Unemployment Benefits Appeal Hearing **UPDATE**

[Mickeys.friend]

Hi. I could really use some advice....and i would love to hear any personal experiences. I quit my job back in early january. I was an instructional aid in a Catholic school. My daughter was in first grade at the same school. I was not being paid correctly (less than minimum wage) and I was not given my tuition discount for my daughter. I tried in vain since September to get these issues resolved with no luck whatsoever. Then my daughter began having problems with the principal(a nun) and several other nuns. One forced her to eat food alone in the cafeteria when she was sick with a cold. Another, pulled her from her classroom and berated her over a math test that she deemed a failure(it was actully a 98%) and her handwriting....this nun made my daughter write her name over 20X on the back of the math test. NO OTHER student was removed from her classroom. Only my child. i began to think it was due to the fact that I was "rocking the boat" by trying to get my pay straightened out. I LOVED my job and my co-workers. My daughter's teacher is also wonderful. it's the nuns and administration I have issues with. I worked there last year as well with no problems. However when my daughter began getting upset over Christmas break and did not want to go back to school. I really had to consider why I was putting her through this especially whan I was not being paid. So, I quit and applied for unemployment. I also filed a complaint with the department of L & I. After 8 weeks, I received a letter dismissing the minimum wage law compliance complaint I made against the diocese. They said the school did not keep computerized records and it would be too hard to prove. Then I was denied unemployment. So, I filed an appeal. I have a hearing on Thursday. My main reason for appeal is because I felt forced to quit due to my daughter's mistreatment. I mean why would I stay working for a school I pulled my child out of? As a resul my daughter had to go back a grade in public school because of the stringent cuttoff dates, and she now goes half a day. I am having a hard time getting a new job around her school hours.
I had 2 witnesses to the abusive behavior. One was a fellow instructional aid, and the other was my child's teacher. However, now they have backed out because they fear losing their jobs or getting repremanded. If you know about the Scranton PA catholic school restructuring and union problems than you know why my friends are nervous. It's now to late to subpoena them and I would not want to FORCE them to be there against their will. So now what do I do? Has anyone ever been in my shoes? I am still going alone armed with my dates and times, etc. But without witnesses what chance do I have at getting the unemployment? I know this is long. Thanks for reading!
LIZ

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**also posting at the end of the thread**
Update! This afternoon was the Appeal hearing and NO ONE from my former Job showed up to represent the school system! The ref. took my testimony. I was very matter of fact. I submitted pay stubbs and a typed timeline of events along with dates. He seemed impressed with that...but I am not sure. It seemed to go well and I will have to wait around 15 days for a determination! Thanks for all your help!! I'll update again when I get my determination......

 

[Tinker'n'Fun]

I am sorry for what happened to you and your daughter. I am not able to answer your questions, but will keep you in our thoughts and hopefully you can get this resolved quickly and to your satisfaction.

 

[kydisneyfans]

I'm sitting here battling an unemployment hearing myself. My wife was scheduled for one at 2:00 today. We faxed a deferral request since she is at work during this time and cannot take an hour long call at work. She has told them on several occasions that Friday afternoons are open, but they continue to schedule hearings while she is on the clock. Of course, after the faxed request, they called anyway at 2:00.

As for your chance of actually winning, you would have a better chance of winning the Powerball than against a state run agency. I have not known of anyone to win a case against their former employer or against the state.

If anyone has any tips, I would like to know them.

Best wishes to the OP.

 

[Mickeys.friend]

Thanks Tinker...prayers are always welcome! Both me and my daughter are much happier now despite the financial struggle...It was the right move for us no matter how this unemployment mess turnes out....
LIZ

 

[Thats_for_Shore]

I think that even if you quit a job, you are entitled to Unemployment -- but you get penalized 10 weeks.

10 weeks, no unemployment, but after that, you can still draw an unemployment check.

Then again, it might be different in different states.

As far as your hearing goes, tell them in as LITTLE detail as possible what your problems are. They don't care/want to hear about petty things.

Tell them that there was a problem with your pay. You tried to get it straightened out, never did, and the administration began to take it out on your DD who attends the school. They did things you could not agree with. Basically after you raised the pay issue, they made it very difficult for you to stay there, they were looking for a way to get you out.

If they need/want any more info than that, they'll ask for it.

