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Old 07-25-2012, 08:55 AM
 
1 posts, read 2,122 times
Reputation: 10

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Umm you need to get a lawyer and file a suit against your former employer for, amongst other things, firing you because you got pregnant. Speak to a lawyer, trust me, you have a great case.
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Old 07-25-2012, 09:16 AM
 
Location: Virginia Beach, VA
5,522 posts, read 10,199,083 times
Reputation: 2572
I thought my company was bad trying to make it look like I was fired for bogus reasons to avoid unemployment. This is actually a new low, trying to make it look like the employee quit in order to avoid unemployment.

I think you have a great case, but I have no clue how to help with the appeals process. What I can say is that some companies are well aware of the appeals backlog, and will intentionally float up some BS, either that you quit or were fired for cause (even if the cause isnt acceptable or made up), to prolong the claims process, even if they know they will lose.

The point of this of course, is that hopefully you are so financially strapped that you are forced to accept some type of job during the course of the process, which gets them off the hook for all or most of the unemployment compensation, and leaves you out in the cold.

Just another feather in the employers hat.

Of course, its nearly impossible to improve intent, and it seems your bosses built up a nice stack off emails at zero hour to cover themselves, so Im not even sure how much a lawyer could do.
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Old 10-19-2012, 10:31 AM
 
10 posts, read 75,729 times
Reputation: 18
OKay so I just ad my Appeal hearin gover the phone this past tuesday (3days ago). So instead of the owner taking part of the hearing my manager did. (making this as short as possible). BUT...

He claims he was only available to discuss certain things because the owner wasnt there., He claims he didnt let me go because he didnt have the power to do so...(yet here u are attending the hearing).

Claims examiner asked where the owner was (since most of the "issues invloved" were with him) and the manager said he was unable to attend. (should this work in my favor???)

The manager also said that i became very aggressive toward the end and thats why i "quit", yet when asked by the examiner if they (himself or the owner) ever bothered to find out why i was being "aggressive" and he said "NO.
what for"
Also when the examiner was asking me questions and i was trying to speak, him (the manager) started saying things such as (you r lying, u voluntarily quit ) and the examiner had to tell him to wait for his turn... He also started laughing when i was speaking and the examiner had to ask that he stop laughing as this was not a joke <<< "and i am the aggressive one"?

I am so nervous...what do you guys think? (i think i might catch a stroke just waiting for the decision
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Old 10-19-2012, 10:53 AM
 
14,500 posts, read 31,079,420 times
Reputation: 2562
When the manager said he could only testify to certain things, it very much suggested he had no first-hand knowledge of what happened. This is about as good as an employer no-show. Things are very much in your favor as long as nothing you said can be construed that you actually quit. I also suspect by bring up the the "you were being agressive" thing suggests that the judge will treat it as a discharge, and the employer would need proof that your agression actually happened. Seriously, a person that's quitting doesn't need to be agressive, they just stop coming to work, or put in a two-week notice.
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Old 10-19-2012, 11:19 AM
 
Location: Southern New Hampshire
10,048 posts, read 18,072,703 times
Reputation: 35846
But OP, if you are pregnant, then how will you be "available for work," as you are required to be for unemployment benefits?
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Old 10-19-2012, 01:33 PM
 
Location: Wisconsin
25,580 posts, read 56,482,264 times
Reputation: 23385
Quote:
Originally Posted by karen_in_nh_2012 View Post
But OP, if you are pregnant, then how will you be "available for work," as you are required to be for unemployment benefits?
Pregnancy is NOT a disability. OP will continue to look for work. The only time she wouldn't be available would be for a short-period of time after giving birth. Some states will pay disability instead of unemployment benefits during this time if you deliver a child while unemployed. Once recovered, the state goes back to paying unemployment, plus a possible dependent benefit for the child.
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Old 10-19-2012, 03:03 PM
 
234 posts, read 686,402 times
Reputation: 42
i am lost because if you can't drive how can you get to work everyday. i did not think you would win an appeal but maybe your ex employer handled it so poorly that the unemployment rep might favor you.
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Old 10-19-2012, 06:11 PM
 
Location: Southern New Hampshire
10,048 posts, read 18,072,703 times
Reputation: 35846
Quote:
Originally Posted by Ariadne22 View Post
Pregnancy is NOT a disability. OP will continue to look for work. The only time she wouldn't be available would be for a short-period of time after giving birth. Some states will pay disability instead of unemployment benefits during this time if you deliver a child while unemployed. Once recovered, the state goes back to paying unemployment, plus a possible dependent benefit for the child.
Thanks for the info, I did not know this. But the OP hasn't said much about looking for work -- only about how badly her former employer treated her (which may very well be true or at least partially true). Call me cynical, but I have a hard time understanding how she will be somehow more able to look for work after having a baby (a baby that she doesn't seem to have any way to support, at least none that she has mentioned)? And she admits to driving on a suspended license (wow, great judgment there). And she seems to be functionally illiterate, at least from her posts here.

I know I am sounding mean, but geez ... take some responsibility for your life, your choices, your finances.
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Old 10-19-2012, 06:16 PM
 
14,500 posts, read 31,079,420 times
Reputation: 2562
If you're just going to bash the unemployed, just say that's why you're here instead of trying to pretend that you're actually helping.

In an unemployment appeal hearing, the issues are restricted to what appears on the hearing notice. Her notice was the reason for separation. Her pregnancy, travel restrictions, and work search will not even be addressed or asked about.
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Old 10-19-2012, 06:32 PM
 
Location: Southern New Hampshire
10,048 posts, read 18,072,703 times
Reputation: 35846
I'm not "bashing the unemployed," I am asking how this particular unemployed person will be "available for work," which I thought was a requirement for receiving unemployment benefits.

I know -- and feel for -- many unemployed people. I know the economy is rough. But don't do things that will make your situation even worse!!
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