QUESTION
My Fiancee was fired. Unemployment Claim is being Appealed after it was already approved.
Asked on Feb 06th, 2014 on Employment Contracts - Massachusetts
More details to this question:
My fiancee was fired from her position as a school teacher. A Board of Education representative came to observe her classroom and asked for a copy of her Lesson plan. My fiancee said that the lesson plan was on the whiteboard. The Rep said that she needs a paper copy of the Lesson Plan, which my Fiancee was unable to provide. The Board of Education Rep spoke to the principal of the school and my Fiancee was fired later that day. She had not been disciplined previously and worked very hard at her job. After 3 months of waiting, my Fiancee's unemployment claim was approved. Approximately 2 weeks after that, the School appealed the claim. We have to go to an Appeals hearing on the 21st to fight our case. How should we prepare, and is there any legal justification for their appeal? She was fired, without having been disciplined, and DID NOT quit. How can they appeal on those grounds? Thank you.
1 ANSWER
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Entitlement for unemployment benefits require that the termination was for "no fault" of the claimant. So the appeal is about denying the benefits because the termination was based on some fault or wrongdoing by the claimant. This reason will be documented in the claimant's (your fiancee's file) and can be reviewed copied by your fiancee (for preparation to defend against the appeal) by contacting the Hearings Department listed on the hearing letter she received from the DUA.
If they don't appear at the hearing and you do, it will be dismissed (she will get benefits) otherwise and depending on the fault stated by the school, which could be one of the following, she herself or her attorney need to prepare to challenge the appeal.
Discharged for deliberate misconduct or violation of company rules or policy, including absenteeism or tardiness.
Released due to to inability to meet performance standards
Reasonable assurance for reemployment
If she choses to represent herself, a good reading of this guide will help. Google and download " Unemployment Advocacy Guide an advocate's guide to unemployment in Massachusetts "
Answered on Feb 13th, 2014 at 11:53 AM