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Fired, demanded resignation letter or no final pay, Now fighting UC

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bella99

Junior Member
What is the name of your state? PA

I worked for my former employer (part time) for 5 years (sole-proprietor/small business). During that time my job responsiblilities grew and grew to the point I was given a management title (so that I could run things when my boss didn't come to work) without any increase in my $5.50 per hr pay during the 5 years (even after being give management title). I'm not one to complain, and I enjoyed my job and the other employees so I always complied with my boss's requests even though I was starting to feel like I was being taken advantage of (other people could see that I was).

Last year the business tripled in size and so did my responsibilities. I began to feel overwhelmed and gave a two-week notice. My boss begged me to stay and said that they understood my feeling overwhelmed and agreed that my job was getting too overwhelming for one person. They offered, that if I stayed they would lighten my load by hiring some other employees to share in the job responsibilities. I stayed and for a few months things were better after other employees were hired.

However, about 4 months ago my job started going back to the way it was after both of the employees they hired quit and were not replaced. On one particular friday it got to be very stressful and I confronted my boss about how things were back to the way they were. And she got very upset with me and asked me to just LEAVE right NOW. So I filled out my time card and left immediately..

The following monday (which should have been my next day scheduled work day). I recieved a letter in the mail saying that I would reiceve my last paycheck after I send a letter of resignation. But I never did because I didnt' resign... she asked me to leave. It has been 6 weeks and I have NOT yet recieved my final paycheck. I saved the letter and filed a complaint with the state.

I filed for unemployment (I included her demand for resignation letter) and my boss appealed it, but I got a letter saying I'd won. Now she is appealing it again and there will be a hearing. She is saying that I quit and that she has another employee who says that I told them that I had quit and that person will be at the hearing. I NEVER told anyone that I quit!!! I may have stated that I was getting frustrated but I wouldn't have left without a two weeks notice and without another job to go to.

She has done this in the past with other people. But they all gave in and sent the letter and were not eligble for Unemployement.

What should I do?
 
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K

katrinagardener

Guest
bella99 said:
What is the name of your state? PA

I worked for my former employer (part time) for 5 years (sole-proprietor/small business). During that time my job responsiblilities grew and grew to the point I was given a management title (so that I could run things when my boss didn't come to work) without any increase in my $5.50 per hr pay during the 5 years (even after being give management title). I'm not one to complain, and I enjoyed my job and the other employees so I always complied with my boss's requests even though I was starting to feel like I was being taken advantage of (other people could see that I was).

Last year the business tripled in size and so did my responsibilities. I began to feel overwhelmed and gave a two-week notice. My boss begged me to stay and said that they understood my feeling overwhelmed and agreed that my job was getting too overwhelming for one person. They offered, that if I stayed they would lighten my load by hiring some other employees to share in the job responsibilities. I stayed and for a few months things were better after other employees were hired.

However, about 4 months ago my job started going back to the way it was after both of the employees they hired quit and were not replaced. On one particular friday it got to be very stressful and I confronted my boss about how things were back to the way they were. And she got very upset with me and asked me to just LEAVE right NOW. So I filled out my time card and left immediately..

The following monday (which should have been my next day scheduled work day). I recieved a letter in the mail saying that I would reiceve my last paycheck after I send a letter of resignation. But I never did because I didnt' resign... she asked me to leave. It has been 6 weeks and I have NOT yet recieved my final paycheck. I saved the letter and filed a complaint with the state.

I filed for unemployment (I included her demand for resignation letter) and my boss appealed it, but I got a letter saying I'd won. Now she is appealing it again and there will be a hearing. She is saying that I quit and that she has another employee who says that I told them that I had quit and that person will be at the hearing. I NEVER told anyone that I quit!!! I may have stated that I was getting frustrated but I wouldn't have left without a two weeks notice and without another job to go to.

She has done this in the past with other people. But they all gave in and sent the letter and were not eligble for Unemployement.

What should I do?
I am sorry to read this. Welcome to the wonderful archaic world of "At Will Employment."

Here is a wesite you may find useful.

