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I'm representing myself at an unemployment hearing I need…

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I'm representing myself at an...
I'm representing myself at an unemployment hearing I need some help fighting my claim
Submitted: 9 months ago.Category: Employment Law
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9/24/2017
Employment Lawyer: Legal Eagle, Lawyer replied 9 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 12,386
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions. Additionally, Most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Customer reply replied 9 months ago
Well I need to know what to say in the hearing what is appreciate and what is not like what kind of cross examination questions I need to ask,
There are witness statements of what I did to the co worker and write ups I have. But the employer decided to let me go based on the fact I pushed someone at work, so the employer let me go because they said it was assault.
Employment Lawyer: Legal Eagle, Lawyer replied 9 months ago

Ok, I see what you mean. Generally, the big issues are going to be centered on whether what you did would be considered gross misconduct such that you should be denied unemployment. Remember, it’s on the employer to try to prove that what you did was gross misconduct. If you could defend yourself on the grounds that maybe the behavior was provoked, if it is normal for your particular culture, or if it was otherwise acceptable in your company, then it being “gross” misconduct will probably not fly. Can I assume that gross misconduct was the reason they are challenging the unemployment benefits?

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Customer reply replied 9 months ago
Well I had to appeal the decision, because it was denied. If I can ask the right cross examination questions I might be able to win the hearing. The employee stated I pushed her with my shoulder and bumped into her and some else provided the witness statement. I said sorry to the employee but the co worker did not hear what I said because they are Spanish speaker.
Can you help me prepare what to say at the hearing.
Customer reply replied 9 months ago
Well I'm the one who appealed the decision because I got denied my benefits, I need to ask the right cross examination questions. There are 2 witness statements, 1 was the co worker states I pushed them 1 time with my shoulder and bumped her the 2nd time and another employee provided the witness statement that is why the employer let me go.
Can you please help me prepare for the hearing .
Employment Lawyer: Legal Eagle, Lawyer replied 9 months ago

I see what you mean. I can give you some good general ideas of where to start. In your case, what's going to matter is whether you can help prove that what you did was unintentional, accidental, and that it should not lead to the denial of unemployment benefits. Do you know who you will be interviewing on cross?

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Customer reply replied 9 months ago
Well I provided a picture what the employee has stated and I'm going to cross examine another employee that provided another witness statement. I'm also going to cross examine 2 more people, a manager and safety manager unrelated to the incident. But like I said the assault was unintentional and accidental, also the co worker was Spanish speaking so I don't think they understood what I said at the time it happened.
Employment Lawyer: Legal Eagle, Lawyer replied 9 months ago

ok, thanks, ***** ***** a moment to review...

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Employment Lawyer: Legal Eagle, Lawyer replied 9 months ago

oK, I understand. Please keep in mind that developing a proper cross examination would take many more hours than we have, but I can at least provide you a good basis to apply to your own situation. You should probably center your questions on:

1. Whether English is the first language of the person making the claim.

2. Whether the witnesses saw the situation and had any obstructions that would have clouded their vision or hearing of the situation.

3. Whether the individuals have any personal grudges against you for anything in the past.

4. Whether the person had any injuries consistent with an intentional push.

Doing this will add some doubt in whether this was accidental and points more in the direction of it being accidental.

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Customer reply replied 9 months ago
Well number 1, the employee is Spanish speaking so they don't know English
And number 2 can you be more specific.
Also keep in mind that is why they let me go because of the assault but also other deciding factors that made their decisions such as write ups and attendance.
Also I took pictures of how crowded it can be while working in a condensed area of the place. The employer might question me on that
Employment Lawyer: Legal Eagle, Lawyer replied 9 months ago

I see what you mean. If the person who made the complaint doesn't speak English, you could ask them if they reasonably understand what you are saying now or is it possible that they could have misunderstood you at the time. They will probably say yes. In addition, you could also ask some of the other witnesses if they would agree that the place is crowded, if people running into each other is normal, or if they have ever had anyone accidentally run into them at all. By asking those questions, you can create that necessary doubt that is needed to help you out.

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Customer reply replied 9 months ago
Well is that it? Could there not be anymore? It doesn't seem this could be a strong arguement of what you told me.
Employment Lawyer: Legal Eagle, Lawyer replied 9 months ago

I understand. I have reason to believe that by centering questions based on their perceptions, the facts, and their experiences with similar situations that would lead it to be an accident is sufficient. Unless you specifically ask them, "Are you lying?" you will have to ask questions that lessen the legitimacy of the adverse witnesses and support the legitimacy of your supporting witnesses.

However, please understand the actual development the questions will be up to you. I would have to review your entire case file to develop specific questions on your behalf and that could take hours. it would also require you and I to enter into a client-attorney relationship, which I can't do because I'm not licensed in your state. Regardless, keep in mind that you aren't the one that has to be persuaded. It's the judge or magistrate that has to be persuaded in this case. Did you have any other questions for me?

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