I resigned from my job because I was on written notice, and saw no way of remeining with the company. I was verbally harassed, prevented from doing my assigned task due to other crisis situations. I am now trying to file unemployment. The only reason I was denied employment is because I did not go to discuss my problems with higher level managers. I had meetings with HR, my manager, and his manager.
State/Country relating to question: Missouri
I filed for unemployment.
Reasons, irreconcilable differences, no possibility of retaining my job.
The state of Missouri replied that I am being denied because I have not gone enough levels of management with my complaints. I have gone to HR, my manager, and my manager's manager.
Thank you for contacting Just Answer. I look forward to assisting you. I may have switched you out of "chat." If I did, it's because I have had technical problems chatting here. I hope that you don't mind!
While we write back and forth, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Sometimes I'm unable to read your entire question until AFTER I write back to you.
Although it's usually five minutes, sometimes there can be a delay of an hour or more in between my answers because I may be researching the answer to your question, helping other customers, or taking a break. If we are writing late at night, I may have to go to sleep and resume helping you the following morning.
I need the following information before I can answer your question:
Can you please tell me what your legal question is? Is it about how to appeal your unemployment denial?
I'll look forward to hearing from you,
Jane Doe Deer
Does my reapon for umemployment sound reasonable ? How do I know how many levels of management to inform ? Is this the only things I have to discuss in the appeal hearing in order to win ?
People are often turned down for unemployment. It sounds to me that if you went through three levels of management, that should be plenty.
When you appeal, make sure that you submit every bit of evidence you have, even if it sounds only slightly helpful/relevant to your position. If the company has a written policy, note that, and explain how you followed the policy. If the company has no written policy, note that instead, but explain how you took all those steps, regardless.
If you think you can prove you were treated differently because of your gender, disability, race, etc., let me know and I'll send you back some information about filing a discrimination complaint.Also, sometimes people obtain attorneys to help with unemployment appeals. It's not needed - I just wanted to mention this.May I be of any further help? I'm standing by.
I have received the documents from the state of Missouri appeal. These include original reasons for the request for Unemployment Benefits, and reasons why I am appealing. The reason I was originally denied is because I did not go enough levels of management. Should this be the initial argument that I should approach in the hearing? Should I divulge any more information ?
Yes. You can argue that the initial examiner failed to properly consider all the evidence you provided.
Provide all the evidence you can to the hearings officer (usually an attorney, but not always). If there are bad things, you should provide that too, and explain it. If you don't, your former employer will.
You said in your original message that you think I went to enough levels of management. The State of Missouri's denial letter: failure to notify enough levels of management.If the company that I worked for cannot provide a policy informing the levels of management to inform, then will my appeal be approved ? I do not want to go into any other details if I do not need to.The appeals court has all except some emails that I did not forward to my personal email account.
You can't just submit evidence. You need to provide an argument, too. For example, you can say something along the line of the initial reviewer erred in stating you didn't go to enough levels of management, when you clearly demonstrated at the initial stage that you had gone to several levels (and then provide any documentation) you have.Unfortunately, I can't ever predict how a case will turn out. It can be a matter of the luck of the draw of the hearings officer. Do be aware that you can continue to appeal if you don't agree with the results of a hearing.I don't know what you're talking about in regards to "other details," but keep in mind that when you appeal, the employer can come in with whatever evidence it may want to introduce, if it decides to oppose the unemployement - which some employers do. You can always object to the introduction of the evidence.My best,
Atty. 24+ years; Plain English - Discrimination, Fire/Hire, Non-Compete, etc.
This appeal is being done by phone. The state of Missouri has sent me the copies of evidence that I have faxed to them. They have also sent me a few documents from the other company. Is the State of Missouri supposed to send me "All of the Information" submitted by me and the company I used to work for ? Is this "All" of the information that can be submitted in the hearing ?
No one has to submit anything you haven't asked for. You can ask for what you want. If they refuse to provide something, you can submit a motion to the judge asking for an order to order them to provide evidence you've requested.Some of the evidence may be redacted, to protect the privacy of other employees. Sometimes, you have to fight over what is redacted or not.To "redact" something is to remove information - usually, what is done is to black out parts of documents with private information.
Thanks for accepting!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).