Good Luck!


http://www.workrights.org/issue_discharge/wd_legislative_brief.html
 

BelizeBreeze

Senior Member
bella99 said:
What is the name of your state? PA

I worked for my former employer (part time) for 5 years (sole-proprietor/small business). During that time my job responsiblilities grew and grew to the point I was given a management title (so that I could run things when my boss didn't come to work) without any increase in my $5.50 per hr pay during the 5 years (even after being give management title). I'm not one to complain, and I enjoyed my job and the other employees so I always complied with my boss's requests even though I was starting to feel like I was being taken advantage of (other people could see that I was).
There is nothing in law that requires you to be paid for the TYPE of work you do, only for the hours worked.
Last year the business tripled in size and so did my responsibilities. I began to feel overwhelmed and gave a two-week notice. My boss begged me to stay and said that they understood my feeling overwhelmed and agreed that my job was getting too overwhelming for one person. They offered, that if I stayed they would lighten my load by hiring some other employees to share in the job responsibilities. I stayed and for a few months things were better after other employees were hired.
Irrelevant.
However, about 4 months ago my job started going back to the way it was after both of the employees they hired quit and were not replaced. On one particular friday it got to be very stressful and I confronted my boss about how things were back to the way they were. And she got very upset with me and asked me to just LEAVE right NOW. So I filled out my time card and left immediately..
o.k.
The following monday (which should have been my next day scheduled work day). I recieved a letter in the mail saying that I would reiceve my last paycheck after I send a letter of resignation. But I never did because I didnt' resign... she asked me to leave. It has been 6 weeks and I have NOT yet recieved my final paycheck. I saved the letter and filed a complaint with the state.
Contact your state Department of Labor and file a formal complaint.
I filed for unemployment (I included her demand for resignation letter) and my boss appealed it, but I got a letter saying I'd won. Now she is appealing it again and there will be a hearing. She is saying that I quit and that she has another employee who says that I told them that I had quit and that person will be at the hearing. I NEVER told anyone that I quit!!! I may have stated that I was getting frustrated but I wouldn't have left without a two weeks notice and without another job to go to.
Then you need to appear at the hearing and tell your side of the story. The notice is irrelevant.
She has done this in the past with other people. But they all gave in and sent the letter and were not eligble for Unemployement.

What should I do?
If you know any of these ex-employees then ask them for notorized statements or to attend the hearing with you.

But first thing in the morning, call your state's department of labor and file a formal complaint for the last check.
 

bella99

Junior Member
BelizeBreeze said:
There is nothing in law that requires you to be paid for the TYPE of work you do, only for the hours worked.

Irrelevant.

o.k.

Contact your state Department of Labor and file a formal complaint.

Then you need to appear at the hearing and tell your side of the story. The notice is irrelevant.

If you know any of these ex-employees then ask them for notorized statements or to attend the hearing with you.

But first thing in the morning, call your state's department of labor and file a formal complaint for the last check.
I filed a complaint with The Pa Wage Compliance Dept (included a copy of the handwritten letter on her letterhead) the same week I recieved the letter. I called to check on status last week and they said that it was assigned to an investigator in my area. So things are progressing there.

I am not trying to argue the amount of pay I recieved. My reason for stating this is to explain what led up to the situation.

I guess I am just looking for tips on what to bring to the hearing, what points of my story are most important to stress.

Thanks for the tip on bringing notarized statements from former employees. I'm sure they'd be willing to do that, but they have other jobs and it could be difficult for them to attend a hearing.
 

BelizeBreeze

Senior Member
bella99 said:
I filed a complaint with The Pa Wage Compliance Dept (included a copy of the handwritten letter on her letterhead) the same week I recieved the letter. I called to check on status last week and they said that it was assigned to an investigator in my area. So things are progressing there.

I am not trying to argue the amount of pay I recieved. My reason for stating this is to explain what led up to the situation.

I guess I am just looking for tips on what to bring to the hearing, what points of my story are most important to stress.

Thanks for the tip on bringing notarized statements from former employees. I'm sure they'd be willing to do that, but they have other jobs and it could be difficult for them to attend a hearing.
The notorized statements are to counteract the witness she may bring. Nothing more. Also take any correspondence you have received from the Wage Compliance Dept. including your case number.

The hearing officers are not idiots.
 

bella99

Junior Member
Thanks. You have no idea how nervous I am about this hearing. She can be sooo intimidating. And she has made the comment to many times while I worked for her "I NEVER lose".

I hope that the letter she sent really hurts her case. But I dont' know if the officer will even take that into consideration since he does not handle those types of complaints.

Since I've been gone from the job, I've found out that there are numerous things she is doing illegally. Such as bookeeping & payroll issues as well activities that are prohibited by her state license. These things have all enabled her to live like "royalty" and get free state health insurance for her family.
 

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