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Old 04-09-2010, 03:44 PM
 
6 posts, read 34,993 times
Reputation: 13

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I work as a garbage picker.
I'm 18 years old, ny kid, high school drop...I guess facing the hard life now

I reported my company (waste management) to HQ, a driver almost ran me over...and he was not even suspended. So after they found that out, they suspended the manager and all supervisors directly above me.

Since then, EVERY little thing I did was monitered...I was suspended days later for moving a quarter block from the drop off location...even though there were frighteing people next to me and my friend that made us scared, and that he was the one that told me to moved with him and confessed to it...I was suspended and he was not even given a written warning.

A month later after I did my route REALLY REALLY (8 hours) early I went inside the van, where the safety supervisor is. The vihecle was parked and turned off.... half an hour pass and I just lay back and listen to music...next thing I remember is the supervisor telling me, why were u not wearing ur seatbelt and we apparently moved 40 feet, so I ended up being fired for not wearing my seatbelt.

When I appeal I go there confident and thinking, the rule was not enforced, days later we had 4 guys extra on top of eachother with no seatbelt and nothing happend...also with the fact that they encourage us to rest when we are done...and finally that the safety supervisor must make sure we have our seat belt before he moved the van.

In the appeal they get a lawyer, and they ask me specific questions that made me look like the bad guy...and then they denied everything I said..and since everyone in my company is a coward that would not back me up. I did not have any grounds to proof my claim.

I did not commit willful misconduct, if completely aware I would have place my seatbelt before leaving.

so I lost my appeal... hired a lawyer and he filed for a new one

now I'm following for another appeal, I'm happy this time because 4 former employess who no longer work there will sustian my claims this time, of being targeted in retaliation, even an ex supervisor will come and say he will mor ethan likely speak againts them.


But I was told yesterday by a friend, that you cant bring new evidence and almost never a second appeal is won.

Is that true? I had no evidence besides my word when I went to the first appeal. The lawyer said is an uphill battle but it can be won.

While my friend told me the lawyer just wants to cash me

what do you guys think.

Please answer truthfully, I have 4 months of unemployment accumulated which is 12 dollars, 2 kids and no job until this day.'


thank you, have a good weekend and god bless
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Old 04-09-2010, 04:38 PM
 
Location: Texas
475 posts, read 1,644,243 times
Reputation: 251
I don't think your going to win this one. I would move on and consider this event as a "Lesson in Life"
But if you have a pro bono attorney you have nothing to lose. If you win, what do you get?
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Old 04-09-2010, 06:07 PM
 
6 posts, read 34,993 times
Reputation: 13
Quote:
Originally Posted by dick1973 View Post
I don't think your going to win this one. I would move on and consider this event as a "Lesson in Life"
But if you have a pro bono attorney you have nothing to lose. If you win, what do you get?
Can you please tell me why do you think I would not win? Please?

I don't get it, how can I not be granted unemployment benefits for violating a company policy unwillingly and unknowingly?

bro I got 12k dollars of unemployment benefits riding on this appeal, so thats why I care so much about this.

Last edited by Migueljs; 04-09-2010 at 06:20 PM..
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Old 04-09-2010, 06:25 PM
 
348 posts, read 707,103 times
Reputation: 78
You have a chance. Its in a curt of law that new evidence can not be brought into a appeal. I Won an appeal and know others who have won their #2. Your lawyer should be doing this for 33% if not I know ones who will.
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