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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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I am currently drafting my appeal letter denial of

Customer Question

I am currently drafting my appeal letter for the denial of unemployment benefits due to misconduct. I completely disagree with the 'misconduct' since I never received a written warning and was only there for 6 weeks
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your post. Please permit me to assist you with your concerns.
What specifically is your question, how can I help?
Customer: replied 1 year ago.
I am drafting an appeal letter for the denial of unemployment benefits. I was terminated after six weeks employment due to misconduct. I did not receive any written warnings, no performance improvement plan, and actually never received the change to deliver any assignments (my boss constantly changed my assignments as they were due). I did go to HR 15 business days to address some of my concerns with my boss since I was in a hostile work environment. After this appeal I will be filing an EEOC complaint.My question is - how much information do I need to provide in order to win the appeal? There are no witnesses to call after my HR complaint, I have no written warnings, and it is essentially my word against his. All I can really provide is a timeline of events
Customer: replied 1 year ago.
I would prefer the timeline of the sequence of events to be made when I am ready to file my EEOC complaint and that is my biggest concern. I don't trust my former boss and don't want to have to overcome fabricated documents. If he becomes aware, that is likely the direction he will take
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your follow-up. There is no real right answer to your question. Each case is different. But as much information as you have provided that it is pertinent and on-point. For example if you claiming that you were not really terminated due to misconduct but it was due to, for example, a gender issue, provide examples of it--for example if the employee handbook states that you are entitled to a written notice before termination, provide that as part of your letter. Likewise, a timeline of events is very important. Keep in mind that a boss can change priorities or demand that you work on new assignments, and can discipline if you aren't performing properly--but to claim that this was harassment or a hostile work environment you have to point to what was causing this behavior and list it in your appeal letter. Sincerely, ***** *****