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Help me! I received a letter today from the state stating “The hearing of 07/07/2020 has been rescheduled to a date and time below. It will be necessary to present all evidence you gave at any prior hearing” which is now set for July 21, 2020. how is this possible? The letter was mailed out out me Monday, July 6th, 2020 the same day I sent my evidence to not only the judge but as well as my previous employer. Reason I sent my evidence was because the letter prior to this one stated “ any exhibits to be used during hearing needs to be in the hands of the administrative law judge and opposing party 24/hours prior”. There’s no reason as to why it was rescheduled. I just think it’s so weird that I send all my evidence now it’s rescheduled. Also, I never even received my files to review yet and I requested those June 29th, 2020 more than enough time for them to send it to me.
Help me! I received a letter today from the state stating “The hearing of 07/07/2020 has been rescheduled to a date and time below. It will be necessary to present all evidence you gave at any prior hearing” which is now set for July 21, 2020. how is this possible? The letter was mailed out out me Monday, July 6th, 2020 the same day I sent my evidence to not only the judge but as well as my previous employer. Reason I sent my evidence was because the letter prior to this one stated “ any exhibits to be used during hearing needs to be in the hands of the administrative law judge and opposing party 24/hours prior”. There’s no reason as to why it was rescheduled. I just think it’s so weird that I send all my evidence now it’s rescheduled. Also, I never even received my files to review yet and I requested those June 29th, 2020 more than enough time for them to send it to me.
Well if you think about what Rabrrita said... that maybe they couldnt get ahold of the employer... perhaps its that they finally did.. .the employer asked for it to be rescheduled because ... well maybe they were unaware of it because offices are closed and remote working etc etc... so they rescheduled it.. and so you should receive their 'evidence' in the mail before the july 21st hearing. IF You dont.. then at the hearing you have the opportunity to state that to the judge (if the judge has evidence from them that they did not send to you) .. In my sons case I thought they would go forward with the hearing and not count any of the other sides evidence.. but nope... they just rescheduled the hearing. However.. its up to you if you want to go forward with the hearing if you havent received any of their evidence. (I wouldnt) and you can object on those grounds.
Thank you for that advice I definelty will object if I do not have their paperwork at the hearing. The office is open tho.. it isn’t big Office as it was only a few of us in there. everyone else ( cna’s etc) we’re out on the field. I just know them I have a feeling they seen my exhibits and rescheduled. Could they bring on new exhibits of any sort? Which I wouldn’t know what because what my boss said was a lie plain and simple I have it in texts.
Thank you for that advice I definelty will object if I do not have their paperwork at the hearing. The office is open tho.. it isn’t big Office as it was only a few of us in there. everyone else ( cna’s etc) we’re out on the field. I just know them I have a feeling they seen my exhibits and rescheduled. Could they bring on new exhibits of any sort? Which I wouldn’t know what because what my boss said was a lie plain and simple I have it in texts.
out of curiosity .. what evidence did you send them and UI ?
Generally the position is... theres no need to send anything in.. as the burden of proof is on the ex employer to prove that denial is warranted. Once you send in your 'proof' then the ex employer knows what your argument will be.. .and can adjust accordingly to plan their strategy.
your best defense is to poke holes in their 'proof' which they have to send you. You dont have anything to prove.
Yes, well he initially told unemployment that I voluntarily quit because I couldn’t find child care. ( I went on maternity leave January 20 was due back in the office March 20th). I worked remotely while on my leave. During my leave he : blocked my generations systems (we access our clients and caregivers through this portal), he cut my pay, also he changed my leave date and extended it to April 13th which I have snapshots of ALL of these incidents and sent those to unemployment. Come Monday, March 23rd he Calls me with these exact words “hi ****, the company is taking a different direction and you won’t be needed anymore. Please drop of your keys as soon as possible”. He had NO valid reason. My guess now is during my leave he was trying to push me out the door and when it came to my returning he figured he just do it himself. I know stupid of me I should of stood my ground when I was being treated poorly. I loved my job tho so I just dealt with it.
Sorry for the long post I just wanted you to get a feel of how it all happened.
