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I am a 76 year old man that was working as a security guard for a company at a retirement facility. One day (on a Friday in mid April) out of nowhere I am told that there would be changes to my job and that I would not longer be working at that location (retirement facility). I was told by my supervisor that he would call me on (Monday) to give me my new assignment. I was totally shocked since I had been working at this facility for over 12 years and had never had a problem. The following week I waited for the call from my supervisor for my new assignment and that call never came. On Thursday of that week, I called the office and spoke with the receptionist who told me she would give my message to my supervisor. I called again the following week and left another message. Weeks passed and I never got a call from my supervisor or anybody at the company. I filed for Unemployment about 3 weeks later since(early May) it was clear that I was laid off and was not going to get a call to work. I was awarded unemployment and now they are fighting it. In late June I got a call from my supervisor but my wife had just passed away and I was not able to speak to him. My daughter told him the situation and asked him to call back. He never called back. In July I received 2 "job assignments" that were dated in April. I did not receive these until July. I have a court appointment for their appeal later this week. Any suggestions on how I need to prepare. Thank you.
I would like to comment on the part that you waited three weeks to file for UI. For anyone reading this, you don't have to be formally laid off or fired from your job to collect UI. Any week that that your employer prevents you from working and earning more than you'd get on UI, you need to file before about 5pm on Friday so that the week counts, and you mitigate your lost earnings.
You can get an attorney, but it's my personal opinion that they get no better results than a properly prepared claimant.
You need to understand the issue(s), and from what you've typed, I don't think you do. I can't tell if they are appealing your separation or if this is a refusal of work issue. You need to type in what the hearing notice says. You don't want to go into a hearing talking about your wife's passing and your daughter taking your phone calls. That's probably not "good cause," and if it is, it can still get you denied as not "able and available."
The employer is appealing my unemployment claim. They are saying that I never contacted them to get my new assignment. They were supposed to call me and never did. I never got a new assignment of work from them and they are saying that since I didn't contact them I quit my employment and should not get unemployment.
You need to document simply and clearly in chronological order, using exact dates, the sequence of events, including the call from the employer in June which you couldn't deal with at the time, and then the notice in July of the April assignment.
Your employer is saying you didn't show up for work in April. You are saying that you didn't receive the notice of April work until July.
Do you have that notice and the envelope it came in? That, hopefully, might help to support your statement that the employer did not notify you of any assignment (i.e., and tried to cover its tracks later). You need to present that notice at the hearing. Of course, the employer will claim you received that notice in April and they sent it to you again in July as evidence for their case. So, it's he said/she said. The hearing judge will be the decider on who is truthful.
Frankly, a 76 y/o man, 12 years on the job, should be believable. Nonetheless, you need evidence.
if you can i would get copies of your phone bill. i would not mention you have your phone bill until after your employer starts saying when they called you with real dates if its a lie you take out the phone records and the case is over. also i would mark on your phone bill when you called as proof and say you waited 3 weeks before asking for unemployment because you thought your boss was calling you.
Last edited by around1999; 09-19-2012 at 03:40 PM..
My advice to you my friend is to say your employer told you you had no work and wait for his call . This way the onus is on THEM TO PROVE you did not accept their job offer.
Do NOT admit to them they offered you work. Do NOT admit to them they told it to you in conversation. Do NOT admit they told you that you voluntarily quit.
Make them bring actual phone TAPES to prove it. They have to produce this kind of evidence to you at least a day before trial or it cant be admitted. In fact, all they could produce is their own phone records for that day. That does not mean they offered you another job on those calls.
To get the actual tapes of the calls to your home would violate the 4th Amendment so they cannot PROVE they offered you another job. Its over. Just do NOT admit they did Period.
A good friend of mine on here suggested once to me that 90% of the time the Employee loses is because they ADMIT defeat to the judge or otherwize shoot themselves in the foot.
Make them PROVE you quit.
They wont be able to and regardless, to complain at this late of a date is just bizarre to me.
Last edited by thomasdavie; 09-19-2012 at 05:30 PM..
I would like to comment on the part that you waited three weeks to file for UI. For anyone reading this, you don't have to be formally laid off or fired from your job to collect UI. Any week that that your employer prevents you from working and earning more than you'd get on UI, you need to file before about 5pm on Friday so that the week counts, and you mitigate your lost earnings.
This is good advice. Is this part of a 'sticky' anywhere?
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