What am I to do? I terminated an employee after a year of putting up with her poor customer service and abuse to other employees. I thought that I had properly documented my issues with her and submitted all of it to the AZ DES law judge. The employee presented no evidence in the case and only offered rebuttal. I just received the verdict from the DES judge and found out that I lost. Apparently, I did not prove that the employee was doing anything wrong. This is the second appeal that I have lost. The other appeal was lost even though I presented 3 witnesses to testify as to the ex-employees behavior.

Again, I ask, what am I to do? I got rid of these employees because they were detrimental to my business. I am wondering about the objectivity of a judge that is employed by the state hearing cases that may or may not end up costing the state money. I hate to think that I was not given a fair shake but with the economy the way it is and many states being out of cash, the question does cause me to wonder. Am I supposed to sit idly by and watch certain employees run my business into the ground? AZ is a right to work state.

Anyone out there with a similar story? Advice?

Thanks...

This is a good and very timely topic and an issue that frequently arises in calls to the NFIB Employment Law Hotline. In case you are not aware, the free Employment Law Hotline allows NFIB members to access free legal advice on basic employment law issues, including terminations and subsequent unemployment insurance and hearings. The attorneys at the hotline frequently answer questions regarding unemployment insurance claims. To access the hotline, call (866) 678-NFIB and have your NFIB member ID ready. After leaving a message, an attorney will return your call within the next business day.

In addition, the NFIB Small Business Legal Center is offering a free webinar on December 9, 2009, entitled "How to Win an Unemployment Insurance Hearing." We will show you under what circumstances you should challenge an unemployment claim and how to maintain proper records to greatly increase your chances of winning. To register for the webinar go to the NFIB Small Business Legal Center, Compliance Resource Center, 2009 Compliance Webinar Series or cut and paste the following into your browser: http://www.nfib.com/tabid/825/Default.aspx?cmsid=49373&v=1.

Hello all. I'm a new member and thought I would throw in my 2 cents. Most of my experience is in retail management, which is an industry for known for its high turnover. I'm not sure what kind of records you keep but in my day as a manager, I used to keep very specific records and documents when I was trying to get rid of someone who was detrimental to my business. In fact, set up daily sheet broken up into the hours of the store and constantly track the employee over a 4-6 week period documenting all instances and events down to the time and location within the store. I've worked in California which seems less strict especially in the retail industry. Currently I work in Ontario which is the complete opposite. I advise my clients to keep detailed files (and you can imagine how thick they get!) on all employees to protect yourself down the road. If you can prove cause with exacting detail, no judge should rule for the employee. Another tactic that you can use is to build the scenario so that it comes across as loss prevention issue. ie: This employee's behavior, actions and level of productivity have resulted in shrink for the store. I find once you throw in the phrase loss prevention issue or shrink, proving negligence is easier.