I am really not worried about future employers calling my other references, I just don't want the company to say anything bad about me because like I said, apart from standing up to them, my employee record is spotless. I have tried to contact the investigator over my EEOC case numerous times and have been unable to reach her so I have left several messages in hopes she will return the call soon. Meanwhile after speaking to a friend I decided to go forth with filing retaliation aginst the company. Their refusal to put anything in writing makes me uneasy. I guess I'll just have to see what happens. Thanks for the advice.
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I quit!!
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Heard back from the EEOC this morning, hopefully things will start happening. Just from speaking with them, the retaliation thing seems to be a go. They agree with most of what I was complaining about. eerelations was right on everything and am getting somewhere after following that advice so thanks again.
eerelations
Senior Member
Wow, thanks for the thanks! I'm so used to getting yelled at, abused, harassed and threatened when I provide accurate info that I'm really touched...thanks again, you've made my day! 
Thanks for the help so far guys, but now I have another question. I was told to go ahead and "try for unemployment" based on the retaliation at work that EEOC is dealing with. I filed then was supposed to call and claim a check, I did all that. The question is, am I supposed to get a letter or something stating whether or not I will be awarded unemployment? Also, I have read through all the stuff on UI I can find and some of it talks about having to repay it if a decision is reversed. I am having a hard time understanding this. I called the local office but they couldn't really tell me anything except to continue to claim UI every 2 weeks. Meanwhile, still job hunting so wish me luck!
commentator
Senior Member
Okay, you filed your claim for benefits. You told them the whole gory story about why you are no longer working there. In other words, you did resign from your job, but you maintain that it was for a good job related reason ( you were being harrassed and mistreated because you had filed an EEOC complaint.) Now the unemployment office will take a few weeks, hopefully no more than two or three, to make what is called an "initial decision." They will have called your company, where they will doubtless have been told that you resigned for personal reasons and that they have your letter of resignation on file. An ajudicator will put the two stories together, and make a decision about whether you should receive benefits or not.
In the meantime, after you have filed, you should receive a letter showing that you are "monetarily eligible" for benefits. This does not mean your claim has been approved or denied, it will mean that you had sufficient wages to set up a claim for x number of dollars a week, for x number of weeks.
In the meantime, you are filing for weeks as they pass, stating that you are able, available and actively seeking work. This is called 'certifying' for weeks.
If your claim is approved, you will be back paid for each week you have certified since the claim was filed. You will continue to certify each week in order to receive unemployment checks until you find another job.
If your claim is denied on initial decision, you will receive no money, but you will keep filing for weeks, and you will be told you can request a hearing, where the case would be looked at further. This will be you and the employer and the appeals referee, either in person or by telephone conference call. If you win in this hearing, you would be back paid for all the weeks you have certified and would continue receiving checks from then on.
If your claim is approved on initial decision, you will begin receiving weekly checks then. Your employer will be told they have the right to request an appeals hearing. If they chose to do this, you and they will both be notified of a hearing to be held, at which time you will both tell the reasons for your leaving the company in front of an appeals referee. They will maintain you quit without a good reason. You will maintain that you had an excellent reason. You would, at this time, present your material from EEOC, showing that it has been determined that you have a case, and that you may be moving forward with it at this time.
If, by some chance, the employer prevailed, and won this hearing decision, your benefits would stop, and you would be charged with an overpayment of the unemployment checks that you had received up to the hearing. If they don't get the decision changed, of course, you keep receiving the weekly checks. But frankly, I think you have a pretty good chance of winning this one. Just be sure you keep in mind that you had a good job related reason to quit your job. Be ready to detail all the incidents of harrassment that occurred.
Remember that EEOC and unemployment do NOT share information, in other words, one department will not know anything about what the other department has told you or what is being done. It is your job to put this information in the hands of the unemployment office.
In the meantime, after you have filed, you should receive a letter showing that you are "monetarily eligible" for benefits. This does not mean your claim has been approved or denied, it will mean that you had sufficient wages to set up a claim for x number of dollars a week, for x number of weeks.
