unemployment compensation being appealed by former employer
does anyone know where i can get advice in Alabama? i was working full time until at 24 weeks(Feb 11) i had my hours cut down. employer felt i wasn't giving him a full days work. at 29 weeks(March 21) i was let go, he said due to an insurance mistake i had made 6 months prior.
i filed for unemployment and had to wait on this employer to respond which he denied i should receive compensation. it went to my favor and i starting receiving compensation about 4 weeks after being let go. now i have received compensation for approximately 6 weeks and all of a sudden i get a letter stating the employer is appealing and that i will be notified of a hearing date.
i looked it up online and i probably won't receive anymore until after the hearing and that's only if it goes in my favor. if it goes the other way then i have to pay everything I've received back. i don't know how he can wait 6 weeks after wards to file an appeal.
if this does go in my favor i was thinking about possibly claiming pregnancy discrimination for the things i put up with while i was at work and also for him making this difficult after the fact.
i need to know if anyone knows of someone i can talk to. basically the employer never had a complaint until after he found out i was pregnant, my first write up was for coming in late due to hormones my 2nd and 3rd write up were on the same day that he let me go one was for being 3 minutes late the week before and the other was for making the insurance mistake 6 months prior and that the company had not been paid for 6 months duet to this error.
now he is claiming that he let me go due to excessive warnings for tardiness(no clock in clock everyone writes their time on a sheet of paper), insubordination and solicitation and failing to complete work duties. any advice would be great. thanks
Re: unemployment compensation being appealed by former employer
This. 100% You can probably get a pro bono one if you look. Lawers love this kind of lawsuit, and it sounds like you have a good case.
Look for an employment lawyer.
Out of curiosity... what does it mean to "come in late due to hormones"?
i had a crying fit one morning and could not stop crying for a couple of hours. i called that morning and told them i would be in as soon as a could. it was during the 1st trimester,can't really remember the exact date. i worked in a chiropractor's office and i didn't think it would be ok if i was balling my eyes out in front of patients. i guess i should have went in anyways and made a fool of myself.
that wasn't the only time i had a crying fit. there were other times like if i missed my husband while at work or if i had a bad dream the night before. those particular 2 other times i was already at work when my hormones went crazy.
i would try to find something else to do not dealing with the patients if i was having a crying episode, but my coworkers were not eager to help. very small office one woman has worked for this guy for 16 years, another 4 years and another for about 2 months longer than i had been there.
i didn't call it pregnancy related my employer did.he is the one that listed the reason i was being written up was because i came in late "due to hormones". i didn't go into detail of the fact that he commented on how much i ate while at work(which was allowed to be done by others, but i was eating too much) and no that did not keep me from working or went to the bathroom too much or how my swollen feet kept me from being able to stand for long periods of time having bloody noses being nauseous and running to the bathroom and yes being a little extra hormonal at times.
i still tried to do my work all i ever asked was for some understanding that when i got tired to let me do some paperwork for a 1/2 hour so i could rest instead of being up and going going going.basically the doctor should have treated me like any other temporarily disabled employee. the other doctor i worked with in the afternoons just me and him never had a problem with my work. he was even concerned on how swollen my feet and ankles would get.
I agree with the previous poster. I am not trying to be critical at all, but if my employee said they weren't capable of doing their work b/c they couldn't stop crying and it happened on more than one occassion, there would definately be some disciplinary action. I actually just delayed an employee's probation, in part, b/c she kept crying/acting miserable at our front desk (among other things). I would not terminate someone for this without giving them an opportunity to improve, nor would I fight them on unemployment unless they did something illegal or completely unethical.
What is the "solicitation" they mentioned? Were you selling something at work?
i handed out 3 avon catalogs to patients 2 to girls i would see outside of work and one who overheard me mention it and asked for one. never sold and collected money from any of them. was not aware it was an issue nothing was ever said to me about it. the letter i got the other day is the 1st it has ever been mentioned.
so i'm clueless, i don't even know if that is what the employer is referring to, because as far as i know he did not even know that i sold avon until after he let me go and that was because i brought one patient a tube of chapstick she wanted and a new catalog just in case. but i left it with the other doctor who goes to church with the girl so i don't know why it was a big deal.
also i don't remember signing anything about no soliciting. some of the patients became more like my friends than people i had to deal with. some were very interested in my pregnancy and wanted to be included in baby showers and to receive baby pictures but now i have no way of including them like they wanted.
the reason he stated he let me go was because i didn't enter a patients insurance information in the computer correctly and because of that the company did not receive payment for 6 months. 2 other coworkers were the ones that handled insurance payments not me. so even if i did make the initial mistake shouldn't they have noticed there was no payment for 6 months.
timing was a little convenient seeing how it was almost 6 months to the day since the employer was informed i was pregnant. if i made the mistake fine i accept it, but there is no way to proove that i did or didn't do something correctly.
shouldn't i have been made aware of the mistake instead of just being terminated for the mistake. there were a lot of problems getting insurance payments on a lot of patients because of something else so who is to say this particular one was my fault and not part of the bigger problem we kept having with computer systems.
yes and no. i was the one posting but i was going into my 3rd trimester and it wasn't that i was sitting and resting with ice packs on my chest. while i was waiting to put an ice pack on a patients back or put the ice pack back in the freezer i would hold onto it. kind of like a hug just to give me a quick cool down because my employer would not run the a/c at the time.
that never stopped me from doing work. and there was only one time that i actually did sit down and put ice on my ankles, but nothing was said to me at the time i did it. and when it did get brought up the doctor acted as if i did it ALL the time.
This. It sounds like your employer just didn't want you around anymore and was using any reason to let you go. Honestly, it doesn't sounds like the job was a great fit for you so manybe it's for the best.