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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20243
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I was terminated from work on May 1st 2015. I received a notice

Customer Question

I was terminated from work on May 1st 2015. I received a notice that the company I worked for was disagreeing with the state on unemployment insurance. Law 8-13-108(4) CO. I contacted the lawyer on the paperwork I received and they told me they only work for the company I worked for. I have a hearing next Thursday the 16th. 2015. I would like any information I can get.
Thank You,
David Rohde ***@******.***
Submitted: 2 years ago.
Category: Employment Law
Expert:  Marsha411JD replied 2 years ago.
Hello,Thank you for the information. Can you tell me what the reason was for your termination as stated by the employer to you and to the State? Do you agree to disagree that the reason is accurate or founded?
Customer: replied 2 years ago.
There were 3 main points that the termination letter spoke of: 1.) Rudeness to a fellow employee, supervisor, patient, etc.
2.) Refusal to work overtime, a different shift, or perform a reasonable work request, and 3.) absenteeism. I have written a rebuttal statement to include points of disagreement to cover the sections. The reason for the hearing is that my employer is stating I could have changed my behavior at work, therefore, they are contesting the unemployment compensation. I just really need to know what is the best defense against this statement. I worked for the company for 11 years, 10 wonderful reviews, but the last year was as if they were looking to get rid of me. Any thoughts are appreciated.
Expert:  Marsha411JD replied 2 years ago.
Hello again and thank you for your reply. I honestly can't tell you how to rebut the allegations by your employer since I don't have all of the facts. You will want to give your side of the facts though on each allegation. If the employer can carry their burden of proof on any one of those allegations, which is that you intentionally or with gross negligence did what they say you did, then they will likely win the appeal. However, if you have evidence that rebuts theirs or evidence that other employees were retained with the same sort of "misconduct", then you will want to emphasis that. Ultimately the Hearing Officer goes with the side they believe with ties going to the employee. Please feel free to ask follow up questions i you have them, I would be glad to assist you further if I can. I injured my hand this morning, so my responses are taking a bit longer to type so bear with me please.
Expert:  Marsha411JD replied 2 years ago.
Hello again, I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer that I provided to you on the 21st. For some unknown reason, the Experts are not always getting replies or ratings (in the pop up box for this question, which is how we get credit (paid) for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator. In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: Thank you.