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Junior Member
I HAVE A FRIEND WHO RECENTLY WAS DENIED UNEMPLOYMENT BENEFITS BECAUSE HIS EMPLOYER STATED WAS DISCHARGED DUE TO MISCONDUCT. HE FILED AN APPEAL. UPON THE HEARING LAST FRIDAY, HE RECEIVED A TELEPHONE CALL FROM THE DOCKET CLERK WHO ASKED IF HE NEEDED AN INTERPRETER. HE SAID YES HE DID AND THE CLERK INFORMED HIM THAT HE WOULD APPEAR BY TELEPHONE. UPON THE JUDGE SWEARING THE PARTIES FOR THE HEARING IN (TELEEPHONIC CONFERENCE), THE JUDGE SSAID THAT HE WAS NOT GOING TO SWEAR IN THE INTERPRETER BECAUSE HE THOUGHT THAT BECAUSE THE CLAIMANT COULD UNDERSTAND HIS QUESTIONS AND ANSWERED HIM IN ENGLISH (ASKED HIM HIS NAME, ADDRESS, SS NO.
THAT HE FELT THAT THE CLAIMANT DID NOT NEED AN INTERPRETER AND ALSO INFORMED ME (I WAS GOING TO BE HIS REPRESENTATIVE FOR HIS CLOSING STATEMENT), THAT I WAS NOT ALLOWED TO DO THAT EITHER BECAUSE I NEVER FILED AN NOTICE TO APPEAR!
THE RULES AS STATED INDICATES THAT I SHOULD HAVE BEEN ALLOWED TO SPEAK AND APPEAR WITH THE CLAIMANT BECAUSE I WAS THE ONE HELPING HIM TO PUT THE QUESTIONS TOGETHER RE; HIS CASE, ETC. AND WAS NOT RECEIVING ANY COMPENSATION FOR IT. tHE INTERPRETER THAT i HAD ON STANDBY AT THE des OFFICE WAS NOT ALLOWED TO BE AWORN IN NOR TO INTERPRET FOR THE CLIAMANT BECAUSE THE JUSTDGE, AS STATED ABOVE, SAID THAT THE CLIAMANT, (THE JUDGE) SAID HE THOUGHT THE CLAIMANT HAD A GOOD UNDERSTANDING OF THE ENGLISH LANGUAGE, WHICH HE DID NOT.
THE INTERPRETER AT THE des OFFICE AND HER SUPERVISOR ARE GOING TO WRITE A LETTER ON BEHALF OF THE CLAIMANT STATING THAT THE JUDGE ERRED IN HIS DECISION AND HE SHOULD "NOT HAVE ASSUMED" THAT THE CLAIMANT DID NOT NEED AN INTERPRETER. THE CLAIMANT HAS A HARD TIME, IF HE CAN AT ALL, READING ENGLISH. STILL THE JUDGE DIDN'T CARE.
MY FRIEND THINKS THAT HE HAS A VERY GOOD DISCRIMINATION CASE AGAINST DES. SHOULD HE PURSUE IT? I THINK IT WOULD BE WISE IF HE DOES?
ANY COMMENTS?
p.s. WE ALSO INFORMED THE APPEALS COURT AND THE JUDGE BY WAY OF FAXING TO HIM A LIST OF QUESTIONS TO ASK THE EMPLOYER (WHICH HE ALSO DENIED DOING) AND WE INFORMED THEM ON THE SAME FAX (WELL IN ADVANCE OF THE HEARING) THAT I WAS ALSO GOING TO BE PRESENT AND HE STILL DISALLOWED IT? i BELIEVE ALSO THAT THE CLAIMANT'S CONSTITUTIONAL RIGHTS HAVE BEEN VIOLATED ALSO BY THIS JUDGE'S ACTIONS.
THAT HE FELT THAT THE CLAIMANT DID NOT NEED AN INTERPRETER AND ALSO INFORMED ME (I WAS GOING TO BE HIS REPRESENTATIVE FOR HIS CLOSING STATEMENT), THAT I WAS NOT ALLOWED TO DO THAT EITHER BECAUSE I NEVER FILED AN NOTICE TO APPEAR! THE RULES AS STATED INDICATES THAT I SHOULD HAVE BEEN ALLOWED TO SPEAK AND APPEAR WITH THE CLAIMANT BECAUSE I WAS THE ONE HELPING HIM TO PUT THE QUESTIONS TOGETHER RE; HIS CASE, ETC. AND WAS NOT RECEIVING ANY COMPENSATION FOR IT. tHE INTERPRETER THAT i HAD ON STANDBY AT THE des OFFICE WAS NOT ALLOWED TO BE AWORN IN NOR TO INTERPRET FOR THE CLIAMANT BECAUSE THE JUSTDGE, AS STATED ABOVE, SAID THAT THE CLIAMANT, (THE JUDGE) SAID HE THOUGHT THE CLAIMANT HAD A GOOD UNDERSTANDING OF THE ENGLISH LANGUAGE, WHICH HE DID NOT.
THE INTERPRETER AT THE des OFFICE AND HER SUPERVISOR ARE GOING TO WRITE A LETTER ON BEHALF OF THE CLAIMANT STATING THAT THE JUDGE ERRED IN HIS DECISION AND HE SHOULD "NOT HAVE ASSUMED" THAT THE CLAIMANT DID NOT NEED AN INTERPRETER. THE CLAIMANT HAS A HARD TIME, IF HE CAN AT ALL, READING ENGLISH. STILL THE JUDGE DIDN'T CARE.
MY FRIEND THINKS THAT HE HAS A VERY GOOD DISCRIMINATION CASE AGAINST DES. SHOULD HE PURSUE IT? I THINK IT WOULD BE WISE IF HE DOES?
ANY COMMENTS?
p.s. WE ALSO INFORMED THE APPEALS COURT AND THE JUDGE BY WAY OF FAXING TO HIM A LIST OF QUESTIONS TO ASK THE EMPLOYER (WHICH HE ALSO DENIED DOING) AND WE INFORMED THEM ON THE SAME FAX (WELL IN ADVANCE OF THE HEARING) THAT I WAS ALSO GOING TO BE PRESENT AND HE STILL DISALLOWED IT? i BELIEVE ALSO THAT THE CLAIMANT'S CONSTITUTIONAL RIGHTS HAVE BEEN VIOLATED ALSO BY THIS JUDGE'S ACTIONS.
