Former employer appeals decision in Ohio

[lscott_palmer]

Hi. I was granted my unemployment on the grounds of unjust discharge. My employer is trying to appeal. I have sent in a letter to protest it stating basically the things I stated the first go round. When the decision was made in my favor. Should I worry?

By the way. I worked at a restaurant. I was given a test by the Kitchen Manager. I was not on company letterhead. It was something he admittedly made up. I had also took a shorter test he made up himself a few months earlier. Everyone else's test for line cooking positions were broke up by grill cook, fry cook etc. Seperate test on company letterhead. Mine was a big hudge pudge including many things I was never trained on. He used the failure as a reason to let me go. Also he told me I should have asked to be trained on things he never exposed me too?
Also the bulk of the kitchen staff and the KM were pals. Drinking and partying together all the time. I never hung out with them. I was also 10-12 years older than them. They are in their 20's I'm 34. Now I never was jerk to them and tried to stay positive. Never missed a day. Oh and the test was given 3-4 weeks past the 90 probationary period.

So unemployment ruled in my favor as unjust discharge. Should I worry about the appeal or just stand my ground? And should I call legal aid about the testing scenario?

[Bricks41]

I work in Ohio as an HR rep.

Typically which ever side wins the initial determination, they will have the "advantage" throughout the appeal process. In order to have the initial determination over turned, they will have to provide additional information relevant to the claim. In most cases, the employer will throw everything they can during the initial response so chances are you will maintain a favorable decision.

When your claim is initally allowed, you will start receiving benefits.