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Second level appeal, unemployment insurance help?

Category: Law & Legal

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I was fired for dozing off and laying down when I finished my work and while waiting for everyone else. then van moved and I was fired for not wearing the seatbelt.

I finished an hour earlier and after 8 hours of hard labor and just finish eating, I got a really tired and went to a sleepy state and just laid down.

I was suspended and then fire, even though in the 4 years I was there no one was even suspended for such violation, in fact they encourage it.But when I called headquartes on the managers actions, I was targeted and everything I did was monitored.

on my appeal I had no proof, besides my word, while they lied and denied everything I said with their fancy lawyer, and I had none... so I lost my unemployment appeal.

Now I have witnises and ex cowokers that will testify and say that the rule was enforced on me only, and the supervisor was picky on me for being suspended after I reported him.

I DID NOT COMMIT WILLFUL MISCONDUCT, Have I known the van would was going to move, I would have placed the seatbelt, and the SUPERVISOR IS IN CHARGE OF OUR SAFETY, so he should have woken me up...otherwise he would not have perform him job function......... not to mention the rule was never enforced, EVER

Im going to hire a lawyer for this second appeal, and hope for the best with my new evidence and witnises I did not have in the first appeal.

anyway I would like to know what are my chances in the second level appeal, also what do you guys think?

thanks and god bless

lcr000
lcr000

You did commit willful misconduct, 1 sleeping on the job 2. not wearing your seat belt.

your supervisor is not responsible for your safety you are, the supervisor provides you with the tools and guidelines to be it is ultimately up to you to work safely, that argument will not hold up


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