 

[Mickeys.friend]

As for your chance of actually winning, you would have a better chance of winning the Powerball than against a state run agency. I have not known of anyone to win a case against their former employer or against the state.

Actually the school (run by the Diocese of Scranton) is not the one who filed the appeal. I filed the appeal. I was not awarded unemployment by the Scranton PA UC Services, because I quit and they felt I did not have just cause. I feel that I did. It is a Benefits Determination Appeal. The school is not denying the claim. They will not have an opportunity to do that until I am actually awarded benefits. At that point they may be the ones to file appeal (to not have to pay) but I doubt they will do that after what I have to say....
LIZ

 

[Robinrs]

Does your state's Dept of Labor have a website? I just checked Georgia's and this is what it stipulates:

If you quit, you may be eligible to draw benefits if you can show that you quit for good work-connected reason(s). Examples of good work-connected reasons are material change in working conditions, material change in working agreement, nonpayment for work, and similar reasons. You will not be able to draw benefits if your reason for quitting was personal even though the personal reason was a good or compelling one. The only way to know for sure whether you are eligible if you quit is to file a claim. The department cannot make a predetermination of eligibility before a claim is filed.

Knowing what the criteria is BEFORE you have the hearing is a major plus. Go on the site and search for the word Quit.

 

[Thats_for_Shore]

As for your chance of actually winning, you would have a better chance of winning the Powerball than against a state run agency. I have not known of anyone to win a case against their former employer or against the state.

If anyone has any tips, I would like to know them.

Best wishes to the OP.

If you are right, yes, you can win. I've done it.

A year and a half ago, I worked as a waitress. Something came up, I needed some time off. The time off was approved by the owner of the restaurant.

However, it made the manager very angry. They refused to put me on the schedule for three weeks (BEFORE my time off started), and never put me back on the schedule after my time off.

I spoke to the owner on several occassions and they told me that scheduling was the managers job, not his.

Fine, I took it as I was fired.

I didn't file unemployment, because my hubby started his own business, so I was working for him.

This winter, since my business is seasonal (seafood), I filed unemployment. Do you know that somehow my quarters were messed up, and the restaurant was in one of the quarters I was trying to draw from.

That restaurant tried to stop me from drawing, said that I just refused to go back to work.

We had a hearing, and I told my side. Told them that I tried multiple times to get back on the schedule, and never was. I guess they believed me, because it was approved and my money was in the mail.

 

[Mickeys.friend]

I guess they believed me, because it was approved and my money was in the mail.

Oh that's great! I hope I have the same luck! Good for you! I am owed over $1000 now and I keep filing the bi-weekly claims so that if I am eventually approved that I will get the back pay as well. At this point I am going it alone, no documents, witnesses, etc. I am just going to tell my side of the story. It's the truth and I think it's compelling enough to get my unemployment. I mean, why would I set my daughter back a grade and quit a job I held for almost 2 years with no other prior problems, just for the heck of it?
LIZ

 

[MosMom]

I would go to your bank for paycheck deposit records and how much those paychecks were. The school may not keep records but your bank does.

 

[Thats_for_Shore]

I would go to your bank for paycheck deposit records and how much those paychecks were. The school may not keep records but your bank does.

Right, but that won't help in this situation. Because the OP would also have to be able to prove how many hours that check was for.

Maybe if she has a paystub that says just that??

Anyhow.....this brings me to another thought.

If the school "doesn't keep records" isn't that their problem?

Isn't it the law that they keep these records for a certain number of years?

I think I would certainly mention this at the hearing. The claim was dropped because the school didn't have the records. Well, that means the school can't prove the OP wrong. If they aren't organized enough to keep proper records, why would anyone believe that they were organized enough to pay her the right amount?

 

[denisenh]

do you have pay check stubs?
I really hate hearing about stuff like this. I wish you all the luck.

 

[DVCJEN]

I hope it works out for you. Unfortunately though, because you voluntarily quit it could be really hard to prove without witnesses.

 

[sanctus]

Do yourself a favor, don't even mention your daughter's treatment. I know for you it's a big thing, but legally it's irrelevant. Your legitimate appeal is that you were not paid at least minimum wage. Stick with that. If you bring your daughter into it, then it looks like a personal issue. Bring every pay related piece of information you ever received, too.

 

[Mickeys.friend]

Right, but that won't help in this situation. Because the OP would also have to be able to prove how many hours that check was for.

Maybe if she has a paystub that says just that??

