Lost Appeal (real estate, insurance, employment)

[AnnMaureen]

I need help. I had been employed as a receptionist at a real estate company for 2 years and i obtained my real estate license. I was unable to pay the high costs associated with my license, over $1000. My employer told me I had to pay the $1000 or they would "demote" me to 3 days of work a week as the receptionist. His wording was "pay or we're done here." So I told him that was not fair and i guess we are done. Handed in my key and left. I was able to receive unemployment benefits and of course they appealed. 2 months go by and i find out today that i have lost the appeal, to which i plan to appeal that decision. Anyone ever worked 2 different job titles for the same company and had one adversely affect the other?

[Rabrrita]

Doesn't matter at this stage what occurred. The initial determination is the easiest to get overturned on appeal so long as the claimant is smart enough to deny their former employer a chance to make a valid case according to state law. This requires knowing the actual regulations, processes and administrative law that governs the appeal hearing. The success rate for a knowledgeable and intelligent claimant is very good.

However, if you are still denied after an appeals hearing, the next step is more of a review of the hearing to determine if the hearing officer/judge applied valid legal principals in rendering their decision. No new evidence can be submitted and no new arguments can be made. You identify what at the hearing was done incorrectly to require a new hearing, a reversal of the determination or a remand back with new instructions. You are not arguing why you should get unemployment, you're arguing the hearing or the judge didn't follow or adhere to the regulations.

The success rate for overturning a denial after an appeals hearing is very small. Your best bet and easiest chances was to win at the appeal's hearing; I'm afraid that unless you had a really bad ALJ, your chances are very small now. If you go to the unemployment sub-forum here on CD, you'll see the massive success rate for people who win on appeal if they sought advice from the beginning and followed that advice. But the success rate for those who came seeking help after an appeal hearing denial is almost nill and most success stories hinged on a technical legal issue, not the facts of the original termination. Wish I had better news.

[marino760]

In order to be a realtor you have to have a license. Having a license is not negotiable even if you can't afford the fees, it's a state law. It's the same thing with driving a car. You need a license to do it legally.
Did your employer say they would pay your license fees once you passed your real estate exam? Your employer can not hire you as a realtor as long as you don't have a license regardless of the reason.

[Mr. In-Between]

"Pay or we're done here"? Wow. Doesn't sound like a very supportive employer at all. I would never talk that way to an employee I valued, or for that matter, any employee I wasn't close to firing anyway. If he wasn't willing to at least try to work with you and help you out, he probably didn't think you were important enough to make an effort. Reading between the lines, I would hazard a guess that you didn't have much of a future there anyway.

Having said that, though, you're asking this question in the wrong forum. This forum is dedicated primarily to matters of regional or local interest specific to the state of Kentucky. For a general employment question, you'd get much better (and much more) advice in the"Unemployment" sub-forum of the "Work and Employment"
forum. There are a lot of very savvy and experienced people hanging out there for for the sole reason that they enjoy answering questions like this. If I were you, I would give that a shot.

And good luck to you!

[Crazee Cat Lady]

The only thing certain in life is death and taxes...and fees like this. You usually know the cost before you get your license, so you save up for it,
it may not seem fair but it is what it is. A thousand dollars may seem like a lot, but I have a couple of family members who are Realtors and you
can make a really great income in that profession, later a thousand dollars will seem like a bargain to you....save up the money for the license/fees...then you can work for whomever you want to work for, or even be your own boss.


The cost of getting started in any career can be overwhelming, but it is usually worth it.
A real estate agent or Realtor makes a whole lot more money than what you would as a receptionist.
Did you employer imply that he would pay for these fees?

[Parnassia]

Curious OP, but when you were originally hired was it a condition of your employment that you would train for and obtain your license? I agree, his attitude sucks, but maybe that's why he's refusing to help you out.

[AnnMaureen]

No, I obtained my license on my own 1.5 years into my employment there as the secretary.

[Parnassia]

Originally Posted by AnnMaureen

No, I obtained my license on my own 1.5 years into my employment there as the secretary.

Then what's the $1000 for, to keep your license in good standing? Who is charging it, your employer? Are they saying you can't do your receptionist job without holding a current license? All I'm trying to figure out why the money is owed, to who, and why not being able to pay it would make or break this job.

[AnnMaureen]

Originally Posted by Parnassia

Then what's the $1000 for, to keep your license in good standing? Who is charging it, your employer? Are they saying you can't do your receptionist job without holding a current license? All I'm trying to figure out why the money is owed, to who, and why not being able to pay it would make or break this job.

It was an MLS fee, my license was up to date with the state and with insurance. They punished me as the receptionist for not being able to afford the MLS fee. It was a fee that needed to be paid to be able to use the MLS, which is not a requirement of the state, just of the office to be able to be affiliated with that MLS. I had 2 positions, first the receptionist and then i obtained my license, which was not a requirement of being the receptionist. Just something i did on my own to help make more money. But my husband was a ft college student, so not working, which meant i had the only income for the home. I used the money made from the commissions earned to pay bills.

[Rabrrita]

Again, at this point the issue is the ALJ found that you quit your employment with no justifiable reason attributable to the employer. That's the issue you need to address. So why or how did a "Quit" become the issue and not a "Firing" if the circumstances was as you described? Remember at the Board Appeal stage, it's you and the appeal hearing's record.