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My UI benefit rights were suspended. Indiana

On Lawyer & Legal » Employment & Labor Law

3,366 words with 0 Comments; publish: Mon, 31 Jul 2006 10:37:00 GMT; (80062.50, « »)

I was recently discharged from a job. I feel that it was due to certain unethical and possibly illegal actions by the company I recently witnessed. I think they fabricated a reason to fire me. However I filled for unemployment. But unfortunately, my old boss has made some false claims, so I plan on appealing it. Its not even about the money now as im sure by all is said and done, I will cost me more to fight this. But I feel that I am obligated to protect my rights and not let my old boss get away with what they have done.

Now one thing that was written in here is IC-22-4-15-1(d) states that discharge for a breach of duty in connection with the work, reasonably owed an employer by an employee, is disqualifying. What does this mean exactly?

Also I noticed that is slightly different then what was written on Indianas website which states (8) incarceration in jail following conviction of a misdemeanor or felony by a court of competent jurisdiction or for any breach of duty in connection with work which is reasonably owed an employer by an employee.. It seems to be out of a bigger section and slightly reworded. Does this make nay difference? Shouldnt they be quoting me the exact law as it is written?

Under Circumstances for Case, it states:

The claimant was discharged for unsatisfactory work performance. The information provided does support warnings were issued prior to the discharge and the claimant was aware the job was in jeopardy due to willful unsatisfactory work performance.

The thing is, I was never told my work was unsatisfactory or led to believe their were any problems whatsoever. I was constantly told I was going a great job and to keep up the good work until the time I was fired. I was never given any kind of warning or advanced knowledge that I was in jeopardy of loosing my job or that I was doing anything wrong or unsatisfactory.

And under Conclusion of Case, it states:

The claimant was discharged for just cause. IC-22-4-15-1(d) states that discharge for a breach of duty in connection with the work, reasonably owed an employer by an employee, is disqualifying. Information provided establishes the claimant was willfully negligent or careless in performance. It has been established the claimants willful unsatisfactory work performance was a breach of duty. In accordance with IC-22-4-11-1(d) 2 the employer is relieved of charge.

Why do they keep using willful? What are they exactly meaning by this? To me its sounding like they are saying that I intentionally was doing my job wrong. This is not the case. I explained to the case worker that I followed the companies policy and procedure as outlined to me. I did it the way they wanted it to be done even though they wanted me to skip certain safety steps which resulted in a problem as they claimed. They later tried to tell me that I was supposed to be doing the same steps they explicitly told me not to follow. The lady also when I explained to her this brought up well doesnt it only take a few additional seconds to perform them. I told her yes, but they didnt want me to do them and said it was wasting time. The lady seemed real hesitant to blame me even tough I was doing what the company wanted me to do.

I do plan on appealing this. But what steps should I do, and what can I do?

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