Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
In 2009 I quit my job as a Special Ed Teacher Aide due to many circumstances that were causing me a great deal of distress working at that specific position. My employer would not comply to aide me and my employer also caused me great distress.
I already suffered from anxiety, and due to the postion I started having severe panic attacks as well.
After I quit, I filed for unemployment benefits.
I was granted benefits in Feb 2009 after having to provide much documentation.
It was determined by NYS unemployment that I quit due to good cause.
I also worked part time while collecting benefits and properly claimed the days I worked.
My unemployment benefits ended in Dec. 2010.
In filing for unemployment, while collecting unemployment, and working part time while collecting I followed all rules and regulations and provided all honest and legal documents.
Do to circumstances I also filed a suite with the Human Rights Dept against my employer. However the anxiety was more than I expected, so I did not contine on with the case.
Yesterday, August 24, 2011 (two and a half years later) I received a letter from NYS Dept of Labor stating my employer is contesting my eligibilty for benefits and I will be informed the date for a hearing.
I called NYS unemployment and they stated that a employer can request a hearing, however most likely it will be dismissed due to their late request, and the fact that unployment granted me benefits stating I had good cause to quit over two years ago.
However, in the letter I received today, there was a copy of a hearing request that my former employer did request in March of 2009, but I was never was notified of a hearing request.
In addition there was a copy of the NYS Ins Division offical document dated Feb. 3, 2009, attached that was sent to my employer, stating I quit my job with good cause with in the unemployment ins law. Also that this notice supersedes the one that they sent at a previous date, which has been cancelled.
Can a employer ask for a hearing two and a half years later? Don;t employers have a deadline to request a hearing.
Needless to say, I am in extreme anxiety, very confused as to how my employer can possibly contest now, two years after I filed, was approved, been paid, and not even collecting benefits anymore.
It seems an employer just as the employee would have to appeal a decission by a certain deadline, early in game right?
I don't even have any of the documentation anymore, trying to carry on.
That entire period was stressful, I am still in therapy due to the situation, back then. and my former employer knows I suffer from extreme anxiety, why would they do this?
I can't even think of how stressful a hearing would be, and also what if they somehow win, would I be expected to pay back the benefits that I received?
It sounds like you did everything by the book. I don't think your old employer has a leg to stand on. I know you're stressed about this, anyone would be, but remember that you did everything you needed to do and they (old employer) should have contested this much earlier than 2 yrs later. This is exactly what the NY employment commission will be seeing too.
It doesn't sound like you have anything to worry about. Keep your head up. Everything will work out.
However, in the letter I received today, there was a copy of a hearing request that my former employer did request in March of 2009, but I was never was notified of a hearing request.
Sounds like your employer might using this hearing request - a hearing that never happened - as grounds for this very late appeal, i.e., NYS did not grant/ignored the hearing request?
Can a employer ask for a hearing two and a half years later?
Yes.
Don;t employers have a deadline to request a hearing.
It varies by state, but employers are given a lot of latitude on appeals. Many drag them on indefinitely and get away with it.
It seems an employer just as the employee would have to appeal a decission by a certain deadline, early in game right?
No.Many employers fail to show up for hearings, claimant wins by default, the employer appeals, another hearing is set, etc. Employers can be as irresponsible as they please - if they have the will and energy to keep up the harassment.
I don't even have any of the documentation anymore, trying to carry on.
I learned long ago to NEVER throw my paperwork away. Being able to retrieve important documents decades after the fact has saved me money and much grief. In future, hang on to everything for at least ten years. I keep my paperwork forever and am glad I do.
That entire period was stressful, I am still in therapy due to the situation, back then. and my former employer knows I suffer from extreme anxiety, why would they do this?
Because they have budget problems and are looking under every stone. They are not targeting 'you' - they are just looking to clawback monies wherever they can.
I can't even think of how stressful a hearing would be, and also what if they somehow win, would I be expected to pay back the benefits that I received?
NJ had to pass legislation because claimaints were being asked to repay benefits due to late employer appeals a year or more after they first received them. Now NJ claimants are only required to repay benefits received after the appeal decision is reversed.
I don't NYS think has this limitation. I think, however, your state allows you to cite 'hardship' in the remote event your claim is overturned. If it is any comfort, New York State is more claimant friendly than NJ. This two-year, after-the-fact appeal doesn't reflect well on your employer.
