Thursday, April 1, 2010


Now let's say the Claimant received a Notice of Adverse Determination on the grounds of Misconduct. Now in the statement to be prepared by the Claimant, the Claimant should be specific and in diary form give the following information:

1. How did Claimant learn of the firing.

2. Describe the date, time, place, people present at the incident of firing.

3. Describe in detail each communication at the incident of firing.

4. Describe in detail the steps Claimant made to resolve the issues after being fired(i.e. anything in writing, any complaint to union or to HR or to Supervisor) and what happened after those steps were made.

5. Describe in detail what the Claimant's version of the acts of misconduct.

6. Describe in detail any witnesses to any acts of misconduct.

7. Describe in detail any prior warnings received by Claimant regarding misconduct and if in writing, furnish a copy.

8. Claimant should furnish, if possible, a copy of the company handbook, rules, etc.

9. Claimant should furnish a copy of past written evaluations.

10. Claimant should furnish a history of pay increases.

11. If the charge of misconduct resulted in an arrest, Claimant should furnish all details regarding arrest, court decision, any documents.

12. Was there any previous hearing on these issues (through union or HR),

13. Describe in detail Claimant's attempts to resolve the issue of misconduct.

14. Describe in detail what happened to Claimant's belongings and employer's belongings in Claimant's possession (this is also germane in issues of voluntary separation as it may establish that Claimant was fired and did not quit).

The attorney should of course research the Appeals Board and Appellate Division cases of misconduct and may have to seek out additional facts. An attorney should treat these type of hearings like any case: preparation is the key.

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