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Employment Law/unemployment insurance

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QUESTION: Hello, I have a question about obtaining unemployment insurance. So a little background then; my fiance worked for a care giving outfit here in Arizona for 3 years. Last week she was terminated for violating article 9 of DDD code. Her employer did an investigation that lasted about 1 week and came to the conclusion that they will terminate her rather than re-train her on article 9. In her discharge documents it states the reasons for termination, which basically she is charged with throwing water in a clients face, rubbing spit in a clients face and physically placed a client in her bedroom, and throwing a towel over the clients face to keep from getting spat on. She has denied all the allegations from her employer and said she did however put a towel around the clients face in order from being spat on. My fiance claims that she used the towel because the client that was spitting on her has mrsa. The whole thing happened because my fiance was attempting to put gloves on the client (client likes to scratch and infect caregivers). The group home manager taught her employees to do this. We feel as though she was fired because they didn't like my fiance and were unwilling to retrain her on proper procedure. Any help with this would be greatly appreciated. Sincerely, Jared C.

ANSWER: Your fiance has a right to an appeal if her unemployment is turned down. In the appeal process at the hearing she will be able to tell her side of the story and introduce any evidence or witness's. The determination will but up to the appeal panel from the Department of Labor.

Shirley

---------- FOLLOW-UP ----------

QUESTION: Hi Shirley, thank you for your response. I just have one more question. Now, when she goes for her appeal , she wants to bring her excoworkers in as proof that all the employees were trained the same on this particular issue. However, her ex-employer had told her that she is not to contact any ex-coworkers. They didn't go into details about the ramifications if she did. So, being as you know HR knowledge , what kind of set backs could she encounter if she decides to contact them? Thank you, sincerely, Jared C.

Answer
As long as she is not contacting her co workers at work their is nothing the company can do. They can make it hard on the co workers if they are still working there. It would be best to subpoena them into the hearing and that way they have to show up and the company has to let them go.

You have to go to the county clerk and get a subpoena. Than you have to give the subpoena and a copy to the sheriff's office to have it served or pay a process server to serve the subpoena.

Shirley

Employment Law

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Shirley McAllister, CPP, PHR

Expertise

I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience

30 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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