I still don't understand how a person that voluntarily quits their job can qualify for unemployment benefits. If I were the company, I would have challenged you on DAY ONE since the company has to pay for them.
In response to your statement, LetsRock on parting from my job. I requested to be placed in other openings however my employer refused, this is all documented.
I was working in situation competely dangerous for my mental and physical being. This information I felt was not what I needed to explain to this forum. However in compete detail it was written to the unemployment office.
Also, I worked for a different school district immediatley after my departure as a substitute aide on my own doings, since no full time positions were opened at that time. I love working!
As far as my employer contesting me collecting benefits ASAP. It appears they did, since I stated above in the letter I recieved the other day there was a letter enclosed from my employer to unemployment dated March 13, 2009. at which my former employer did request a hearing.
Why that hearing was denied or never came about, I do not know????
But, I was never notified to attend a hearing.
It almost appears that request for a hearing by my former employer two and a half years ago got overlooked somehow by unemployment. But if that true, then why my didn't my former employer follow up on the matter.
Also there was not an updated letter enclosed from my former employer requesting a hearing.
Its all very odd, if you ask me.
You have your right to your opinions, even if they are not supportive of my situation.
In response to your statement, LetsRock on parting from my job. I requested to be placed in other openings however my employer refused, this is all documented.
I was working in situation competely dangerous for my mental and physical being. This information I felt was not what I needed to explain to this forum. However in compete detail it was written to the unemployment office.
In no way am I trying to be confrontational here. I'm just very intrigued by your story. If it's none of my business, please say so and I'll refrain from posting in your thread after this...
I have the same concern as LetsRock. If you voluntarily left a position that you voluntarily applied and was hired for, how were you eligible for ANY unemployment in the first place? Was your illness something that you were aware of before you took the position or did it occur because of work at that position? If you previously knew you suffered from anxiety, why take a high-stress, intensive job such as special ed teacher aide?
Again, not trying to be confrontational but it's hard to believe free money being handed out to people voluntarily leaving their jobs. There must be something more to this story.
I was hired in 2007 to work with troubled teens in the art dept. at a school for troubled teens. For the years previous, I "subbed" with troubled teens, daily, but never at that school.
Our district has several cites, several levels of disabled students, some delinquents, not disabled as well.
Although I have always suffered from mild anxiety, I never experienced panic attacks while working.
However, this position was very stressful and my anxiety escalated and I started to have panic attacks, many while I was working.
I told the supervisor at the school that I was truly not able to continue working at this position, she was very upset, mad, and said. resign then!
I went to the administrators and asked if I could be placed in a different school when an opening came about. This really made my supervisor angry!
However the administrator said if I got a statement from my doctor saying that the stress of this position was causing me distress and when an opening came about that they would honor my request and relocate me.
As I said this school district has SEVERAL cites for disabled and troubled students, so being relocated was not an issue.
I was relocated into a competely different school, with a competely different class, as well as a new supervisor.
I worked one year in this relocation class, with excellent reports.
I loved the position and my anxiety was little to none while working. I enjoyed the students, teacher and co-workders too.
In Sept of 2008, I returned to work after Labor Day and was shocked to be confronted by that previous supervisor, from the last school, stating she was relocated to this school.
I was told by her at that time that I was not going to be in the same class room, however was to report and work as an aide in a class with 5 severely disabled, non verbal teens.
I of course was very upset, but did report to my new class room.
The teacher in this class was also informed just weeks before that she was to report to this "new" class, and she had worked for the district for years with a different level of disabled students so she was not prepared to teach this level of disability either.
I called administrators and asked if I could please go back to the last class, at which they placed a new hire in, or be relocated, but they stated there were no openings, and that the supervisor placed me in this room, due to my experience and how well she already knew I worked with the disabled. Well of course that was not her reason what so ever.
I told this supervisor that my position was approved for the next year already properly through the channels by my supervisor. She said, Quote: "Well I am your supervisor again now, and things are going to be different now."
With in one week, there were injuries to both staff and the students in this room. One other aide was severely bit, my thumb was broken by a student and the boys harmed each to other.
I had little to no experience working with this type of disabled students. They needed to be restrained as well, I had no training.
