Do you think I will get and win my unemployment appeal?
I appealed late (9 days late). Only because I recieved proof late. The DOL "OSHA" sent me their inspection report and my boss was issued fines for serious safety reasons, ones he knew about all along but said I never told him about until the day before I left. Do you think I will get my appeal for filing late and if i do do you think I would win? I did not say in my appeal that I recieved those papers; I just stated that My employer knew about things that needed to be fixed and that after repeated reminders to fix them he never did so I quit. Yes, I was angry after telling him the last time but, he just kept blowing it off and treating me like I was stupid and did not know any better. He belittled.
Answer:
You need to strengthen your case at the appeal stage.
Think in terms of who, what, How, when, where, why.
Who - who did you tell
What - what specific safety issues did you bring up to the boss.
How - How did you bring this up (by bringing him out and pointing out the safety violations or just tell him in passing in the hallway, did you take a list to him of the violations, etc).
When - dates and times you brought this up to him
Where - where were you when you brought these violations up
Why - why do you think the issues did not get resolved (not "because my boss was a jerk" but "the boss claimed it was too expensive" or what did he tell you when you brought this issue up).
What you are doing is providing specific documentation at the hearing. I'd bring up the inspection report from OSHA as well.
By having evidence, you are better prepared. I'd also bring up the date you received the evidence related to the 9 days as your basis for not appealing sooner.
I have no idea whether you can still get unemployment benefits, but to me it appears you have a valid reason for the delay.
Good luck to you. As an HR person, it seems that this should have been resolved.
UPDATE: No guarantee that a governor will respond within 24 hours. That may be true in that person's state, but I don't think that is true in every state, and is unrealistic to expect the governor to answer in 24 hours.
if you filed your appeal late, then I don't think up will win but I hope you will GOOD LUCK
YOU SHOULD WIN.REMEMBER YOUR EX EMPLOYER WILL PROBABLY FIGHT IT.BECAUSE THEY WILL HAVE TO PAY.BUT YOU HAVE THE PROOF. YOU DO NOT HAVE TO WORK ANYWHERE IN UNSAFE CONDITIONS. IF YOU HAVE ANY PROBLEMS OR AS A PREVENTIVE, I WOULD CONTACT THE GOVENOR IN YOUR STATE.SEND A COPY OF YOUR PROOF, EXPLAIN WHY YOU HAD TO FILE LATE AND BY LAW HE OR SHE MUST RESPOND TO YOU WITHIN 24 HOURS.REMEMBER ITS THE LAW..
Take all evidence you have of the labor laws that were violated. Even though you filed late you are still alright. The burden of proof is not really on you, your ex employer needs to prove everything about you. As long as you have sufficent evidence why you walked away then you will recieve benefits,,,Good Luck and be strong!!
Unfortunately, by quitting you give up many of your rights - including unemployment in most cases. The appropriate course of action would have been to call OSHA to complain and let them handle the deficiencies as long as the deficiencies did not place you in imminent danger.
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