Unemployment Appeal Strategy Hawaii

Summary

To appeal a denied unemployment claim in Hawaii, gather all relevant documents, witness statements, and evidence showing managements failures. Clearly explain how the alleged misconduct was not intentional but a result of managements shortcomings. Work closely with your union for additional support. Ensure your actions do not meet the legal definition of misconduct under Hawaii Statute 383-30(2). Confirm employment for at least five consecutive weeks after discharge or wages equal to five times your weekly benefit amount. Consider consulting a local attorney for personalized advice.

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i have ex managers as contacts that i can ask to testify for me, also in that week I requested a mental health day due to great grief about my means of transportation being stolen. on the island of kauai it is impossible to get a bus or uber or lyft to work, so without transportation i was in jepoardy of dificulty finding my way to work. even though i was denied my mental health day and my motorcycle ended up stolen as a result of it, i still managed to get a ride to work that work and try to follow the rules. i never broken a rule once there, and they simply terminated me after a 7 day no pay suspension which they ended up removing me from my jobs work schedule which my union says was not allowed which shows the decision to terminate me was long before thje policy and there is bias against me, and i have an audio recording of the director of operations threatning my life if i try to go back to work because they simply dont like me.
It sounds like you have a strong case for your appeal. Here are a few steps you can take to strengthen your appeal:
- Gather Evidence: Collect all documents, including emails, texts, and any written communication regarding your mental health day request, suspension, and termination.
- Witness Statements: Obtain written statements from your ex-managers and coworkers who can testify on your behalf.
- Audio Recording: Ensure you have a clear and legal copy of the audio recording of the director of operations’ threat.
- Union Support: Work closely with your union to gather any additional evidence and support for your case.
Have you already submitted an appeal, or are you preparing to do so?
how should i go about it, i have to do it over email
To appeal over email, follow these steps:
*. Subject Line: Clearly state the purpose, e.g., "Unemployment Appeal - [Your Name]"
*. Introduction: Briefly introduce yourself and reference the denial.
*. State Your Case:
- Explain the incident and your side of the story.
- Mention management’s failure to provide support.
*. Present Evidence:
- Attach relevant documents and email communications.
- Include witness statements and audio recording details.
*. Conclusion: Request a reconsideration and thank the recipient for their time.
Would you like a template to guide you in writing the email?
yes
Case Rating: *
Certainly! Here's a template for your email appeal:
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Subject Line: Unemployment Appeal - [Your Name]
Introduction:
Dear [Recipient's Name],
I am writing to formally appeal the denial of my unemployment benefits. I believe my case has been misunderstood and would like to provide additional information for reconsideration.
State Your Case:
On [Date], I was terminated from my position at [Company Name] due to alleged misconduct. I understand the importance of company policies but would like to explain that my actions were a direct result of management’s failure to provide necessary support.
Present Evidence:
- Incident Explanation: I was terminated for allegedly violating a policy regarding my "cash bank." However, the hotel repeatedly failed to provide the necessary change, making it impossible for me to comply with the policy.
- Mental Health Day: I requested a mental health day due to the theft of my transportation, which was denied. Despite this, I managed to find a way to work.
- Suspension and Termination: I was suspended without pay for 7 days and later removed from the work schedule, which my union claims was against protocol.
- Witness Statements: Attached are statements from ex-managers and coworkers who can confirm my claims.
- Audio Recording: I have an audio recording of the director of operations making threats against me, which I can provide if necessary.
Conclusion:
I respectfully request that you reconsider my case in light of this additional information. Thank you for your time and understanding.
Sincerely,
[Your Name]
[Your Contact Information]
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Would you need any more assistance with your appeal?
put it in a strong way and be specific about that hawaiian statue and how the hotel violates it
Case Rating: *
Certainly! Here’s a stronger and more specific version of your appeal email:
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Subject Line: Unemployment Appeal - [Your Name]
Introduction:
Dear [Recipient's Name],
I am writing to formally appeal the denial of my unemployment benefits under Hawaii Statute *-*(*). I believe my termination has been misconstrued as misconduct, and I would like to provide critical information to clarify the situation.
State Your Case:
On [Date], I was terminated from my position at [Company Name] due to alleged misconduct. Specifically, the claim centers on my handling of the "cash bank," which I was forced to remove from the hotel due to repeated failures by management to provide necessary change. This was not an act of intentional wrongdoing but a direct consequence of the hotel's persistent inability to fulfill its obligations.
Present Evidence:
- Incident Explanation: My termination was based on violating a policy regarding my "cash bank." However, the hotel consistently failed to provide the necessary change, making it impossible for me to comply with the policy. This oversight by management created an unavoidable situation that led to the policy violation.
- Mental Health Day: On [Date], I requested a mental health day due to the theft of my only means of transportation. This request was denied, exacerbating my stress and logistical challenges. Despite these hardships, I managed to find alternative transportation to maintain my work responsibilities.
- Suspension and Termination: I was unjustly suspended without pay for 7 days and subsequently removed from the work schedule, which my union asserts was a violation of protocol, indicating a premeditated decision to terminate me.
- Witness Statements: Attached are statements from ex-managers and coworkers who can corroborate my claims regarding the hotel's operational deficiencies and the undue burden placed on employees.
- Audio Recording: I possess an audio recording of the director of operations making explicit threats against me, highlighting the bias and personal animosity contributing to my termination.
Conclusion:
In light of this substantial evidence, it is clear that my actions were not misconduct but rather a consequence of management's systemic failures. I respectfully request that you reconsider my case, as the termination does not align with the provisions of Hawaii Statute *-*(*). Thank you for your time and understanding.
Sincerely,
[Your Name]
[Your Contact Information]
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Would you need any more assistance with your appeal?
yes i need a loophole for this ill send in * parts just wait " Discharge or suspension for misconduct. For any week prior to October *, *, in which the individual has been discharged for misconduct connected with work, and continuing until the individual has, subsequent to the week in which the discharge occurred, been employed for at least five consecutive weeks of employment. For the week in which the individual has been suspended for misconduct connected with work and for not less than one or more than four consecutive weeks of unemployment which immediately follow such week, as determined in each case in
Case Rating: *
Let's focus on your appeal and finding potential loopholes in the statute.
- Check Dates: Ensure your suspension or misconduct falls after October *, *.
- Employment History: Verify if you were employed for at least five consecutive weeks after the discharge.
- Misconduct Definition: Argue that your actions were not "misconduct" due to management's failures.
Do you have your exact suspension and discharge dates?
accordance with the seriousness of the misconduct. For the purposes of this paragraph, "weeks of employment" means all those weeks within each of which the individual has performed services in employment for not less than two days or four hours per week, for one or more employers, whether or not such employers are subject to this chapter. For any week beginning on and after October *, *, in which the individual has been discharged for misconduct connected with work, and until the individual has, subsequent to the week in which the discharge occurred, been paid wages in covered employment equal to not less than five times the individual's weekly benefit amount as determined under section *-*(b"
Case Rating: *
To strengthen your appeal, you should focus on these points:
- Misconduct Definition: Emphasize that your actions were not intentional misconduct but consequences of management's failures.
- Employment Period: Confirm employment for at least five consecutive weeks after discharge or wages equal to five times your weekly benefit amount.
Would you need help drafting another specific part of your appeal?