Unemployment compensation mess

[cbg]

I don't. I hope he falls so completely flat on his face that he finally has to accept what a fool he is to keep holding onto this issue.

 

[RedemptionMan]

I do not think this will work at all. Mainly because the information provided within the unemployment agency is just that, information privy to this agency. A quick call to the agency Appeals section may be what it takes to explain this to you. But since you have listened so seldom to anything I have tried to tell you, all I can say is have at it.

Let someone else tell you. Frankly, I think you should move on with your life. You won the appeal, you have another job, your refusal to let go of this speaks seriously about your rationality. As I spent many posts trying to tell you, hiring an attorney was not mandatory, was not necessary, and was not money well spent. It was totally a choice on your part.

You certainly can't sue them for compensation for the unemployment insurance you did not get, because you did get it. You just didn't get overpaid and have to pay it back.

Your perception that their "lies" were the reason you went through the hearing and appeals process is completely wrong. Under federal law and statute, this employer had the right to appeal and say anything they pleased in response to the legal and mandatory inquiries of the unemployment system regarding your separation. That this did not happen at the beginning of the claim, due to a clerical error, in no way changes your responsibility, at any point during the claims process or even after, to respond to a legitimate protest by the employer. They had the right to raise issues. You had the right to respond, show up for the hearing, and demonstrate that you were not overpaid. You were in no way obligated to hire an attorney or incur expenses to do this.

But go on, go for it. Let somebody besides me tell you.

I hope you get millions and set dramatic precendent and change the whole face of the unemployment system. Best of luck. Amen.

Your advise has been helpful but that is not the scope of what a small claims process is. The goal is not millions and/ or to make money. The goal is to lay claim to money that I had to spend to fight their lies. It is a small claim and handled in small claims court. They had a right to appeal, as you pointed out but the 3rd party through their lack of diligence and/ or incompetence crafted a statement that was a blatant untruth and a complete and utter lie. It was proven as such and my goal is not damage anything or anyone. Again, I am just trying to get my money back for expenses (gas fees, expenses, and attorney fees) incurred in fighting this. They had me sweating and worried for over a month about this and their false statements. Is it worth 160 bucks to maybe get back 600 or so? Maybe, but my goal is to damage their pockets for something they could have investigated and tried on their own. They lied and they had the right too, I agree but I have a right to lay claim to the fees associated with fighting the lies regardless of whether or not an attorney was or was not required. Again, it is something that I am just wanting to see if I should do not that I will do.

If I could find precedence or cases in which this has/ had been done successfully before then I would be more confident taking this before a smalls claim judge.

 

[commentator]

"If I could find precedence or cases in which this has/ had been done successfully before then I would be more confident taking this before a smalls claim judge."

There isn't any. That should cue you to something. It won't, but it should.

 

[RedemptionMan]

"If I could find precedence or cases in which this has/ had been done successfully before then I would be more confident taking this before a smalls claim judge."

There isn't any. That should cue you to something. It won't, but it should.

there isn't any real precedence for the appeals hearings either but people do win those. Again, I think you misunderstand the goals of what this is trying to accomplish. Nothing more than a claim on that third party company in order to get my money back. Not seeking punitive damages or something more than what I spent defending their false statements. I hate these third party companies they want to save some money and see their BS services to companies well they should be held accountable for their actions.

I appreciate your advice and you know a lot about unemployment. I think maybe I should have asked this in the small claims section.

 

[cbg]

If you take this to small claims court you will lose.

I don't know how to put it any more plainly than that.

 

[RedemptionMan]

If you take this to small claims court you will lose.

I don't know how to put it any more plainly than that.

and your absolutely incorrect advice means even less to me than taking the time to post an even more meaningless reply to it.

but whatever, I have successful won a small claim judgement against a former employer and it was for 3 grand so if your reply would have had something in like here are a few cases and they lost it might bring credence to your non-credible statement.

 

[cbg]

Fine. Have at it.

But you'd better be prepared to scan and post the paperwork proving you won this one, because if you come back and say you prevailed in this case without it I'll call you a liar.

The fact that you successfully won a previous case does NOT mean you'll win this one. You have absolutely no legal grounds on which to sue.

 

[RedemptionMan]

Fine. Have at it.

But you'd better be prepared to scan and post the paperwork proving you won this one, because if you come back and say you prevailed in this case without it I'll call you a liar.

