Currently in Unemployment Appeal

[whitemenace]

What is the name of your state (only U.S. law)? CA

I recently filed for unemployment benefits and received a notice of determination/ruling today in the mail. My time card and wages were being altered by my employer, and I gave the employer a substantial amount of time and reasoning to resolve the problem, but to no avail. I am currently in the process of filing an appeal and I feel I presented my initial filing fairly well with substantial evidence and information including copies of time cards, paystubs, and memos. I resigned from my most recent job in mid-July because I believe my employer effectively forced me to resign through altering my time card and wages and I had explored all reasonable options before resigning from said job. The time card problems were presented to my supervisor who directed the complaint to the employer via phone conference and a printed memo. I do realize that my chances are slim, but does anyone else think that this is a wrong way to treat your employee who was dedicated to the company for 10 years?!

 

[phase08]

but does anyone else think that this is a wrong way to treat your employee who was dedicated to the company for 10 years?!

Yes, that was wrong and not very nice. Is that your only question?

 

[pattytx]

Did the "reasonable option" you took (and it should have been your first one) include filing a claim for unpaid wages with the DLSE? If it did not, then you DID have another choice other than quitting.

 

[commentator]

Or, quitting AND filing with the Dept of Labor Wage and Hour department. You still have the right to try and recoup the money that was not paid to you.

So you received a notice of determination which I assume denied your benefits. You have a time limit in which to ask for an appeal hearing. Do this immediately. You do not have to present your material related to the case with this appeal, just get something out there to them that says you want to appeal this decision.

Actually, if you present your material well, I think you have a pretty good chance to prevail in a hearing. Ask for an in person hearing, if given the option. My philosophy is, you're not working, you have the time to show up for an in person hearing, this takes away the convenience of the employer sitting comfortable in their own office lying about you. At least they have to make a serious effort to come to another location to do it!

You will continue to file the weekly certifications for benfits. This is important. If you do win the appeal, you would be back paid for weeks you have filed for. Otherwise, your claim will start from there on.

When you have your hearing, present your documentation, when you first became aware this was happening, that you spoke with your supervisor and requested the "mistake" be corrected, what you were told, when it happened again, what you tried to do before resolving the problem. In fact, I'd also throw in that I talked to the Wage and Hour people after quitting in an effort ot get my hours paid correctly.

While you could have done this while you were still working, it would very probably have gotten you fired anyhow, which would have been better from an unemployment standpoint. But you have to deal with what did happen, which is that you quit first.

Not being paid for hours owed is (in my opinion) one of those "good job related reasons to quit a job" if it is persistent and continues after you have made good faith efforts to correct the situation. In other words, not just a one time error, a whole pattern of the managers doing this to employees to control departmental overtime or something.

 

[pattytx]

Just saying that "no other choice but to quit" because wages were not being correctly paid would not be true IF the OP never filed a wage claim to begin with.

 

[whitemenace]

I did file a wage claim with the DLSE, but it wasn't until after I resigned from my position at the company. The claim is still pending. I am not hesitating on the appeal process for the unemployment benefits (20 day limit). Hopefully the Administrative Law Judge will rule in my favor after my case is presented. Only time will tell.

 

[pattytx]

Well, since you waited until after you quit to file the claim, I wouldn't be overly optimistic. But I've been surprised before.

This is just anecdotal evidence, mind you, but from seeing the posts from workers on the several forums to which I contribute, employers are being MUCH more proactive in disputing claims and appealing decisions. The states also appear to be MUCH less likely to at least listen to the employer's protests. Although UI benefits were never a slam dunk, in this economy, they seem to not even be a lay-up any more.

Just my $.02.