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TJ, Esq.
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 9606
Experience:  Licensed to Practice Law
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I was denied unemployment because of misconduct. I appealed

Resolved Question:

I was denied unemployment because of misconduct. I appealed and was denied. Should I appeal it again?
Submitted: 1 year ago.
Category: Employment Law
Expert:  TJ, Esq. replied 1 year ago.
Hello and thank you for allowing me the opportunity to assist you.

I suppose whether or not you should appeal depends on whether there is evidence that you were terminated because of misconduct. If the answer is yes, then you are not entitled to unemployment benefits. In order to be entitled to unemployment benefits, you must be unemployed due to no fault of your own. If there was no misconduct, then you may consider appealing, though I suspect that the employer must have documentation to support it's claim or it wouldn't have won the prior appeal.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated. Thank you for using our service!

If you would like to direct additional legal questions to me in the future, then please type "To VAMD" in the subject line of your question.
Customer: replied 1 year ago.

What happened was in a one year period I was written up 4 times for selling prescriptions to the wrong person by accident. Under Arkansas law a person shall not be found guilty of misconduct for poor performance unless performance was intentional. They can't prove it was intentional, but say due to the frequency and negligence and recurrence it shows misconduct.

Expert:  TJ, Esq. replied 1 year ago.
Hi again.

It may be worth appealing again because it does sound like the alleged misconduct is less than clearcut. I suspect the result will be the same, but I'm not positive. As you suggested, there is no proof ... just assumptions.
Customer: replied 1 year ago.

I was wondering how to write the letter for the appeal. They are stating that it was misconduct due to the fact that the offence was repeated which shows it to be intentinal because of the law. Here is what the law says;


Misconduct included violatin of any behaviroal policies of the employer as distinguished form deficiencies in the meeting production standadra or accomplishing job duties.


An individual shall not be deemed guilty of misconduct in poor performance in his job duties unless the employer can prove that the poor performance was intentional.


An individuals repeated act of commission or omission or negligence despite progressive discipline shall constitute sufficient proof of intentional poor performance.


 


That is how they are showing intent, but there should be a way around it. First they were trying to call it falsifying documents, when I disproved that they changed it to the latter.


 


How can I write the letter to get the best results. Can you just give me a brief outline or some ideas?

Expert:  TJ, Esq. replied 1 year ago.
Hi again.

That will be difficult to overcome. However, the law does not state how many instances constitute a "repeated act." Four instances in one year may or may not be a lot. If you sold hundreds, or even thousands of prescriptions in one year, then 4 instances isn't a lot. If you sold 1000 prescriptions in one year, then 4 instances would only be 0.4%. That's not a lot, and you can argue that while you made a mistake, a mistake that occurs just 0.4% of the time should not be considered a "repeated act." That is just an example, but it may be an worthwhile argument.
Customer: replied 1 year ago.

That's exactly what I was thinking. I sold 150 to 300 prescriptions a day 5 sometimes 6 days a week which makes me 4 offenses less than .01%. That is not excessive so their claim is false and it's not misconduct under Arkansas law. Ok, thanks for your answer I'm gong to go with it and hope I win.... it will help until I find employment elsewhere.


 


Thanks, XXXXX XXXXX you a good grade so you can get paid.


 


Thanks again.

Expert:  TJ, Esq. replied 1 year ago.
Hi again.

Thank you for using our service, and I appreciate a positive rating.

If you would like to direct additional legal questions to me in the future, then please type "To VAMD" in the subject line of your question.
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 9606
Experience: Licensed to Practice Law
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