The fact that you successfully won a previous case does NOT mean you'll win this one. You have absolutely no legal grounds on which to sue.

The duress and psychological grounds dealing with this just so happens to equate to the monetary damages of recovering my attorney fees, gas expenses and toll fees. Those are grounds plus you really think this company would send a lawyer to a small claim hearing over a few hundred dollars? I think they would be more than willing to settle and if they did not, they are going to spend thousands of dollars defending this. I just need to double check the law and make sure that there is no stipulation in the unemployment section in regards to attorney fees. Otherwise I think it is worth a shot.

plus I am probably going to law school so I need the experience and yes it will be an ABA approved school

 

[cbg]

Alrighty then.

 

[Blutodidit]

The duress and psychological grounds dealing with this just so happens to equate to the monetary damages of recovering my attorney fees, gas expenses and toll fees. Those are grounds plus you really think this company would send a lawyer to a small claim hearing over a few hundred dollars? I think they would be more than willing to settle and if they did not, they are going to spend thousands of dollars defending this. I just need to double check the law and make sure that there is no stipulation in the unemployment section in regards to attorney fees. Otherwise I think it is worth a shot.

plus I am probably going to law school so I need the experience and yes it will be an ABA approved school

With all due respect, I hardly think your Defendants are going to spend thousands of dollars defending a small claims matter! Let it go! You won your hearing! Get on with your life!

 

[quincy]

The duress and psychological grounds dealing with this just so happens to equate to the monetary damages of recovering my attorney fees, gas expenses and toll fees. Those are grounds plus you really think this company would send a lawyer to a small claim hearing over a few hundred dollars? I think they would be more than willing to settle and if they did not, they are going to spend thousands of dollars defending this. I just need to double check the law and make sure that there is no stipulation in the unemployment section in regards to attorney fees. Otherwise I think it is worth a shot. ...

You might want to look at Tennessee's anti-SLAPP statute, RedemptionMan. I fear you may become acquainted with it in a most unpleasant way if you decide to sue.

It appears from what I've read in this thread of your adventures, all that was communicated about you was "privileged."

See Tennessee Code Ann. §§4-21-1001 to 4-21-1004. The Public Participation Project website's link to the law: http://www.anti-slapp.org/your-states-free-speech-protection/

 

[RedemptionMan]

You might want to look at Tennessee's anti-SLAPP statute, RedemptionMan. I fear you may become acquainted with it in a most unpleasant way if you decide to sue.

It appears from what I've read in this thread of your adventures, all that was communicated about you was "privileged."

See Tennessee Code Ann. §§4-21-1001 to 4-21-1004. The Public Participation Project website's link to the law: http://www.anti-slapp.org/your-states-free-speech-protection/

That is all fine and dandy but even if they try to do that, it could back fire on them....

"unless a statement or report was made with knowledge that it was false or with reckless disregard of whether it was false."

I won my hearing, they reported a knowing untrue statement off as FACT in order to get something over turned. This resulted in a wanton disregard for a known fact for this particular situation. This does not deal with public officials and officers nor does it deal with freedom of speech. If you knowingly and purposely give a statement of untruth and report that statement then that is libel and amounts defamation. This is a tort and subject to civil adjudication.

actually your argument strengthens my case while not weakening it.

 

[quincy]

... actually your argument strengthens my case while not weakening it.

If you say so.

I suggest you speak with an attorney in your area.

 

[RedemptionMan]

If you say so.

I suggest you speak with an attorney in your area.

an attorney is not going to take a small claim case but I do appreciate you pointing that law out. It looks like something at this point I am not going to mess with. While I think I have a strong case, I really do not want to get into a bully situation. If I lived in a non anti-SLAPP state then I would do it; however, I have a feeling this is why those 3rd party companies operate in these states and not the ones that do not have those laws. I still think it amounted to defamation and reporting a known lie is libel but glad I asked here because I have never heard of those laws before and I am sure they would pursue it. My 600 dollar small claim is not worth the possible counter claim for their corporate legal fees.

thanks

 

[RedemptionMan]

stop the trolling trolls. Again, I said it was defamation and telling a known LIE as the truth and if there was not the anti-SLAPP crap there then I would 100 percent file this thing. So, if you can not say something nice or make some comment that does not come off as trolling then say nothing at all. I think they should have to pay my legal fees since they lied to a governmental agency and that lie was reckless and without regard to me.

thx