Unemployment Appeal (loan, lawyers, tenants)

[aveojohn]

Originally Posted by leeleses

"It sounds that you were found in violation of a work rule. In order to be found ineligable for unemployment benefits, your employer must prove to a state examiner that you were the cause of an unsafe work place. Once that is proven, the burden of proof shifts you to explain your actions. If you cannot prove you had good reason for your actions, you will be denied unemployment compensation."

Could you tell me more about what that means, violation of a work rule? I was a supervisor. I was present in a hallway that is on CCTV camera when another worker hung up a security guard uniform that we saw in a trash can in the hallway. Another supervisor was there too. This hospital I worked out is laying off more than 200 people, and it seems they are doing this because I was making 55k and they want to get rid of me without having to pay me unemployment. I had not had any write ups since 2002 before this. In March they called me in and suspended me for three days, and then when this uniform being hung up thing happened, they demoted the other supervisor who was there, wrote up the kid who hung the uniform up for like the 6th time or so (his mother is a powerful nurse manager there) and told me I had another write up within the last 90 days so I'm fired. They're saying that was a violation of a work rule me not telling him to take down the uniform. The other write up from March was under appeal by me, and they were putting off meeting with me for 6 weeks. The other supervisor who was with me when the uniform was hung up was acting director of the department was going to throw out the March write up if we could get the meeting. When the boy hung the uniform up, I called the one boss on the cordless phone and told him we had something funny we wanted to show him. He said he didn't want to hear about whatever it was that he needed me over in human resourses (about a quarter mile away) for a meeting. A half hour after the meeting he called me wanting to know who hung the uniform up. I said the boy did, no reason to lie, it's on camera. Then a half hour after that they called me into a big meeting with two bosses and the boy and someone from HR. I said if we we going to intentially do something wrong, why would we do it on camera, and why would I call you and say we wanted to show you something funny. They said, not funny, and called us in three days later and did the demotion, write up, and my termination.

Any questions? Can they win this at a hearing? We are supposed to have a five step disciplinary processs, verbal, verbal written, written, suspension, termination? Can they fire me in two steps against their policy for one write up that was under appeal and another trivial incident that should not even be an incident. Again, they are doing this to cut the budget and not pay me unemployment. I have performance appraisals, bonuses, all sorts of awards and letters saying I am fantastic. Can they throw all that away for one practical joke that I did not even actually do myself? An hour after I was fired my one boss made statements in front of a policeman how unfairly I was treated and said to give him a few days he was going to try to get me my job back. How much proof do I need to prove it was un unfair and unethical action to fire me and keep the other two people involved? Also, how much does it cost to subpeona people? You can definately do that? I'm going to ask whatever lawyer I decide to go with to subpeona multiple people at work who are all on my side, and the cop too. Can I do that and what will all that subpeonaing cost?

A couple of you seem to really know about this stuff. What do you think?

It looks like they were out to get you. While waiting for unemployment, I would talk to EEOC to see if you have a case for discrimination or whatever.Did you apply yet? If you get denied you can apeal and have a hearing. I'm not sure how the subpoena thing works for unemployment, but I know you can take witnesses with you to support your claim.I don't think you will have any problem collecting, If your employer was wrong, they probably won't even show up and you will win by default, but they won't tell you this at the hearing they will give you a decision through the mail.Good Luck!

[aveojohn]

Originally Posted by Hopes

You really don't want to get into sharing any details of being fired.

Simply say that you were laid off.

In this economy, few people will question it---especially since you have good references.

Even if you get a job, continue to fight the unemployment appeal.

Winning the appeal will legally protect you from your employer in the future. Plus, you'll be paid for back weeks of unemployment.

You cant lie, they get a report from the employer regarding the reason for termination.

[leeleses]

I would talk to EEOC to see if you have a case for discrimination or whatever.

Did that. Two seperate visits downtown to EEOC, they say I don't have a case.

Did you apply yet?

Immediately.

I don't think you will have any problem collecting, If your employer was wrong, they probably won't even show up and you will win by default,

This hospital is evil. They fight every claim they can to the point that the state is getting angry at them. I don't know if that is going to help me, or not.

aveojohn: What do you mean? Who get's a report? My understanding is, in theory only, your ex employer is only allowed to confirm you worked there and the dates, no bad references. In reality, it's a lot like your medical history. I've seen many cases working there where staff looked at the confidential medical history of patient's they knew, and then talked about it even though they have no right to do that. This happened a lot when the patient was an employee of the hospital, or a cop, paramedic, etc..

