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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17252
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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Can I win an unemployment hearing after being fired for misconduct

Customer Question

Can I win an unemployment hearing after being fired for misconduct in the state of Nevada
Submitted: 5 years ago.
Category: Employment Law
Expert:  wallstreetfighter replied 5 years ago.

wallstreetesq. :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on

wallstreetesq. :

You will need to appeal the first denial if you receive one, and it is possible for you to win your case on an appeal

wallstreetesq. :

1. You have to prove the following:

wallstreetesq. :

1. You were not terminated for misconduct, and the fact you were terminated prior to your laid off date shows their intention

wallstreetesq. :

2. You alleged violation was common practice at work, and you followed procedures, by getting approval

wallstreetesq. :

3. The alleged violation did not cause any harm to the company, and it was a relatively minor violation

wallstreetesq. :

the term "misconduct" is limited to conduct evidencing such willful or wanton disregard for an employer's interest as is found in deliberate violations or disregard of standards of behavior which employer has right to expect of his employee, or in carelessness or negligence of such degree, or recurrence as to manifest equal culpability, or to show an intentional and substantial disregard of employer's interest or of employee's duties and obligations to his employer.

Article Source: http://EzineArticles.com/1351572

wallstreetesq. :

Misconduct is not just a violation of practices it has to be a major violation, where you had notice of what to do, and intentionally violated it.

wallstreetesq. :

If you can prove by co workers statements that what you did was allowed, and that you had permission, you should win your case.

Customer:

Where can I get paperwork showing that I was going to be laid off?

wallstreetesq. :

You can ask the hearing officer to force the employer to provide it to you, or from co worker statements,

wallstreetesq. :

Since this is a court proceeding you can have the hearing officer request all documents needed to present your case,

Customer:

Do I need witnesses if so how many?

wallstreetesq. :

It is best to have witnesses to make your case,

wallstreetesq. :

As many as you can get, you need them to state that the alleged violation

wallstreetesq. :

was never prosecuted, and was allowed,

wallstreetesq. :

you need them to state you followed acceptable practices,

wallstreetesq. :

and that you were going to be laid off if possible,

wallstreetesq. :

Any of the above would help you

Customer:

ok thanks

wallstreetesq. :

NRS 612.500 Hearing on appeal: Procedure; evidence; record; witnesses; trial de novo in certain circumstances.


1. A reasonable opportunity for a fair hearing on appeals must be promptly afforded all parties.


2. An Appeal Tribunal shall inquire into and develop all facts bearing on the issues and shall receive and consider evidence without regard to statutory and common-law rules. In addition to the issues raised by the appealed determination, the Appeal Tribunal may consider all issues affecting the claimant’s rights to benefits from the beginning of the period covered by the determination to the date of the hearing.


3. An Appeal Tribunal shall include in the record and consider as evidence all records of the Administrator that are material to the issues.


4. The Administrator shall adopt regulations governing the manner of filing appeals and the conduct of hearings and appeals consistent with the provisions of this chapter.


5. A record of all testimony and proceedings on appeal must be kept for 6 months after the date on which a decision of an Appeal Tribunal is mailed, but testimony need not be transcribed unless further review is initiated. If further review is not initiated within that period, the record may be destroyed.


6. Witnesses subpoenaed are entitled to fees in the amounts specified in NRS 50.225, and the fees of witnesses so subpoenaed shall be deemed part of the expense of administering this chapter.


7. An Appeal Tribunal shall not participate in an appeal hearing in which the Appeal Tribunal has a direct or indirect interest.


8. If the records of an appeal have been destroyed pursuant to subsection 5, a person aggrieved by the decision in the appeal may petition a district court for a trial de novo. If the district court finds that good cause exists for the party’s failure to pursue the administrative remedies provided in NRS 612.510, it may grant the petitioner’s request.


[6:129:1937; renumbered 6.10:129:1937 and A 1951, 347; A 1955, 698]—(NRS A 1971, 753; 1975, 914; 1987, 552; 1993, 1830; 2007, 63)


 

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