Employer appealed my UI benefits and lied their way to victory!?!?

[PayrollHRGuy]

you did, I'm not sure how to "subpoena" for the documents that may help, but I could certainly read about it and learn.

Super simple, all you will have to do is notify the Tribunal that you want them to subpoena the records. The same goes for anyone you want to call as a witness.

In my letter to the board, I just want to stress a few things. Like my understanding was that the burden of proof was on my employer. Since they discharged me, they have to prove that it was misconduct. I want to stress that there was no proof, just the testimony of three people versus me. Is it worth mentioning this in my letter? Just a paragraph or two stressing what I think is wrong about the decision.

Kinda, sorta. The board knows what evidence was used by the hearing officer to write the Finding of Facts. It will be right there in front of them. As mentioned they seldom overrule Tribunal officers on what the officer chose to believe or not believe because while they can listen to the recording of the hearing they weren't there.

As I said earlier no new evidence will be accepted. The only way to get it accepted is for you to get the BoR to vacate the ruling and with what you have written your best bet on that is to state you were so surprised and shocked by the new allegation they employer used you had no way at the time of the hearing to counter it.

is it worth mentioning that it is unrealistic to call upon any witnesses since they'd be uninterested in risking their jobs by testifying against their own employer?

Not at all. They are going to assume that a person that testifies under oath is going to tell the truth unless there is some reason for them not to.

is it worth mentioning that the there are certainly documents that do exist that would render the "findings of facts" non factual? If it's true that said documents exists, maybe it weakens the findings of facts as a whole?

That is exactly what you would want to not just mention but center your BoR review letter on.

 

[Justin R]

Aight sounds good. Thanks again man!