Sunday, November 21, 2010

I was approved unemployment now my former employer is appealing the decision...?

I was initially approved for unemployment benefits by the state of Illinois after my phone interview. Now my former employer is appealing this decision. The reason for being terminated is ';falsified my application.'; I understand Illinois is an at-will state and I can be fired for anything. I am not arguing the fact I was terminated.



I placed Personal as my reason for leaving my last job when I was terminated. I consider this to be a personal situation, and I was asked to elaborate during the interview as well on this, and I was open and honest about my situation. I just didn't want TERMINATED to be put on my application for anyone to see. Its a personal situation that was on a need to know basis to those interviewing me and in the position to hire me. There were no problems with me being fired from my last job and I was hired. I worked here for 15 months and then, Uh Oh, its a problem.



Now in Illinois I understand that the only reason you can be denied unemployment is for misconduct and that four factors must be present for misconduct to occur. These include:



A willful and deliberate violation of

A reasonable rule or policy that

Governs the employee檚 behavior in performing their work and

Either harmed the employer OR was repeated despite a warning



None of these factors apply to my situation. I was a very good employee winning several performance and sales awards last year, got along with all my coworkers, and was very well liked by my customers.



As for falsifiying my application. I put on my application what I thought and felt an appropriate response. I was not trying to lie, and I was open and honest in the interviewing process.



During my first phone interview with the state on my initial benefits approval the interviewer laughed when I said I had just won an award for being the top sales person in 2008 when he asked me if I was doing a poor job. He immediately then said he heard enough and would send me my decision in a week.



My question is how can my former employer still appeal this and win? They have to prove misconduct on all 4 of those points, and I don't see them being able to prove even 1 of them.



Any advice? Anyone else have a similar situation?I was approved unemployment now my former employer is appealing the decision...?
If you lied on your employment application by not disclosing that you had been fired from a previous position then that can be considered grounds to fire you and also gross misconduct sufficient to deny you unemployment compensation.



If you were fired from a job and asked about it during the application process you have to be truthful, even if it is embarrassing. Most employment applications have a question that asks if you've ever been terminated from a job. If you didn't answer that question accurately, for whatever reason, you can be found to have lied on your application. Lying in applying for a job is always grounds for dismissal. Most employers are now doing background checks to confirm that what you say in your application is correct, so don't lie, you'll get caught.



If you were terminated from your earlier job you have to disclose this if asked and should be prepared to explain the circumstances. Unfortunately, by trying to keep this private you look like you have a truthfulness problem and it is going to be difficult for you to overcome that in the job market unless you are brutally honest when applying for your next job. Better that than being found out later and fired again.I was approved unemployment now my former employer is appealing the decision...?
You opened the door, by not being completly honest.



The appeal is based on that....not on your job performance or action.





You said you were fired for personal reasons....which may have saved your feels, was innaccurate and thus cause for appeal.



You should ask to amend your statement
uh..terminated for failure to disclose an issue may be your downfall here.

No comments:

Post a Comment