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Complete Mess!!

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In a rut

Junior Member
What is the name of your state (only U.S. law)? IL Laws. Worked for a auto shop for 18 months as a sec. Owner was nice at first. Considered he and his wife a friend. Started seeing a man and was put through the ringer for it. My personal life. I quit. He accused me of stealing at first almost $8,000.00. I was arrested. It then went up to $50,000.00. This had gone on from Aug 09 till Dec09. I have not filed unemployement. I filed an application at a job.He (my ex-boss) went this business and demanded my application. This case was dismissed by the states attorney. They have 3 yrs to re-charge me. He had me and prior Secretarys blank out accounts when paid in cash through quick books. This went on with 2 secs before me. What legal rights do I have to get unemployment and the pain and anguish I've been through?? The IRS will be called. On my level though,what can I do to get back lost wages, defimation of character,hostile work enviorment,ect?? To get a lawyer locally thats not a member of the "good ole boys club" is hard to say the least. This a round about of everything that has gone on. I just need some direction and help. Thanks.
 


JETX

Senior Member
What legal rights do I have to get unemployment
You have every 'right' to FILE for unemployment (within the time allowed). The Unemployment Compensation board has the right to review your application and approve or deny based on the facts.
So, what did they say when you applied?? And if they denied coverage, what happened during the appeal??

what can I do to get back lost wages, defimation of character,hostile work enviorment,ect??
To pursue a claim for any or all of these items, you will need an attorney.
 

pattytx

Senior Member
By "lost wages" do you mean wages for a period AFTER you were terminated? Or unpaid wages for time worked? And how long ago was this?
 

commentator

Senior Member
When terminated, a person should immediately file for benefits, because the wages will go away as the quarters change and time passes. By filing for unemployment, you would not be suing your employer, anyway, you'll be filing with the unemployment system of your state. You do not need an attorney to do this. It has nothing to do with your civil case, except that the fact you were not prosecuted will be considered in the decision to grant benefits. It has nothing to do with a "wrongful termination" or "defamation of character" case, which you very likely will not have. An employer can terminate for any reason.

If you were to file right now, and you were determined to have enough wages to qualify you, then there would be a decision made regarding whether you quit your job with good work related cause, or were terminated for good cause. This approval or denial has nothing to do with "wrongful termination" or any other facet of your firing issues. Has nothing to do with the way the employer operated his business (having people put cash off the books,etc.) It is related only to reason you were terminated or the reason you quit for unemployment purposes.

It will take a few weeks to get an initial decision about your eligibility for benefits. But go on and do the filing. YOu have absolutely nothing to lose by doing this.

I do not understand, you must live in a really small town if the former employer was able to go to a new place where you had applied for a job and get them to give him your application.?...

.
 
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In a rut

Junior Member
Thanks for all the info thus far. I never filed for Unemployment when this came about. I quit because of a hostile work enviorment. Boss was getting into my personal life. I am gonna file for unemployment,and also heard of the IRS whislteblower program. I quit in early July 09. He knew I was gonna come after him. He got the jump with his "case" against me that was dismissed this week. He never got my application from the job I wanted to get. He has harassed my family,and myself alot. This is about control and $$ for him. He has tried to ruin me financially. I want to hurt him financially. But I want to make sure I have a case that will not be a waste of time and $$. I am not saying everything that has happened to me while working for this jerk. No, I did'nt sleep with him, but he wanted to and he is married. This truly is a mess. I will have to find a lawyer. One I had is just a defense lawyer.He did'nt have to do much. Judge was the one pushing for facts and told the States Attrny they had nothing. This only took 6 continuences and the lastone a dismissal.
 

JETX

Senior Member
But I want to make sure I have a case that will not be a waste of time and $$.
Nothing in your posts comes close to illegal 'harassment'. There is no such thing as legal protection from an employer who was "getting into my personal life".

I will have to find a lawyer.
Since you really have NO case.... you won't find an attorney to take this on contingent fee basis... so you will need to have at LEAST $10,000 CASH to bring this case to trial.

Save yourself a lot of grief and ordeal and move on with your life.
 

cbg

I'm a Northern Girl
The term, hostile work environment, has a very specific meaning in employment law. Unless you were being subjected to either sexual harassment or illegal discrimination/harassment under Title VII (race, religion, national origin etc.) you were not, legally, in an HWE, no matter how unpleasant the working atmosphere may have been.
 

commentator

Senior Member
Since you have not previously filed for unemployment, there might at this late date be an issue of your monetary eligibility for benefits. If this is the case, no attorney in the world could make it happen, there is no case, there will be no unemployment benefits. Because every quarter since you worked, your wages have gone away. But file immediately. Incidentally, you will never be paid any unemployment benefits for the time before you filed, any approved claim will start as of the date you filed, there can be no compensation for the time you were off work before you filed for benefits.

If you do qualify, and are approved to draw, it will cause your employer's unemployment tax rate to go up. If he was harrassing you and created a hostile work environment so bad you had to quit the job, this is justified.
If he has been as shoddy about paying his unemployment taxes to the state as he is about paying the IRS, it will show up, and he will be forced to make up any unpaid taxes from the past.

Likewise, it is also a good way to gain some control and satisfaction, as the unemployment process is very cut and dried and is not subject to the "old boy network." If you prove that you had a good work related reason to quit the job, you may be approved (provided your monetary eligibility is in place.)
 

In a rut

Junior Member
There was harrasement at work. that was why i quit. He would do back ground checks on guys that I dated and talk about this at work. he also had his friend(a detective for sheriffs dept) call me to talk to me about my boyfriend. He had his phone # circled and told me he was gonna call ro talk to me. That was the last straw. This case was dismissed on 12/31. I checked my Email today. My ex-boss sent me a email that states"Call me before charges are refiled" on 1/1/10. Called my lawyer and he said to contact P.D. So they are coming by tomorrow. They probaly can't do much. I have had to deal with him harrasing my family and myself through all of this.
 

commentator

Senior Member
File for your unemployment insurance today. It isn't up to anyone but them to decide if you quit your job for a good work related reason. Or, for that matter if you have enough wages in the base period to set up a claim right now.
 

In a rut

Junior Member
Finally some good news. Talked to PD today. Gave them a copy of the email I recieved told them about situation. They contacted States Attrny. I am to write everything I have been put through while working for my ex-boss and everything since. Right now according to SA we have Stalking,defimation of Character and Harrasement. More charges could be filed depending on my written report to them. Finally they have woken up and will listen. Thanks!!
 

In a rut

Junior Member
Yes they are!! Along with other charges against him. Also found out that they are sending out invoices to clients that had their invoices cleared out. This is how this went:people would bring in their vehicles to get worked on. Some would pay in cash. The invoice shows the works done,but no $$ amount for parts,labor,or a total. Everything was zeroed out. PD is asking clients how they paid these invoices. These invoices were before and while I worked there. Time will tell what happens. I expect the worst and hope for the best. I have the actually SA looking into this. Not the assistant SA thaat tried to prosecute me. By law can the Assistant SA have anything to do with my case against my boss?? I hope he can't touch it.
 

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