I need to know how to avoid losing my weekly unemployment payments
because of an appeal by my former employer.  The hearing will be by
telephone conference involving my former employer, the GA Dept of
Labor official and myself on Tuesday, March 21st at 10:15 AM.

BACKGROUND - In November 2005 I was forced to resign a position I held
for 6 years at a pediatric hospital in Atlanta, GA.  I was offered a
choice between "Termination" by employer vs. "Resignation in Lieu of
Termination".  I chose "Resignation" because it was described by our
HR staff person that potential employers are sometimes more prone to
ask details when you were "Terminated" vs. "Resigned".

The reason I was given the choice of "Termination" vs. "Resignation"
was because the hospital now requires my position to hold a clinical
social work license.  I attempted to pass a state social worker
license exam and failed by 2 points.  Several weeks later, I was
informed in writing by my department manager that if I didn't pass the
2nd exam, my employment would be terminated.  I attempted to pass a
state license exam a 2nd time and again failed.  At this point I was
given a verbal choice of "Termination" or "Resignation".  As I said
earlier, I chose Resignation.

Prior to the change in licensing requirements by the hospital, my
performance reviews were commendable.  I always received merit
increases.  At the time when I was informed by my manager that my
position was jeopradized, I was assured that it was because of my
failure to pass the license exam.

I applied for unemployment benefits after 7 weeks of not being able to
find a job.  My claim was investigated by a Unemployment Benefits
(UEB) official and findings were in my favor.  I have now received UEB
for 8 weeks.  On Thursday, March 16th I received the NOTICE OF HEARING
for Tuesday, March 21st citing the appeal by my former employer to
rescind my UEB award.

What can I do or say during the telephone conference to avoid my UEB
from being suspended?

I worked for many years in an office where unemployment benefits were
administered, and I participated (in a clerical capacity) in several
appeals hearings. My experience was in Oklahoma, but I believe most
states are the same in this regard: typically, a forced resignation is
considered to be equivalent to a firing or discharge. Since your
former employer is protesting (which some employers do with
practically all unemployment claims), the reasons for your separation
from employment will be discussed in detail at the hearing. If you
have anything in writing, or any witnesses who can verify that your
resignation was not truly voluntary, this will be helpful in
bolstering your case.

The best advice I can give to you is to tell the truth as you see it,
and do not let your former employer intimidate you. The officials who
oversee these hearings are usually very fair-minded, conscientious
people with many years of experience. They want to get at the truth
and enforce the law, and they aren't eager to deny your benefits.

Pink could not have said it better. I'd like to add to her comment.

The proof is actually right in front of you. You can prove you took
the test twice with receipts. The person that replaced you is
licensed. The employer had the chance to transfer you in a lateral
move but instead chose to terminate you. You did nothing wrong, simply
tell the truth, and remember to have your exam receipts ready to fax.
Your employer will not lie about the credentials of your replacement. 
Since the hospital now requires your position to hold a clinical
social work license, and did not have that requirement before, this
sounds like a reorganizational lay-off to me, but I'm not an expert.

Let us know how it comes out.