In the meantime, you are filing for weeks as they pass, stating that you are able, available and actively seeking work. This is called 'certifying' for weeks.
If your claim is approved, you will be back paid for each week you have certified since the claim was filed. You will continue to certify each week in order to receive unemployment checks until you find another job.
If your claim is denied on initial decision, you will receive no money, but you will keep filing for weeks, and you will be told you can request a hearing, where the case would be looked at further. This will be you and the employer and the appeals referee, either in person or by telephone conference call. If you win in this hearing, you would be back paid for all the weeks you have certified and would continue receiving checks from then on.
If your claim is approved on initial decision, you will begin receiving weekly checks then. Your employer will be told they have the right to request an appeals hearing. If they chose to do this, you and they will both be notified of a hearing to be held, at which time you will both tell the reasons for your leaving the company in front of an appeals referee. They will maintain you quit without a good reason. You will maintain that you had an excellent reason. You would, at this time, present your material from EEOC, showing that it has been determined that you have a case, and that you may be moving forward with it at this time.
If, by some chance, the employer prevailed, and won this hearing decision, your benefits would stop, and you would be charged with an overpayment of the unemployment checks that you had received up to the hearing. If they don't get the decision changed, of course, you keep receiving the weekly checks. But frankly, I think you have a pretty good chance of winning this one. Just be sure you keep in mind that you had a good job related reason to quit your job. Be ready to detail all the incidents of harrassment that occurred.
Remember that EEOC and unemployment do NOT share information, in other words, one department will not know anything about what the other department has told you or what is being done. It is your job to put this information in the hands of the unemployment office.
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Thanks commentator. I did give all the reasons why I quit when I applied for UI, including the discrimination and retaliation. Your reply gave me all the info I needed. So you think within a couple a weeks I should be hearing something? Also, if I do have to go to a hearing, do those usually get scheduled pretty quick? I haven't heard anything yet, but I feel like you in that the employer will do everything in their power to prevent getting UI. I just hate all this getting dragged out because hopefully within a couple of weeks I will have a new job and don't want 1,000 things going on at once. Thanks again.
commentator
Senior Member
Do not fall into the trap of saying, "Oh well, this is such a hassle, I just won't go through with it. I'll have another job soon. I don't want to have to deal with these jerks any more. They might say something that hurt my feelings."
In the first place, if you had to leave your job through no fault of your own, and did not have another job to go to, this employer is legitimately obligated to be taxed for your unemployment insurance. And it is not a welfare program, it is insurance, against your being let go through circumstances beyond your control. Do not let them off the hook because it is just a little extra trouble to do what it takes to file and win your hearings.
Second, you may not, in today's economy, find another job very soon. And if so, the money you receive from unemployment will be quite helpful in keeping your solvency. It may not be much, certainly not as much as you would make working, but if you do not find a job right away, why would you leave $10,000 or so lying there that you are eligible to receive?
As for time, you may have to wait quite a few weeks for a hearing. This is an extremely busy time of year, in an extremely busy economic downturn. But remember that if you are certifying as you are supposed to, and you are approved, you will be back paid for each week since you have filed.
You're looking at several weeks until you receive something. In the meantime, of course, you will be diligently looking for other jobs. The first week that you actually work on your new job, you will stop filing for unemployment insurance. But until that time, I would devote some of my time and energy into the approval of my benefits. You know you are in the right, so pursue this as well as the EEOC case.
In the first place, if you had to leave your job through no fault of your own, and did not have another job to go to, this employer is legitimately obligated to be taxed for your unemployment insurance. And it is not a welfare program, it is insurance, against your being let go through circumstances beyond your control. Do not let them off the hook because it is just a little extra trouble to do what it takes to file and win your hearings.
Second, you may not, in today's economy, find another job very soon. And if so, the money you receive from unemployment will be quite helpful in keeping your solvency. It may not be much, certainly not as much as you would make working, but if you do not find a job right away, why would you leave $10,000 or so lying there that you are eligible to receive?
As for time, you may have to wait quite a few weeks for a hearing. This is an extremely busy time of year, in an extremely busy economic downturn. But remember that if you are certifying as you are supposed to, and you are approved, you will be back paid for each week since you have filed.
