Legal Question in Employment Law in Virginia

Opinions On My UI Appeal Please?

What is the name of your state (only U.S. law)? Virginia

The following is my appeal that I filed today with the Virginia Unemployment Appeals Commission

After a ''Fact Finding'' telephone interview was conducted, judgement went against me in my attempt to collect unemployment.

I just wanted to get some opinions from any of you that would care to read through my brief response to the appeals commission.

Thanks,

MC

===============

Sir(s)

I submit this appeal, contesting Deputy P. Showalter's decision that I am disqualified for UI benefits due to Deliberately Violating a Known Company Rule.

In the Unemployment Compensation Commission Of Virginia's own words:

''There is more to carrying the burden of proof than merely making the charge.''

''Were this not so an employer might only state that an employee was discharged for ''misconduct'' and the disqualification would be automatic.''

What started out as an alcohol on the breath charge, somehow along the way, became a drinking on the job charge!

I fail to see how a three way conference call between myself, my former employer and a commission deputy can constitute proof, most especially when the former employer and myself deny each others charges


Asked on 3/23/09, 6:49 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Opinions On My UI Appeal Please?

Looks ok to me, but don't be surprised if the VUAC

upholds the deputy's decision that you should be disqualified for cause based upon the fact that it was determined that you apparently had alcohol on your breath while you were at work on the day in question.

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Answered on 3/24/09, 12:20 am


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