Anyhow.....this brings me to another thought.

If the school "doesn't keep records" isn't that their problem?

Isn't it the law that they keep these records for a certain number of years?

I think I would certainly mention this at the hearing. The claim was dropped because the school didn't have the records. Well, that means the school can't prove the OP wrong. If they aren't organized enough to keep proper records, why would anyone believe that they were organized enough to pay her the right amount?

I do have pay stubs, but I was a "per diem" employee. They paid me only $51.50 per day. My pay stubs read like I worked 9 hours instead of 9 shifts. The school did not have a time clock. We signed a book. When you divide the amount i earned per day by the actual amount of hours i had to work, many days it was not minimum wage. I had to be in (per the principal) an hour before the other Aids and I had to stay and do bus duty. I was the only non salaried employee to have a bus assignment! I think because I am a capable person, I was taken advantage of by the principal. I think her and her fellow nuns grew nrvous and angry because it was the principal that was extending my hours so it did not average minimum wage.....it was not the desire of the administration for me to work that much. This is just my opinion, but it's what makes the most sence here. I just do not think administration is going to take responsability for the principal....

 

[Thats_for_Shore]

Do yourself a favor, don't even mention your daughter's treatment. I know for you it's a big thing, but legally it's irrelevant. Your legitimate appeal is that you were not paid at least minimum wage. Stick with that. If you bring your daughter into it, then it looks like a personal issue. Bring every pay related piece of information you ever received, too.

I agree. That's why I said to stick to the basics and not mention any more than you're asked.

You want them to think you quit due to the pay aspect, not because of mistreatment of your daughter.

 

[Mayl]

You won't win.

You left over something that had to do with the teaching ability of the nuns with your daughter. It had nothing to do with your job, job performance, working conditions (ie safety or such).

By quitting, you are already behind the 8-ball in regards to getting benefits. If the reasons you stated are true (no reason to doubt you), then you honestly are out of luck.

You might be able to work an angle with being under minimum wage vs the tution reimbursment, but that would be it. Even that might be very hard because you quit. Not like they stopped providing the education or something.

 

[Mickeys.friend]

Do yourself a favor, don't even mention your daughter's treatment. I know for you it's a big thing, but legally it's irrelevant. Your legitimate appeal is that you were not paid at least minimum wage. Stick with that. If you bring your daughter into it, then it looks like a personal issue. Bring every pay related piece of information you ever received, too.

When i origionaly filed for UC benefits i did state the wage issue as well as my daughter's treatment as reasons for quitting. I think it's extremly relevant because even if i cannot collect unemployment based on the wage issue(complaint was dismissed) the mistreatment of my daughter definately proves that i had just cause and my reasons were of a compelling nature. I read this on my PA unemployment site......

 

[Piglets Mommy]

Right, but that won't help in this situation. Because the OP would also have to be able to prove how many hours that check was for.

Maybe if she has a paystub that says just that??

Anyhow.....this brings me to another thought.

If the school "doesn't keep records" isn't that their problem?

Isn't it the law that they keep these records for a certain number of years?

I think I would certainly mention this at the hearing. The claim was dropped because the school didn't have the records. Well, that means the school can't prove the OP wrong. If they aren't organized enough to keep proper records, why would anyone believe that they were organized enough to pay her the right amount?

ITA...I would round up all your pay stubs and bring those with you. Use the fact that you were paid less than Min. wage your reason for quitting, not the way your DD was treated, as that can be seen as a personal reason and is less likely to be approved. If there was something in your contract about reduced or free tuition and that was not honored, then use that as well, but I would keep anything personal out of it. This is a state organization you are dealing with, and they tend to care less about personal reasons, and could even turn the whole thing against you.

 

[Kimmumum]

I worked at a job for 12 years (32 hours/week). When my son started Kindergarten I asked my boss if I could reduce my hours to 24 hours/week for the length of the school year (K has weird hours). My boss told me that I needed to increase my hours to 40/week. I could not increase my hours and they did not want me to stay at 32 hours. I took this as being fired. They took it as I quit. I filed for Unemployment. They fought it. I had two appeals and I won them both. They cannot make you increase your hours.

You can win. Just state the facts. Do not ramble. Do not answer more than they ask. Short and concise. Stay pleasant. Do not show a lot of emotion.....frustration and anger.

My appeals were all done over the phone. I faxed in the information that they asked for ahead of time. Good luck!!!!