she was set up for some crazy reason. You can't quit a job from which you've already been fired.
You're right though, what came before in this process could still be a problem, and hopefully, there's going to be something to work with.
The thing that I thought might save it was the personnel letter. It was dated BEFORE the claimant quit. My thinking was (after we know what's in the file) that a case could be made that the "firing" was in, and that this was a quit AFTER already being fired like she was set up for some crazy reason. You can't quit a job from which you've already been fired.
You're right though, what came before in this process could still be a problem, and hopefully, there's going to be something to work with.
That's exactly what my argument will be and my documents I will submit (when time to do so)
(The SF-50 and the Notice of Re-appointment) as evidence.
They processed my SF-50 on 05/27/2019 to be effective on 06/03/2019, as termination-expiration of appointment which was the same date my 5 day service break was to start. I been so hell bent trying to get this right that I now the exact date I signed the resignation form, it was on 05/31/2019.
Last edited by Hopeless Granny; 10-03-2019 at 05:57 AM..
See, AFTER the personnel action had already been taken. You can make a case that your resignation changed nothing. You were already out of there. You just didn't know it, and hopefully, the hearing officer buys it.
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yeah I get that now. Never held a job with union representation before, so I didn't understand a lot of this could have been avoided and just maybe I would still be working with them. Just at that time I was emotional, worried for my daughter and grandson and myself because I was ill during this time too because I was working 6 days a week 10hrs sometimes 12hrs a shift and traveling 2 1/2 hrs sometimes 3 btwn the states.
