What is the name of your state (only U.S. law)? Colorado
I had worked as a service technician at a small amusements company for less than 2 months before I was laid-off. In the time shortly leading up to my being laid-off it was clear that business was slow and that they were struggling to find things for me to do during my shift. As this was obvious to me, I approached my boss and asked him how this would affect me. He agreed that business was slow, confirming that he had just recently lost 3 accounts, and that if I found a new job in the meantime that I should accept it. I asked him if he could provide me with 30 days notice before letting me go, he initially agreed to that but on the following day he said that he couldn't give me any set notice. On Wednesday, August 26th I was told that Monday, August 31st would be my last day on the job (the last day of the pay period). I called off the following day, Thursday, so that I could research how to apply for unemployment and begin searching for a new job. When I called to inform my boss that I was calling in that day, and that I would be in the next day, Friday, he told me not to bother and to just go ahead and come in on Monday to get my paycheck. Him and I shook hands on Monday and it seemed as if we were parting on good terms.
A month later, after having applied for unemployment and failing to find a new job that paid comparably, I received a letter from the Unemployment Office stating that I'm being denied benefits because when they contacted my boss he said I quit coming to work, resigning my position. This is an OUTRIGHT lie. I've appealed the decision but I won't even receive a hearing date for at least 6-8 weeks as they're very busy right now. I'm ruined financially, I won't be able to survive these next 6-8 weeks without collecting benefits, but there's really nothing I can do to expedite the process so I'm doing my best to find work at a staffing agency in the meantime so that I can survive. And when I do have the hearing, it's his word against mine - I have no documentation proving that I was laid-off and he has no documentation proving that I quit.
What can I do in the meantime to prepare for this hearing? I'd love to collect information which would support my position but I'm not a P.I., what can I do? I've contacted an attorney but they want $220 just for the initial consultation and I can't afford that (much less the money that would be required to have him try the case for me). I can provide a motive for his laying me off, the 3 accounts he lost in the weeks leading up to me being asked to leave, but I have no way to prove that.
Additionally, this employer has a history of being unable to keep people on staff - there have been a dozen or more people in my position in less than 2 years, most of them quitting or being fired.
Any help would be greatly appreciated as I can't let this man get away with this.