I liked the teacher though, she said, were in this together, we can learn to help these boys, learn how to aide them, teach them and so on. So, I thought I would give it a try.
However the second week this teacher was thrown down on the floor by one student, the injury so severe to her back, she could not return to work.
I was told by my supervisor that I had to write a statement how the teacher was injured. It came about as huge law case, since one other aide stated it happend differently. What a mess!
The shcool then placed both the other aide and I on administrators leave, so they could determine the teachers case. I was told I could not talk, call or have any contact with the teacher during this time, it was terrilbe.
When I returned I asked in writting to be relocated, I was denied!
The union stepped in, but my employer just said, they would relocate me but there was not place to move me too, always finding loop holes as well.
Subs that filled in had NO idea how to teach, or calm down these students either, different subs each day.
Even worse this supervisor worked in the other school for troubled teens for 15 years, never working with the disalbed, she had NO idea what so ever what these boys truly needed. She was grabbing at straws telling us even to spray them in the face when they became violent...OH MY GOSH!
Then I became VERY upset and my anxiety was through the roof.
However, I was MORE upset now slowly having a relationship with these 5 boys, knowing nobody was properly looking over them, knowing how to teach them and what the distress all this was causing for them, and NOBODY CARED!! Nobody!
So, now I knew to much, even though to little about teaching these boys, so both my super, and the administrators just wanted to be as hard on me as possible wanting me to quit. It was like a horrid bad dream!
I placed in writting to be relocated, AGAIN, it was denied. My doctor wrote a note saying the anxiety of this position was to much.
The supervisor then started "looking" for reasons to upset me always looking to make me look bad, and so on. She kept writting me up for the most unreal things, such as going as far as " I rolled my eyes at her."
The union had to keep coming to interrogations with me, meeting with this super, and the school lawyer, they even said this is nonsense at one point, but if my super made up things, the lawyer would then have to call an interrogation. I was coming to the end of my rope. The union also said, that my employer could drag this on and on.
At any rate the last straw was this, the super called me in her office and said, "think hard of what you said on Dec......and you better explain it well." Of course I had no clue what on earth she was saying, as she was a sneeky sick person often playing these mind games with me.
I just got up at that point...walked out, then sent a letter and resigned.
I applied for unemployment, they asked for documentation, I was granted "good cause" and that was the LAST I heard from unemployment or the school district. I put it all behind me, ridded the the paperwork, and moved on.
I went to a different district, applied as a sub, and have worked there contently since.
I was so upset by the ordeal, I saw a professional and still suffer from anxiety, but not panic attacks. So, hoping that is not in store for me...since today I now recieved a letter stating in ONE week from MONDAY, I have to go to court for a hearing before a judge. The hearing that was requested back in 2009 am assuming.
So, its been almost 5 years now I have been dealing with this district, when I am a excellent aide, caring aide, follow all the rules person!!!!!!!!!!!!!!!!!!!!!
I am sick over this, I have no idea how to retrieve all those documents in one week, get a lawyer in one week. Ironic it was just after labor day two years ago, that I was under distress by this employer. Or now was it three years. Oh my, lets see, it has been so long I can't remember two, three. I know it was 2008, so ok it was two year labor day... sorry.
Also, just the thought of meeting with that lawyer again, after all those interrogations over and over...I would go home sick...truly sick.
Still, I do not understand just how this hearing is coming about after two and a half years, why my employer did not look into what the hold up was, since no new letter request was sent to me, just that old one form 2009.
Yikes, my spell check is on the blink, with all my errors it seems teaching is the last thing I should be doing...(chuckle) please excuse my errors..thanks.
As I said, to the other member, you are welcome to your opinions.
I am not stating my employer should not of requested a hearing and if they would of won a hearing, so be it.
I understand that unemployment can often be granted with out good cause, many folks might receive it by fraud, however I followed rules, rugulations and reported only the truth in my matter to unemployment. It was unemployment that found my case with good cause. If anything you should be upset with them, not me!
Why is this hearing taking place now, it is a first hearing to see if I should receive payments or not...as stated in the letter I received today. It just makes no sense, you are focused on the fact you don't think I should of recieved it at all, however that is not the reason for my post in honestly, no offense.
