By Dave Caldwell
Preparing for Unemployment Claims Hearings
You know how important unemployment claim hearings are. Being knowledgeable and prepared for different scenarios can mean the difference between a win or a loss, with tangible financial implications. Here is an unemployment hearing case example about an employee who quit during training and how it turned out.
The employer operates a retail store. The claimant was hired as a cashier, and quit before completing training.
At the Hearing
The Employer’s Evidence: The employer testified the claimant worked for a few weeks for the employer training to be a cashier. The employer has a training program consisting of hands-on personal training with a trainer as well as instruction over the computer via pre-recorded training sessions. The HR Coordinator appeared as the employer’s witness. She stated that she had spoken with the claimant about concerns the claimant had about the training. The claimant told her that she felt like she was behind, and that she did not feel like the trainer was doing a good job of giving her the knowledge she needed. The witness testified that she advised the claimant that the employer had multiple resources available to assist the claimant with anything she was not comfortable with. The employer’s witness indicated that based on the conversation she believed that the claimant was going to come in the next shift and take advantage of some computer based training on topics she didn’t feel comfortable with. The claimant left work after that conversation and called later that evening to let the employer know she was not returning to work.
The Claimant’s Evidence: The claimant testified that she quit because she felt like she was too far behind in her training to catch up. She indicated that she did not feel like the trainer liked her very much and was not very patient with her. She testified that when she asked questions the trainer said “you’re killing me” and “you are using up all your lifelines”. The claimant stated that she felt like the trainer was unprofessional. The claimant stated that she spoke to the employer’s witness and told her that she felt she was behind in the training and that she did not feel that the trainer was training her in the manner that he should. The claimant stated that the employer's witness indicated that the trainer “does things differently” and the claimant may feel better after taking training courses on the computer. The claimant stated that she did not feel like that was sufficient and that even though she had one week of training left, she was too far behind and decided to find a different job. She testified that she left work right after speaking with the HR Coordinator and decided to quit on the way home.
The Hearing Decision
The Hearing Officer found that:
The claimant appealed. The claimant argued that:
The Board of Review (Board) affirmed the decision stating that:
Want more real-life examples? Dive into 12 unemployment hearings where we examine evidence from both the claimant and the employer, giving you unique insight on decisions handed down from the Administrative Law Judge and The Board of Review. You'll learn key takeaways for how states review separations and the type of evidence that might be needed. Get the free Ebook today!
And, learn more about unemployment hearings and how using a hearing representative from Equifax Workforce Solutions can help you enjoy a double digit increase* in your win rate, check out the Workforce Wise™ Podcast episode, Why Should I Worry About Unemployment Hearings?
*2020 Equifax Client Data Disclaimer: This is just an example of a client’s experience, but might not be representative of your future success — since your success is dependent upon the unique facts and circumstances of your individual company