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Unemployment legal advice...

SweetMelissa

SweetMelissa

Sweet Innocent Angel
Joined
Jun 9, 2003
Messages
2,118
Location
Birmingham, AL
So today i open the mail that I didn't open yesterday when I got home. I got a letter from the State of Alabama Industrial Relations Appeals board stating that my former employer was appealing my claim for unemployment. They stated that the reason for the appeal was due to : Discharged for Falsifying Information

So, I have no idea what the hell i would have falsified to get fired. I stated the exact reason they gave me when they let me go to the unemployment people, which said NOTHING about falsifying information. I also got no paper stating the reason for my discarge, only a check for the 2 days that week that I worked along with a written statement of the deductions that came out of that check. Any advice? I can't even call the state til Tuesday cause of the holiday.

Melly
 
Now I am no lawyer and I've never been in the situation, but did anyone from the unemployment office hear the original reason why from the former employer? If so talk to them about it, save money on a lawyer. If not, think about getting a lawyer depending on how much you are gonna get, might not be worth it, but don't talk to your former employer about it, they've already proven they will be jerks about it. Make sure you make copies of all papers for yourself and anyone you talk to get their names and date you talked to them, keep records of everything. Anything you mail out get a reciept.
 
smokinbolt said:
Now I am no lawyer and I've never been in the situation, but did anyone from the unemployment office hear the original reason why from the former employer? If so talk to them about it, save money on a lawyer. If not, think about getting a lawyer depending on how much you are gonna get, might not be worth it, but don't talk to your former employer about it, they've already proven they will be jerks about it. Make sure you make copies of all papers for yourself and anyone you talk to get their names and date you talked to them, keep records of everything. Anything you mail out get a reciept.
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Fortunately, I will not have to pay for any legal fees to my lawyer, have 3 in the family. As of tomorrow my unemployment will be cancelled anyway and I am going to contact the office like i said on tuesday. I can't even believe a man with as much money as he has is going to quibble over 920.00 dollars over a period of 4 weeks.

Melly
 
coventrycat86 said:
Why are you no longer working there?

If you're disputing the employer's claim, then request a hearing. Most times, the Unemployment Office finds in favor of the claimant.
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They already appealed for a hearing...they are saying *I* am in the wrong for wanting/getting compensation. And the fact that they usually find in favor of the claimant? ( i guess you mean the people filing the appeal?), then i may be screwed. Makes the weekend that much better :(

Melly
 
SweetMelissa said:
coventrycat86 said:
Why are you no longer working there?

If you're disputing the employer's claim, then request a hearing. Most times, the Unemployment Office finds in favor of the claimant.
Click to expand...

They already appealed for a hearing...they are saying *I* am in the wrong for wanting/getting compensation. And the fact that they usually find in favor of the claimant? ( i guess you mean the people filing the appeal?), then i may be screwed. Makes the weekend that much better :(

Melly
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No, YOU are the "claimant."

You still didn't answer my question as to why you're not working there anymore. People can't give you any worthwhile advice unless you give more details as to exactly what is going on here.
 
Yeah I know...and the reason i gave them was what was told to me when they let me go.,..not what is on the appeals letter...so I am lost until Tuesday...oh well, not much i can do about it right now...
 
First and foremost, you are using terms like When "THEY" let me go.... who is "They"? Head of a HR department? A person? You're skirting the question as to "Why" you were let go with "What you were told". Two different things.

A charge of falsifyiing documents is a very serious accusation and I'd be crawling up someones azz making an accusation like that about me if I knew I never EVER EVER falsified anything with this company. Doubting that you are in the right here usually means there's more to the story. This isn't cloak and dagger stuff... you're either right or you're wrong. The employer will need to prove this charge.

Did you fidge a little on your original employment application?
 
Allofus123 said:
First and foremost, you are using terms like When "THEY" let me go.... who is "They"? Head of a HR department? A person? You're skirting the question as to "Why" you were let go with "What you were told". Two different things.

A charge of falsifyiing documents is a very serious accusation and I'd be crawling up someones azz making an accusation like that about me if I knew I never EVER EVER falsified anything with this company. Doubting that you are in the right here usually means there's more to the story. This isn't cloak and dagger stuff... you're either right or you're wrong. The employer will need to prove this charge.

Did you fidge a little on your original employment application?
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The they i am referring to is the company. And no, I didnt fidge a thing. If i had been let go for falsifying anything, why would i have pursued any sort of unemployment? I would have for sure been denied and no telling what else. So, do I think that they are wrong for what they (the company) are doing? Yes, cause I never lied about a thing, to them or to the Unemployment Agencies. So, all I can do is tell my side to the committee and hope it turns out right. And as for why they let me go? I really have no idea since I did what they asked of me everytime, even in the months before when they shuttled me around to other departments under the disguise of "cross-training". I can only "go" by what I was told.
 
Melissa,

You're asking the opinion of guys on a cigar BB about what you should do. In their attempt to help, they've asked you numerous times, what were you told when they fired you, and you've yet to answer. If you expect advice, answer the flippin' question. If you just want to vent, vent. Don't keep skirting the question. If it's too personal to answer, say that. If it's none of their business, say that. Say something that relates to the reason other than, "...I can only "go" by what I was told..." Obviously, they wanna help!

Floyd T. :thumbs:
 
I don't know if she actually started the job she talked about on the 2nd, that is why I'm asking.
 
Be thou as chaste as ice, as pure as snow, thou shalt not escape calumny.
 
SweetMelissa said:
I can't even believe a man with as much money as he has is going to quibble over 920.00 dollars over a period of 4 weeks.
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I'm guessing its the previous job by the statement above.

Not knowing enough about all of the particulars its very hard to give advice. The one bit of advice I can offer is to not plead your case to the unemployment office as you are here. Saying you only can go on "what you were told" is not going to help you. I hope you receive this advice as trying to be helpful though I can see how it may not seem so. You will get the same kind of questioning and investigative probing when it comes time to hear the case. Being defensive will not work in your favor.
 
Allofus123 said:
SweetMelissa said:
I can't even believe a man with as much money as he has is going to quibble over 920.00 dollars over a period of 4 weeks.
Click to expand...

I'm guessing its the previous job by the statement above.

Not knowing enough about all of the particulars its very hard to give advice. The one bit of advice I can offer is to not plead your case to the unemployment office as you are here. Saying you only can go on "what you were told" is not going to help you. I hope you receive this advice as trying to be helpful though I can see how it may not seem so. You will get the same kind of questioning and investigative probing when it comes time to hear the case. Being defensive will not work in your favor.
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Well stated. Melly, if you really want any manner of cogent advice on this issue, you're going to have to give specifics. At least more than you have disclosed thus far.
And, the question that also begs in my mind...if you have "three lawyers in the family," why not take it up with one of them?

Fyi...even in employment-at-will states, when people get canned, they file for unemployment, the employer usually contests the application and/or award of any such benefits. Employers simply don't want the funds to be drawn against their account with the state - too costly to them. Rather, the employer will fight you over it. Sometimes issues are made up, other times not. Sometimes claimant's (fired employees) will misrepresent to the state their grounds for termination. It's a two-way street on many accounts. Not knowing anymore about what happened to you in your circumstance, it's simply too tough to give any form of reasonable, sound advice. Bottom line, you're going to need to take this up with the state, fully disclosing to them all details of your termination (and perhaps events that transpired prior to same) and be unflinching in your candor and forthrightness. If your old employer is the one lying here, given a little rope, I'm certain they will hang themselves.
 
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