Well, if it makes you both feel any better, I will have to pay a lawyers fee, which will for sure be costly, if I can find one in a week time, I am sick over the matter, my husband lost his job and is now working miles from our home with little pay just to make ends meet, and it has health ins, as I am working too as a teachers aide in a new district. We are not spring chickens either, I am 54, he will be 60.
But, life goes on, and I still have many blessings in my life, and happy that we both have jobs!!
Corrections to inpart of my statement from last post:
" Ironic it was just after labor day two years ago, that I was under distress by this employer. Or now was it three years. Oh my, lets see, it has been so long I can't remember two, three. I know it was 2008, so ok it was two years labor day... sorry."
It was 3 years, since it was Sept Labor Day 2008. I can't even do the math I am so upset.
In other matters:
Where can I find in the employee's NYS handbook or written that at any point in time after being granted, in my case two and half years later, then receiving unemployment benefits a person could possibly be lieable to repay, due to no fraud on their part? Also to declare this at a very late in time hearing, not an appeal?
The letter I received yestereday clearly states that this is a hearing to decide if I should or should not receive benefits, not an appeal. I never had a hearing nor was I notified there was a request!
I just don' get how uneployment could grant me unemployement, under their law as good cause after close review of my case over two years ago, then with NO new evidance brought forth, call for a hearing, and have a judge possibly decide in my employers favor overturning their (NYS unemployments) choice.
I could see if one party found fraud or an unlawful act involved on my part since they granted me benefits in 2009, but this of course is not the case.
If judge decides in my employers favor, can I appeal?
Also should I have legally been notified in 2009 by NYS unemployment that a hearing request was made by my employer, and might take place in years to come?
If I was informed properly, or if I saw this clearly in writting on NYS cite or manual, that "ordeals" as such happen.
Or should I say I am might not be notified of a hearing request, that could in the future place me at risk to have to pay back momies first granted to me, I at least would of had a choice clearly to collect benefits at risk, or not.
It appears NYS unemployment might be the culprit in overlooking or just not getting to this hearing in a properly or legal time.
However it seems my employer would of called unemployment or wrote to them too, when they noted no hearing was ever set back in 2009, when they requested one.
The letter of request was actually written by a "PeoplesSystems" who state they are now my employers POA.
If NYS unemployment is two and a half years backed up on their hearings, or misplace hearings it seems other NYS claiments other than myself would be going through this same hardship and it would be a noted issue.
Only supportive input or info is appreciated, thanks for your consideration in this request.
I still think you did everything by the book. It's very odd that NY is coming back after so long when they saw all your information and approved your unemployment over 2 yrs ago. You went to them with your case, and they saw the evidence and approved you.
Oh well, this is all water under the bridge and what you have to do now is find as much documention (Dr's notes), and get your facts in order again. Try to find a lawyer with lots of experience in these types of situations. You may even be able to have your fees paid by the other party since all of this has been way over a reasonable time frame. It sounds like you were perfectly willing to go to any hearings if you had been informed about them.
It also sound like you had a good case against your supervisor. How frightening that a person like that is in charge of our disabled children. How terribly sad!
I really hope that everything works out for you, and I think it will. You know in your heart that you followed the rules. Remember that. Good luck to you!
Peoplesystems = a collection agency for employers(my words):
Quote:
The PeopleSystems Unemployment Cost Control Service.
Operating at peak proficiency, PeopleSystems’ Unemployment Cost Control service has been custom-designed with the clients’ needs in mind. Our goals are to protect your company against unwarranted charges and to achieve the lowest tax rate possible,
Quote:
PeopleSystems has partnered with First Nonprofit Companies, an industry leader in providing effective unemployment cost control solutions to the non-profit sector. FNP members include a wide range of 501(c)3 organizations: social service, healthcare, schools, youth services, mental health and many more. Whether your agency has a staff of 10 or a staff of 500, FNP has a solution designed for you. If you are paying the state unemployment tax, together with First Nonprofit, we could save you up to 60% of your annual expenses. If your agency is already self-insured, we can reduce your risk and give you fixed annual costs to stabilize your cash
You aren't going to be dealing with anyone you met previously. They will lie. They also may persistently harass you with continued appeals. Your attorney may be familiar with them.
Yes, if by some chance you lose, you can appeal. Hopefully NYS will throw their case out immediately. They are paid on what they collect (save) the employer. NY school systems must be desperate to engage people like this. Disgusting.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
