Won appeal with Workforce just to get notice again that employer now has appealed with Workforce Commission in Austin!!! (collect, file)

[bcisayso58]

Worked for employer for almost a year; got pregnant, morning sickness really made me sick, tired and edgy; new OM always wanting me to "assemble furniture" in new location instead of my job; got letter on a Friday to return to work in a better mood. So stressed ended up in ER at 3 am admitted on that Monday. Called employer to tell them; they called back to tell me to return anyway. Left message I was admitted; they said I never called, never knew I was in the hospital and let me go. Filed unemployment and contacted the EEOC. They had all employees make up statements about me, mostly part timers; dates were wrong, etc. They hired an attorney told me not to contact them; though before this I had tried to call several times from the hospital. No one ever called me back to even check if I was dead or alive! Sent them copies of ER and hospital as well as doctors notes, via certified mail. They said they never received them even though I have proof the OM signed for it. They appealed my unemployment saying I was going to be fired anyway though they filled out the paperwork saying "I quit". Since that didn't work they said they didn't have enough time to respond to the Workforce. Had a telephone hearing with their attorney and OM; I won the appeal stating they were at fault for not filing with the Workforce of their address change. Now I get another notice that they have appealed with the Workforce Commission in Austin and I am to wait for this to happen. My stress level is ridiculous! My baby is what is important to me!! I am trying to find a job, pregnant, trying to make ends meet and they do this!! What can I do? I don't have the money to get an attorney; I'm barely making it now. My doctor says to calm down.....Calm down! How. This employer, hates the fact that I won. They used to laugh at the office about "they would never fire anyone but they would make it so unbearable that the employee would leave". I was a witness to two employees, one a former OM, who had had enough and just quit. Well I didn't! I had a legitimate reason for not "appearing" and they are punishing me over and over again. Help! What can and should I do?

[Houston321]

I can't vote because I think you need to add a few more options to your poll from another point of view. I don't want to be mean here, but lets just say my gut is telling me if you put a few more options on the poll from the employers point of view, you may be surprised to see the results.

[mikeyyc]

An appeal is a part of the process. They should need to present a valid reason to appeal, so work it out. There's nothing else you can do.

Well, you can do all those other things in your poll, but realistically the employer is doing nothing wrong. Unethical, likely, but not illegal.

[bcisayso58]

I appreciate your responses, I do. But the issue here is that They have money; I am just trying to survive. They are not loosing any money by letting me collect "My" unemployment which I have earned. They just do not like to loose and know that even though I have all my documentation in order; they still want to show previous employees that they cannot allow me to win.
I know employers can be legal and or illegal; this employer is just a CASH cow and wants to keep this Hush Hush. This kind of harassment/situation would not look kindly in all their advertisements about how great they are.
I just want to be left alone; to look for a job and have my baby in peace.

[ipuck]

Unemployment claims at the end of the day is really not a big deal for the company.

I think there is lot more to the story here. For an employer to go through all that and hired a lawyer, you really **** them off. All those things cost a lot more than paying you the benefits.

Just because you are having issues and having a baby doesn't mean the employer have to bend over backward for you.

You sound extremely entitled and want validation, which I don't think you will get here.

[chris_ut]

Originally Posted by bcisayso58

I appreciate your responses, I do. But the issue here is that They have money; I am just trying to survive. They are not loosing any money by letting me collect "My" unemployment which I have earned. They just do not like to loose and know that even though I have all my documentation in order; they still want to show previous employees that they cannot allow me to win.
I know employers can be legal and or illegal; this employer is just a CASH cow and wants to keep this Hush Hush. This kind of harassment/situation would not look kindly in all their advertisements about how great they are.
I just want to be left alone; to look for a job and have my baby in peace.

Actually their rate goes up when people file so it does technically cost them money even though they don't directly pay for it which is why they are fighting it.

[bcisayso58]

Its not that I feel entitled or want validation as previously stated by Ipuck; I just want this to end. Yes I know everyone deserves their day "in court" but come on! For a measly amount of money which is only for 9 months!!!

I understand that the rates go up for employers but it can't be more than what they charge for one procedure; oh yes did I mention they only do CASH.

[Chyvan]

You have a mistaken belief in how the UI system works. YOU don't pay a nickel. It's your employer that foots the bill. It is their right to appeal just as it is your right to appeal. You need to learn the process, and stop ranting.

You were awarded benefits in the beginning. Many states send you a letter telling you WHY. That is where you start.

Then there was a hearing, and you won again. The judge/hearing officer would have sent you about a two page letter telling you the "findings of fact" and "reasoning and conclusions of law." Again, look it. Is it accurate?

This next appeal is probably to the board of review, and those rarely succeed UNLESS your judge/hearing officer was a buffon and wrote some off the wall decision. It's all about the WHY.

Because of the way you are ranting, I'm not convinced you can coherently determine if the decision is sound because I think you think you should get it just because you are pregnant and stressed out, and that's not ever a valid reason for UI. You either quit with good cause or you were fired for a reason not amounting to misconduct. Actually, talking about your pregnancy can get you denied because you can't get UI when you aren't "able and available" for work, so the second you're in a hospital bed giving birth, you might lose your benefits. You need to start learning the system instead thinking you already know it.

[Rabrrita]

I have to agree that you re making way more out of this to the point you may actually become your own worst enemy. I also agree with Chyvan that you really don't understand the unemployment process and as a result you are running around like some crazed flake instead of just working through the process in a rational and mature manner.

So, because I don't speak loonyspeak, we need you to provide specific details so we are all on the same page.

1. You were terminated. What reason did you give unemployment in your application?

2. Your employer has the ability to challenge your unemployment benefits by providing a reasons for your termination that would deny benefits. (note: this is not an appeal on their part) Did your employer provide a disqualifying reason?

3. The next step is the interviewer makes an initial determination based on the information you and your employer provided. The decision will be to grant payments or deny payments. Based on what you wrote they granted you payments. What did they state as the reason for granting payments on the determination letter you received?

4. If the employer or employee disagrees with the initial determination, they have a RIGHT to appeal. A hearing is held (telephone or in person) where both sides are sworn in and the employer presents their case before an ALJ. You have the ability to object to testimony/evidence, question those testifying and present your own case. After the hearing, the ALJ will uphold the initial determination or reverse it. Either way, you will receive a written notice (as outlined by Chyvan) with the reasoning. What did that determination letter state?

5. If a party does not agree with the determination, they have the RIGHT to appeal to the Commission. This is, (according to your post), where you are now. Based on the points mentioned, is this actually where you are now?

If this is where you are, the next appeals is not a hearing but a review of the records. They will listen to the appeals hearing, examine the evidence presented and make a determination as to if the ALJ properly adjudicated the proceeding.

Because each step along the line provides specific information on the process, what you think, feel and believe means nothing at this point. The only item we need right now is what were the details of the determinations. Only those can tell us where this went and will go.

[astrohip]

Originally Posted by Houston321

I can't vote because I think you need to add a few more options to your poll from another point of view. I don't want to be mean here, but lets just say my gut is telling me if you put a few more options on the poll from the employers point of view, you may be surprised to see the results.

I thought she worded it well, considering her first thoughts on her poll were...

1) I'm right
2) I'm really right
3) Wah wah I'm right validate me

/sarcasm mode off/

To the OP, the way you worded your poll tells me everything I need to know. Even when one is wronged, it's important to see all points of view. Not only might it open your eyes, but when you want to defend yourself, seeing other's POV helps you prepare a defense.