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Old 02-10-2014, 04:23 PM
 
3 posts, read 3,286 times
Reputation: 10

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I was employed as a sales manager for a lease to own company, after a few months working there my General manager starting saying things to me that were unprofessional (ex: if I get pregnant I could not work for the company, she didnt like working with woman,etc) I called the hotline and was contacted by Human resources, I explained all that was taking place, he said he would open an investigation. To make a long story short, after I made that call everything got ten times worst, extreme survaillance took place, my GM was micromanaging everything I did, I was being left out of sales meetings even though I was the sales manager, this to name just a few. It got so bad my health started to suffer, I sent the human resource rep 3 emails asking him to come back to the store and stop the retaliation against me, to which he replied the case was closed, the last day of my unemployment there my hand almost was pinched by the credenza drawer because the accounts manager closed it on me. I decided I could not go back anymore. My nerves were a mess, I had lost so much weight and was now on nerve pills, I felt nobody was going to help, so I walked in and turned in my key.
I filed for unemployment benefits, and after the initial hearing with the examiner and the GM I was found eligible for benefits because I exhausted all avenues to try and resolve the situation and my working situation was hostile. Six months after this determination my former employer appealed, yet they were not able to participate on the phone hearing, so it was dismissed. Now, a year and six months later, they appeal again, this time they make the phone hearing, and the appeals examiner favors them and now I have to pay back all the money I collected for over a year.
Can that really happen? Employer appeal an unemployment claim after a year and a half? I appealed the decision right away, and now I learn that too has been dismissed because I did not file on time, I have the proff of delivery of my appeal and it shows I filed in time for sure. So they are now telling me that that they had sent me a letter with the decision and I did not file for that one in time, yet, I never received the one they are talking about. Is there anything I can do? Its obvious my former employers hand and Still reaching out to me to continue there retaliation, and it seems that Unemployment took advantage of that and is holding on to it in order to make me pay this money back no matter what. Seems as though they do not want to hear anything, they just want that money.
Any advice will be greatly appreciated.
MG
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Old 02-10-2014, 04:46 PM
 
Location: New Jersey
551 posts, read 1,188,447 times
Reputation: 536
Consult with a labor attorney. Your case if true could actually net you some big $
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Old 02-11-2014, 08:17 AM
 
Location: Fair Lawn, NJ
271 posts, read 566,966 times
Reputation: 320
Sux to hear what you have gone/are still going through. Sorry if I missed it but did you get officially laid off from the company or did you leave b/c you couldn't take it anymore?
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Old 02-11-2014, 08:37 AM
 
Location: NJ
23,558 posts, read 17,232,713 times
Reputation: 17599
Personel law lawyer!

First, you cannot trust human resources to keep anything you say confidential.

A hint of sexual harassment automatically assigns guilt until it is proven otherwise.

Smaller companies and even bigger ones are surprisingly ignorant of the laws despite all the off site conferences the HR people attend. Smaller companies reaction is often driven by the ego of the guy in charge who is usually blindingly uninformed. Intimidation is the name of the game. When you stand up they wilt.

So many small companies run by their founders live in the 19th century.

Some excellent personel law lawyers in the Oranges.
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Old 02-11-2014, 12:22 PM
 
527 posts, read 1,408,859 times
Reputation: 692
Talk to a lawyer, ASAP
You do not want to miss any more deadlines
It could be the reason they waited for 18 months was to burn up time to a deadline, so you did not have time to think.

Throw around words like "hostile work envirnoment"
Sex descrimination
descimination against medical condition

You mention "unprofesstional" to threaten you about getting pregnant or not liking to work with women
It's not unprofessional, it's illegal !

Do not bother talking to HR anymore, you talk to them, they tell management
HR works for managment, they are not your friend nor advocate

If I read this right you quit, that was bad, but if your lawyer can prove they intentionally made your work hostile so you would quit, you have not only a unemployement suit, but also a harassment suit.

Frequently, companies pay former employees money to go away and settle.

A letter from your lawyer, to the company wanting copies of all company emails and communications about you, will ring loud bells with HR and the executive washrooms.
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Old 02-11-2014, 01:26 PM
 
3 posts, read 3,286 times
Reputation: 10
Thank you so much for all the advise, I will be sure to let my lawyer know to request all emails. I do beleive it is truth that they waited all this time to to kill time, thank you.
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Old 02-11-2014, 01:29 PM
 
3 posts, read 3,286 times
Reputation: 10
Thank you
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