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John
John, Attorney
Category: Legal
Satisfied Customers: 5408
Experience:  Licensed and practicing attorney.
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I filed unemployment and received a letter stating I have an

Customer Question

Hello I filed unemployment and received a letter stating I have an phone interview in reference to them appealing it
JA: What state are you in? It matters because laws vary by location.
Customer: Md
JA: Has anything been filed or reported?
Customer: When I filed they asked me why was I discharged I explained their rules on if you miss verification of callers 3 times you were discharged
JA: I'm just trying to get information to help you.
Customer: Ok
JA: Anything else you want the lawyer to know before I connect you?
Customer: That I have had other issues with the company in ref to harassment prior to discharge
Submitted: 4 months ago.
Category: Legal
Expert:  John replied 4 months ago.

Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. Please note that the website may ask you if you desire premium services, such as a phone call. I do not control these prompts, and you are not under any obligation to order premium services to get a full answer from me. If you do desire premium services, however, feel free to select that option. I will have an answer for you shortly, unless I require additional information. Please be patient while I may have to research some matters before providing a response. In the meantime you should save the url link or bookmark this webpage in case you become disconnected and need to return to this page at a later time.

Expert:  John replied 4 months ago.

The employer appears to be alleging your work performance was misconduct, which really isn't the case...but they are allowed to appeal as a matter of right (i.e., the agency has to hear the appeal). “misconduct”, as used in section , “is a substantial breach by the employee of an important duty or obligation owed to the employer, willful or wanton in character, and tending to injure the employer”.
The test for misconduct is essentially volitional. “The conduct may be harmful to the employer’s interests and justify the employee’s discharge; nevertheless, it evokes the disqualification for unemployment insurance benefits only if it is willful, wanton or equally culpable.” . Only, “An employee’s deliberate disobedience of a lawful and reasonable instruction of the employer, related to the employer’s business, is misconduct”. However, mere mistakes, like you made in this instance, do not constitute misconduct. You, therefore, in defense of the appeal only need to state that the verification misses were merely accidental, not intentional and not with an intent to harm the employer for certain. Their harassing you prior to this really isn't relevant to the matter, except as to argue the missed verification weren't even the real reason for termination.

Expert:  John replied 4 months ago.

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