You're looking at several weeks until you receive something. In the meantime, of course, you will be diligently looking for other jobs. The first week that you actually work on your new job, you will stop filing for unemployment insurance. But until that time, I would devote some of my time and energy into the approval of my benefits. You know you are in the right, so pursue this as well as the EEOC case.
Thank you commentator, and after looking at your advice, I agree. They were wrong and I will not give up easily on the UI or my EEOC case. I'll put forth all the effort I can and hope that justice actually prevails! I'll probably still be checking back in with questions from time to time and will up date you guys as things progress. Happy New Year to all.
I finally got a call from the unemployment office today, he asked a bunch of questions involving the reasons I had to quit my job. I asked him what happens now and he said I would receive a determination letter in 2-4 days. I disclosed everything to him which was exactly what I claimed when I initially filed for UI, including the ongoing EEOC claim. I didn't know they had to call me to take an "official statement". Anyway, now does my employer have the chance to appeal or should they have already done that at the time I filed the claim? If they appeal it (which I am sure they will if it is granted) will I need a lawyer?
commentator
Senior Member
It sounds as though they are just now processing your claim, and are working toward an initial determination. (First decision).They have contacted the employer for their side of the story, and have talked to you. Now the ajudicator will make a decision.
If you get a letter here shortly saying your claim is approved, you'll begin getting benefits at this point. If not, you won't. But either way, the party that loses can file an appeal and request a hearing, either by phone or in person. So if you win the initial decision, then your employer has the option to file an appeal. If you lose, you file the appeal, and keep certifying for weeks. A hearing will be scheduled either in person or by telephone where you and the employer will both be there to present your evidence about whether you had good work related reason to quit your job all over again.
For this hearing, IF there is a hearing, you probably don't need an attorney if you think you can present your case reasonably well. You will need to present all the material you have previously presented, showing your material from the EEOC case, telling the whole story (remember, these two agencies do not cross-share information). Then a second decision will be made by the hearing officer who heard the appeal.
You should be certifying for each week that passes, so that if you are approved, you'll be backpaid for these weeks. Tiresome, drawn out, yes, but eventually worth it if you win. And with EEOC thinking you have enough stuff to move forward on, your chances of approval are reasonably good.
If you get a letter here shortly saying your claim is approved, you'll begin getting benefits at this point. If not, you won't. But either way, the party that loses can file an appeal and request a hearing, either by phone or in person. So if you win the initial decision, then your employer has the option to file an appeal. If you lose, you file the appeal, and keep certifying for weeks. A hearing will be scheduled either in person or by telephone where you and the employer will both be there to present your evidence about whether you had good work related reason to quit your job all over again.
For this hearing, IF there is a hearing, you probably don't need an attorney if you think you can present your case reasonably well. You will need to present all the material you have previously presented, showing your material from the EEOC case, telling the whole story (remember, these two agencies do not cross-share information). Then a second decision will be made by the hearing officer who heard the appeal.
You should be certifying for each week that passes, so that if you are approved, you'll be backpaid for these weeks. Tiresome, drawn out, yes, but eventually worth it if you win. And with EEOC thinking you have enough stuff to move forward on, your chances of approval are reasonably good.
Oh no, commentator, I got denied! Now I am appealing like you said, this really makes me mad because one thing they are sticking on is that continuing work was made available to me...BULL! They told me not to come back and I told the guy from unemployment that when he called. Everything in the initial determination was everything the company had said and it was all lies!!! So far I have about 12 pages of notes and forms supporting everything I told them. Should I send all of that? And that's nothing compared to the entire folder full of the junk they have done. Also, I am going to go to the local unemployment office tomorrow to try and get some advice too. Can you come up with anything before then? Guys, I am flat busted over a lying corrupt company. Please, anything, even a long shot, would be appreciated.
I faxed the appeal today. Is there any advantage to requesting the appeal in person? Obviously, I have no income right now, so would I have to go all the way to Frankfort or will they come here? Another thing, how long should it take to hear back from them now? And thanks again for all the advice guys!!!
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