re: Getting Fired for Facebook Posts

Exactly. If you are fired, you are not eligible for unemployment. What you can do is file anyway and receive the official letter stating that you are not eligible because of being fired for whatever work related explanation your former employer gave as cause for termination.

The only person who should take this first step is someone who feels almost 100% certain that they were fired because of anything other than job performance. Examples would be if you were fired due to politics or if someone had a personal vendetta against you yet gave the reason for firing as being performance related. But you need to be able to prove that you were performing enough to meet or exceed expectations.

After the initial filing(step 1) is responded to with the official denial letter, the terminated former employee is allowed to file an appeal. This appeal is heard , in person, by an appeals officer. Both parties have the opportunity to state their case and can bring any witnesses but no written testimony is permitted. If the appeals officer Denys the claim again, the terminated employee can appeal the appeal by writing a letter and explanation of why they disagree with the hearing officers decision. This letter/argument is reviewed by a Board of Review. In Georgia, that is a 3 person panel appointed by the Govornor. Only evidence and documentation already on file is considered. New evidence is not considered. When it gets to that level, the Board will decide whether or not the hearing officer ruled correctly. Hearing officers decisions are often over turned due mainly to incompetence in understanding that ALL of the burden if proof lies on the employer. They must prove faulty job performance with paperwork, reports and/or witness testimony. The hearing officer in my case several years ago just took the oral testimony of my former boss as truth even though he had zero evidence. I, however, had all of my monthly reports documenting individual performance/goal ratios going back two years. Also had my last two reviews where I had graded higher than anyone in my department. I received the post hearing ruling in the mail and was baffled that she sided with the employer based on oral testimony only. The burden of proof was on him and he brought nothing except his lying arse to the hearing. I brought a folder of documents showing his claims to be false. I just chalked it up to her being an incompetent idiot. She was a mid 20s(if that old) black gal with inch long nails and your typical jobs program govt. employee.

BOR over turned her ridiculous ruling with a quickness and in doing so basically called her a moron with the language they used to admonish her ruling.