[aveojohn]

Originally Posted by leeleses

I would talk to EEOC to see if you have a case for discrimination or whatever.

Did that. Two seperate visits downtown to EEOC, they say I don't have a case.

Did you apply yet?

Immediately.

I don't think you will have any problem collecting, If your employer was wrong, they probably won't even show up and you will win by default,

This hospital is evil. They fight every claim they can to the point that the state is getting angry at them. I don't know if that is going to help me, or not.

aveojohn: What do you mean? Who get's a report? My understanding is, in theory only, your ex employer is only allowed to confirm you worked there and the dates, no bad references. In reality, it's a lot like your medical history. I've seen many cases working there where staff looked at the confidential medical history of patient's they knew, and then talked about it even though they have no right to do that. This happened a lot when the patient was an employee of the hospital, or a cop, paramedic, etc..

The unemployment office will get a report/reason as to why your employment was terminated. They make a determination based on this. Thats why you can appeal to prove them wrong. As for your employer giving info to other employers, They generally only give basic info, how long you worked there etc, but who knows what is said behind closed doors. Looking at some ones medical info is illegal and one could be fired if not prosecuted for it.

[LONELAMB]

I lost my job to a ridiculous reason. I now learned that misconduct does not include a mistake made in good faith. I lost my unemployment benefits due to the hearing which I now plan to appeal. What happens if I should be so lucky and win this time around? The company who fired me objected to the initial decision and appealed that decision, which was why I had the hearing. Now what can I expect after I issue my appeal and be granted my benefits again? Will the company again file an appeal to that decision? Will it then end up in a Supreme Court? HELP!

[aveojohn]

The appeal decision by the hearing officer is final. If you win the appeal you will be granted your benefits.

[LONELAMB]

From what I have been reading, I have concluded you are right. Now to get my name off of the "Do Not Hire" list. I have no money, but plan to get a lawyer with the little bit i do have, which I should have done from the start. I will probably be on welfare now, why seek work when I constantly get rejections now? Even from a company I worked for last year and did a great job for them too. I hope an attorney will come through for me. *sniff*

[leeleses]

Aveo:

I know it's illegal to release someone's medical information. Shockingly, believe me, they are still doing it with frightening regularity. What goes on behind closed doors is NOT good .

Lamb: Curious. What kind of work did you do, and what did they say you did? I have a friend who got caught up in criminal charges for doing dumb pranks with a friend of his like sending pizzas to people. He ended up with like 40 counts of harrassment and stalking. He plead out to one or two of the harrassments, but of course since then it's been VERY tough for him and the friend he did it with to get work.

My point is, that was criminal charges. If they just fired you for normal BS like lateness or poor work performance, there should be someone out there who will give you another chance. Of course, these are not normal times...

Lee

PS - Pretty scary stuff, isn't it?

[LONELAMB]

I was working for a major drugstore chain and got accused of stealing. They have no real evidence and even lied in their statements. The judge found me guilty because I didn't put the blame on the real culprit, claiming I was being dishonest to the company for that reason. That's the thanks I got for trying to save a near retirement eligible Asst. Mgr. for a simple error that he made with a $5.00 coupon. It was a case of poor judgment on my part which makes my case not exactly considered "Misconduct" And because I didn't hire a lawyer, I am in a real dilemma in getting my Letter of Appeal drawn up so that I can get my unemployment benefits reinstated. Any suggestions please reply at bagpipeluver at the yahoo email thing. Thanks

[mr.davon24]

Originally Posted by aveojohn

The unemployment office will get a report/reason as to why your employment was terminated. They make a determination based on this. Thats why you can appeal to prove them wrong. As for your employer giving info to other employers, They generally only give basic info, how long you worked there etc, but who knows what is said behind closed doors. Looking at some ones medical info is illegal and one could be fired if not prosecuted for it.

@ you're correct this is a complete HIPPA violation.. Also if you can prove that your pass employer ( manager ) dished out why you have been fired then you have a law suit. From what I understand if a potential employer wants to get that info they would have to go through HR.