Oregon unemployment benifits proving that I didn't quit (lawyer, employment) - (OR) - City-Data Forum

forbin234 · 02-22-2009, 08:23 AM

After complaining to upper management about my boss and they said they would investigate my boss started a vendeda against me to get me to quit or get fired. Even though I continued to report this to upper management the hostile work place continued. I was suffering great mental stress which I believe contributed to a accident on the job and overnight stay in hospital followed by 5 weeks on workers comp. When I returned harrasment continued after one week and I even had someone warn me that he heard him say that he was trying to get me fired. He verbally agreed that I would be on vacation when he got back from his being that my vacation. It was use it or loose it . The day he got back I went into personal and asked for a job trasfer to another department beacuse this was effecting my health and upper management can't solve problem. I said I would take anything available and being that I'm on vacation now I though this would be a good time to do this. I said I diffinatly wanted to let my current possition go and transfer. He agreed to help me do this. Two days later they call me in and gave me my finnal check and told me never come unto property again. I filed for unemployment and got turned down. Co. says I quit job without good cause. I now have a hearing coming up. Can anyone help me out there I don't have money for a lawyer

Minervah · 02-22-2009, 08:42 PM

Oregon is a "right to work" state. Your employer can fire you without cause. At an unemployment hearing, they should send their representative and you can represent yourself. If one side does not show, the other wins by default.
Just give your side of the story simply and concisely. Be honest. It will be up to the adjudicator to decide whether or not you have a case.

Nell Plotts · 02-22-2009, 10:23 PM

Write yourself a letter describing your employment situation in chronological order, that will help you organize your thoughts. Then write yourself two paragraphs that summarize why you were constructively discharged using the information in first document.

Before the hearing stop by the Bureau of Labor and Industries to see if you have a claim under any of their discrimination statutes.

forbin234 · 02-23-2009, 05:44 AM

I have done the the first two things already, I am just over 60 yrs and even though my age was not openly the verbale target I was amazed that they would not follow threw with a trasfer to another department after agreeing to help me. From my reserch that I am doing now I was making a good faith effort to preserve my employment with company.

Mt-7 · 02-23-2009, 05:54 AM

Just move along and be glad you are out of there! All that is at stake for you now is your unemployment. You will get it or you will not. Stop using energy you will need getting a new job by ruminating on the old one. Good Luck!

Cue in Bobby McFerrin song...Don't worry, be happy....

BLAZER PROPHET · 02-23-2009, 06:54 AM

Quote:

Originally Posted by Minervah

Oregon is a "right to work" state. Your employer can fire you without cause. At an unemployment hearing, they should send their representative and you can represent yourself. If one side does not show, the other wins by default.
Just give your side of the story simply and concisely. Be honest. It will be up to the adjudicator to decide whether or not you have a case.

This is good advice. However, even though Oregon is a "right to work" state, they cannot fire you in any retailitory manner. That violates your civil rights.

forbin234 · 02-23-2009, 11:27 AM

I will add that I asked manager several times over the months why are you tring to set me up to be fired and he said nope I'm not doing that. I month before my end one of the dayshift people walk up to me and tell me that he heard manager and day supervisor say that they were tring to get me fired or quit. I was supervisor on swing

Bendite · 02-23-2009, 11:35 AM

You should contact legal aide if you can't afford an attorney. Without one, statistically, it is very unlikely you will win an unemployment case, no matter how strong your case. You may have an age discrimination claim as well. Many law firms will offer a free consultation on a discrimination claim, so look in your local Yellow Pages for an employment law attorney.

forbin234 · 02-23-2009, 02:29 PM

Thanks, I will go to legal aid and see if they will help. I was under the impression that the hearing judge was a fair person. I guess if company has thier lawyer on board and I represent myself I'm screwed. He who represents hiself has a fool for a client. This is the first time in my life that I had to apply for unemployment benifits only to have to fight for it. worst case senirio is I don,t get benifits, I can't apply for food assistance for 60 days and I get to live on the streets.

Minervah · 02-23-2009, 06:06 PM

Quote:

Originally Posted by forbin234

Thanks, I will go to legal aid and see if they will help. I was under the impression that the hearing judge was a fair person. I guess if company has thier lawyer on board and I represent myself I'm screwed. He who represents hiself has a fool for a client. This is the first time in my life that I had to apply for unemployment benifits only to have to fight for it. worst case senirio is I don,t get benifits, I can't apply for food assistance for 60 days and I get to live on the streets.

Well I can certainly understand your feelings. I represented myself and won. I had a good judge who was very fair. The pompous attorneys for the employer did not impress him one bit and he awarded me benefits.

Do what you have to do and good luck. Let us know how it turns out.