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Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 53577
Experience:  Licensed attorney helping employers and employees.
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I was recently let go(well not so recently) it's been 12

Customer Question

I was recently let go(well not so recently) it's been 12 weeks. I worked for viet at a refinery. I backed into a power line pole and I was told that the refinery said I had to be let go. So I tried to collect unemployment and was denied. I let it go at the time, but..... I am on the out of work list with the local laborers Union 563. I guess I am wondering if I should appeal. The reason for denial "gross negligence in an accident"
JA: OK. To minimize me, please click the down arrow at the top right corner of this box.
Customer: Why do I want to minimize you? Are you going to respond with an answer?
JA: Because employment law varies from place to place, can you tell me what state this is in? No. I'm the Employment Lawyer's Assistant.
Customer: Minnesota
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time. Union
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 1 month ago.
Category: Employment Law
Expert:  Infolawyer replied 1 month ago.

Hello and welcome. I am working on your answer and will be right back!

Expert:  Infolawyer replied 1 month ago.

why denied benefits? did company have proof of gross negligence? did you submit anything in response?

Expert:  Infolawyer replied 1 month ago.

I can suggest options including tips to prepare the appeal

Customer: replied 1 month ago.
I was let go for gross negligence in an accident. I guess they can deny for that??
I filled out an accident report for the unemployment office. I'm not sure what proof they could have, or at least what could be proof. The one thing is they strongly recommend that a spotter is used when backing up and I did not...
Customer: replied 1 month ago.
I have not submitted anything after I was notified of the decision of denial.
Customer: replied 1 month ago.
Expert:  Infolawyer replied 1 month ago.

If that is the reason, benefits can be denied.

But the burden of proof is on company to prove, not merely allege it.

You can appeal on basis they lack such proof and can reverse on that basis.

Mere accusations may be enough for termination, but need proof of negligence for denial of benefits.

Customer: replied 1 month ago.
What would proof of the negligence be?
Expert:  Infolawyer replied 1 month ago.

witnesses, reports, affidavits, specific information confirming your misconduct, not general conclusory statements.

Expert:  Infolawyer replied 1 month ago.

Kindly rate me 5 stars.

thank you.

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