Question

Asked: Oct 27, 2009

Are unsigned warnings admissable? I neither knew about them or signed them. they are fighting my unemployment.

I was fired in Sept of 2009. I filed for unemployment and won based on no documentation by them and no misconduct with the work. They are appealing and I received from unemployment 4 documents provided by my former employer that are written warnings. Only one of them I knew about or signed! what can I do?

Categories: In Legal > Business Records
In Employees > Hiring and Firing

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Answers

Often in unemployment proceedings, the hearing officer will consider all evidence present. But, the hearing officer will give less evidentiary weight to a document you say you did not receive and which the employer cannot prove (i.e. signature) you received. Additionally, at hearing, you will have an opportunity to ask questions of the employer. You should use the time to discredit the forms they are now submitting: Was the offense serios that you claim to have written me up for? If it was so serious, why didn't you have me sign the form?

If the employer states that you refused to sign then ask why he did not get a witness to affirm your refusal to sign and receipt of the warning?

Answered: Oct 27, 2009

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