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I want to know what my daughter can do ,if anything to fight…

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I want to know what...
I want to know what my daughter can do ,if anything to fight this.
Submitted: 8 years ago.Category: Employment Law
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Answered in 1 minute by:
6/18/2010
Employment Lawyer: Marsha411JD, Lawyer replied 8 years ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,986
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
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please respond on the initial question. You have just opened an entirely new question which you will be charged for. Just use the reply button and do not respond to this.
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Customer reply replied 8 years ago
I have asked only one question so far
Employment Lawyer: Marsha411JD, Lawyer replied 8 years ago
No, you have two questions open. As you can see from this conversation, this was not your initial question. Please reply to my initial request for information by opening that request and replying there. I have requested that is be closed so you aren't charged two deposits.
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Customer reply replied 8 years ago
I thought a had an unlimited subcription,so does it matter if I have 2 questions ?
Employment Lawyer: Marsha411JD, Lawyer replied 8 years ago
It does and it does to the Experts since there is no way we can answer one question that is spread out over more than one open questions. If you insist on using this thread, then you need to ask you initial question again here otherwise, please do not respond on this thread since it does not contain your initial question.
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Customer reply replied 8 years ago
The question is-How can my daughter fight against the allegations that she was asleep on the job along with many other unthruths so that she can receive her unemployment?
Employment Lawyer: Marsha411JD, Lawyer replied 8 years ago
Please provide all the details that you initially provided so I have the information I need to assist you.
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Customer reply replied 8 years ago
Kristen(my daughter) was fired 2 months ago for sleeping on the job.She was at first granted unemployment by the state of al. but it was appealed by gulf health systems(her employer).There was an appeal over the phone with human resources,unemployment representative and Kristen.They stated she was found asleep in the breakroom with a blanket.This was completely untrue because Kristen was not even on her floor that day.She was pulled to another floor and was found in a room. She states she was on the phone and not asleep.Her aunt was in the hospital with cancer and was talking to her other aunt about her.The also stated that she had excessive absences and tardiness which also was not true due to the fact that she has never been written up for any of these offences.We have not heard anything back from unemployment in 9 days and it is impossible to get a person on the phone
Employment Lawyer: Marsha411JD, Lawyer replied 8 years ago
Hello again,

Okay, it isn't entirely clear where she is in the appeal process, but since she had a telephone hearing this may be the formal appeal level. If so, it might be too late to effect the outcome of the results. If she is denied benefits, and this is the appeals level, then she will only be able to appeal to a Commission Board on the basis of a mistake of law versus fact by the Hearing Officer. If, on the other hand, she was not in a hearing with a Hearing Officer, then she will have one more chance to tell her side of the facts at an appeal.

The long and short of it is that if the UI Commission believes that your daughter intentionally or through gross negligence failed to follow the policies or procedures of her employer, then she will not be entitled to benefits. Although it is relevant that she had not received warnings for her absences and tardiness, it is not determinative. It is just one piece of evidence, as is the fact that she was either sleeping or talking on the phone. So, it really comes down to who the Commission or the Hearing Officer believes.

In any event, she will likely hear something within a week or so. If she is denied, then she needs to follow the instructions for an appeal to a tee. In other words, if it gives her a deadline, then she needs to file within that deadline or she will waive her right to appeal.
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