Yes, well he initially told unemployment that I voluntarily quit because I couldn’t find child care. ( I went on maternity leave January 20 was due back in the office March 20th). I worked remotely while on my leave. During my leave he : blocked my generations systems (we access our clients and caregivers through this portal), he cut my pay, also he changed my leave date and extended it to April 13th which I have snapshots of ALL of these incidents and sent those to unemployment. Come Monday, March 23rd he Calls me with these exact words “hi ****, the company is taking a different direction and you won’t be needed anymore. Please drop of your keys as soon as possible”. He had NO valid reason. My guess now is during my leave he was trying to push me out the door and when it came to my returning he figured he just do it himself. I know stupid of me I should of stood my ground when I was being treated poorly. I loved my job tho so I just dealt with it.
Sorry for the long post I just wanted you to get a feel of how it all happened.
Ok... so yeah there was no need for you to send any evidence in.
At the appeal hearing he would have said you voluntarily quit. You would ask him. Did you block my access to the company portal, which I was using to work remotely? He would have to answer 'yes'
Then you would ask him, did he cut your pay. He would have to answer 'yes'
and then you would ask him did he change your leave date and extend it to April 13th. He would have to answer 'yes'
And then you ask him, on March 23rd did you call me and tell me the company is taking a different direction and I wouldnt be needed anymore and to drop my keys asap' and he would have to answer 'yes'.
IF he lied and answered 'no' you would tell the judge that he is lying. He has to PROVE he didnt do those things. He has to PROVE that you quit voluntarily. But he cant. He has NOTHING from you (Im assuming) where you gave notice to quit.
I would also hazard to say that for whatever reason he was retaliating against you. If you can prove THAT .. you have a good lawsuit as well
Okay okay. So now that I screwed up by sending the screenshots of where he did say ALL of those things. Where do I go from here? Cause they will bring that all up now during the appeal hearing and I just simply ask the questions what I already sent yes? Also, there nothing he has on me. I did NO wrong. I did all my work, covered all cases while on leave, etc. The text message that he used to deny my original application to me “voluntarily leaving” is one that I sent the day before he called me to drop my keys off. I will direct message it to you if that’s okay?
Help me! I received a letter today from the state stating “The hearing of 07/07/2020 has been rescheduled to a date and time below. It will be necessary to present all evidence you gave at any prior hearing” which is now set for July 21, 2020. how is this possible? The letter was mailed out out me Monday, July 6th, 2020 the same day I sent my evidence to not only the judge but as well as my previous employer. Reason I sent my evidence was because the letter prior to this one stated “ any exhibits to be used during hearing needs to be in the hands of the administrative law judge and opposing party 24/hours prior”. There’s no reason as to why it was rescheduled. I just think it’s so weird that I send all my evidence now it’s rescheduled. Also, I never even received my files to review yet and I requested those June 29th, 2020 more than enough time for them to send it to me.
If you sent the evidence the day before the hearing, maybe they didn't have the full 24-hour requirement to review it all. They might have sent the letter before they even got your evidence.
Or maybe they didn't have the files ready for you that you requested, so in order to give you enough time to receive those, they rescheduled. I wouldn't read too much into the rescheduling part since that happens all the time.
Seems like this type of thing happens a lot with maternity leaves. The employer anticipates that a new parent won't be as available as before so they try to squeeze them out.
Hopefully he won't show up or he'll realize you have real proof, so will stop fighting it.
Okay okay. So now that I screwed up by sending the screenshots of where he did say ALL of those things. Where do I go from here? Cause they will bring that all up now during the appeal hearing and I just simply ask the questions what I already sent yes? Also, there nothing he has on me. I did NO wrong. I did all my work, covered all cases while on leave, etc. The text message that he used to deny my original application to me “voluntarily leaving” is one that I sent the day before he called me to drop my keys off. I will direct message it to you if that’s okay?
no.. theres no need to direct message that to me.
So... what you do from here on out is... wait for THEIR evidence... once you get it.. you go through it with a fine tooth comb and look at what it is they are trying to say their evidence is.. then make notes on HOW to invalidate their evidence.
Make sure when you do that, that you pull up the laws of Unemployment so that if needed you can reference a particular law.
For example:
'Rule blahblahblah of the State of blahblah Unemployment, it states that For it to be misconduct, it has to be willful and negligent... are you saying that I was willfully negligent? where is it that you can show this?"
That kind of thing. (at least thats what we did and it worked).
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