[KS] How should I prepare for an unemployment appeal hearing when my employer changed the reason for termination?

KS Employment

Liz

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If it is retaliatory, that can be an issue for the Department of Labor and the EEOC. (KS Stat § 44-1009)

If you can't escalate it within the company, then the EEO can be the next step. (42 U.S.C. § 2000e-3)

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Kansas here, appealing for unemployment benefits. My ex-employer stated at first it was due to an excused policy, which I disproved in a board meeting. Now she has told the Department of Labor it was for a vacation policy. My intention was always to adhere to the company's policies, and I made every effort to return to work promptly. I utilized my available time off to manage an unforeseen situation. Also, she has stated tardiness and leaving work early, but there is no proof, as the time I did leave early I emailed her and have that email. How do I approach this and what should I say in the hearing?

Lexi, Chatbot

I'm sorry to hear about the challenges you're facing with your unemployment benefits appeal. Can you tell me if you have already received a hearing date for your appeal?

Yes, tomorrow. I have been working on this all week and finalizing some questions.

Lexi, Chatbot

Have you gathered all relevant documentation, such as emails and any other evidence that supports your case against your ex-employer's claims?

Yes.

Lexi, Chatbot

Is there anything else the Employment Lawyer should know before I connect you? Rest assured they'll be able to help with your unemployment appeal.

Not that I am aware of.

Liz

Hi there! My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns. So I can best help, to be clear, the employer is claiming misconduct was the cause for termination?

Yes, ma'am.

Liz

Thanks for confirming that. Could you tell me more about the specific claims your ex-employer is making regarding misconduct? It's attendance but you took authorized time?

She was aware of the Thursday and Friday prior. I called off on Sunday because we decided to drive back, and this is the policy: Excessive absenteeism is defined as two or more occurrences of unexcused absence in a 30-day period and will result in disciplinary action. Eight occurrences of unexcused absence in a 12-month period are considered grounds for termination. I had none that were documented, but now she says there is with no proof, no corrective action forms, no plan to correct, etc.

Now she states vacation policy violation, even though I gave no reason to the supervisor when I called off, and tardiness and early outs she has yet to prove.

Liz

Got it, thanks for sharing that. Do you think she is targeting you for some reason?

Yes, I have applied for her position that she is stepping down from, not retiring. She wants to stay on staff as a regular worker, which no new boss, others or myself, will allow, and she knows that. Plus, she does not want anyone to look into the books, as there is some sketchy business. We are a library.

Liz

Have you brought up the issues before?

Yes, along with nepotism to her and the board. Should I start EEOC even with an application for her position?

Liz

Do you have an HR?

She is the HR.

Liz

If it is retaliatory, that can be an issue for the Department of Labor and the EEOC. (KS Stat § 44-1009)

If you can't escalate it within the company, then the EEO can be the next step. (42 U.S.C. § 2000e-3)

Tomorrow is the appeal hearing. Anything I should say when she brings up the vacation policy and call-offs with no proof?

Liz

You can just, as you noted, ask them to show proof. You could also ask for copies of the policy.

Okay, thank you!

Liz

You're very welcome.

Liz

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