Employer disputing unemployment & owes pmt for work

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Latest post 01-27-2012 12:12 PM by Drew. 15 replies.
  • 01-18-2012 12:28 PM

    • SoSassy
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    Employer disputing unemployment & owes pmt for work

    Employer disputing my UE claim, saying I quit my job, I did not have proof of otherwise in email. Foward email to UE is wating for approval or disapproval. Will appeal what is the process?

    2. She owes me back pay for additional services, I also was left with 2 of her grandchildren in the office on top of my regular tasks one for one year (from infant to 1 year) the other one now 6yrs old for three years!!! Yes I am not kidding! I was promised reimbursment one year passed then she had tax problems and could not pay me and now this! I know should have forced payment from her long time ago but it was a family busines and we are in a rural area, jobs hard to find and I was afraid of her letting me go. Well she did and now I am fooled. Pls anyone with advise that can make sense, sure feel used and thrown away!

       

  • 01-18-2012 12:41 PM In reply to

    Re: Employer disputing unemployment & owes pmt for work

    SoSassy:
    Employer disputing my UE claim, saying I quit my job, I did not have proof of otherwise in email. Foward email to UE is wating for approval or disapproval. Will appeal what is the process?

    When you appeal the UI folks typically schedule a hearing often by phone.  The burden of proof that you quit is on your employer.  I am hoping you mean you DID have proof via email she terminated you.

    SoSassy:
    I also was left with 2 of her grandchildren in the office on top of my regular tasks one for one year (from infant to 1 year) the other one now 6yrs old for three years

    There is nothing illegal about this. Your duties are what the employer assigns.  Asking you to care for the kids while odd does not violate any labor laws.  She also isn't required by law to pay you extra for doing so.

    SoSassy:
    I was promised reimbursment one year passed then she had tax problems and could not pay me and now this!

    If you are owed wages for working for her you can file with the DOL wage and hour.  If this is "extra" money she verbally promised for watching the kids you can try and pursue that in small claims court.  How successful you would be is unknown.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 01-18-2012 12:49 PM In reply to

    • Drew
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    Re: Employer disputing unemployment & owes pmt for work

    Laymans guess:

    1. At least as to initial burden, employer needs to show you quit if they seek to prevail as to UC claim. .

    2. In many circles, to not pay timely constitutes a constructive dismissal or similar legal words.

    3. If you ramble off about  unsatisfactory working conditions it begins to read like you did quit / walk out  and I'd NOT go down any such road.

    4. If you were required to work extra time for whatever she required you do --and she failed to pay --you may well have a decent claim for wages, and OT if it was that long a day --but thats an unpaid wage claim--a different area of enforcement.

       4.1 Your post is very unclear if you were paid  $X hr  and then to be paid more for longer day and she failed to pay you for longer day  or she promised to pay you extra per Hr for a more demanding day due to grandchildren added to list of duties but you never got any such raise.   Detail matters a lot!



  • 01-18-2012 12:54 PM In reply to

    • SoSassy
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    Re: Employer disputing unemployment & owes pmt for work

    Thanks for reply.

    Yes I do have proof and a saved emailed it has been foward to UE (UI?)

    As far of illigal to watch grandkids I know its not, but I was promised compensation and did not receive one pmt for it! That was 3 years and 2 months working for free that was not in the first job description but was added with an additional compensation (yes that I did not get pd for) 3 years compensation of 35K!!! all together kept track of hours as well!

     

  • 01-18-2012 1:02 PM In reply to

    • SoSassy
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    Re: Employer disputing unemployment & owes pmt for work

    I told unemployment Adjudicator? I loved my job also because I did, I worked part time did my office tasks and had the grandkids on top of that, hours were not prolonged but sure having an infant and another young kid was by no means easy, however I never complained never called in sick never bad mood. Though my employer very difficult to handle, 2 other gals that worked there lasted 6 month each. (Just history, guess not relevant). Husband also worked there and theri 2 sons, constantly fighting each others, yes I know should have found ajob elsewhere, but I did like my job and I live out in the country not a lot of jobs around here!!

     

  • 01-18-2012 1:04 PM In reply to

    • SoSassy
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    Re: Employer disputing unemployment & owes pmt for work

    And to add I still do not know if she fired me or laid me off, and now she is claiming I quit! 

  • 01-18-2012 1:08 PM In reply to

    • SoSassy
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    Re: Employer disputing unemployment & owes pmt for work

    Drew do you mean that cause she did not pay me for grand kids it constitute a constructive dismissal for her not pay me what she owns?

     

  • 01-18-2012 1:28 PM In reply to

    • Drew
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    Re: Employer disputing unemployment & owes pmt for work

    NO.  My lay view

    If you were being paid say $ 10.00hr as a data entry person  and she parked her grandchildren with you and kept promising you more money  but never got around to it that is NOT constructive dismissal..unwise for you to sit there like a chump but not illegal nor a dismissal.

    If you walk off said job --you quit--deadly--you agreed to low wage by your actions--not wise , perhaps not fair, but deadly.

    Now if she  stopped paying you your $10 an hour and the problem was not promptly corrected then to stop paying you entirely is a form of being fired.

    If she drove you off the job by some horrible working conditions /totally unsafe /illegal working condition you might have a good point IF you can prove it  but they better be darn bad conditions and its your job to make the point--and I think its unwise road to seek. Mere low pay is NOT bad!

     

    There might be other issues--but I tried to keep it simple---



  • 01-18-2012 2:55 PM In reply to

    • SoSassy
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    Re: Employer disputing unemployment & owes pmt for work

    Thanks Drew for the Chumpy",:=)  I see. She did not stop paying me just not pay for the "daycare situation".

    Now she emailed me day before Christmas saying at this time she had no hours for me. I informed her I had to file for unemployment due to no hours. I think in her mind she is thinking that was me saying I quit? Who knows? But no talk of laid off or fired though I asked her and she never answered me on that one. Also told her I was showing up that Monday to work but she said no, to call wich I did spoke to her husband he could not tell me anything and was told "she" was going to call me if needed, never heard back from her. So that leaves me what fired or laid off, all I know is I did not quit! 

  • 01-18-2012 3:02 PM In reply to

    • Drew
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    Re: Employer disputing unemployment & owes pmt for work

    If she emailed you she had NO hours for you that may be a critical fact that says she terminated the deal!

    Its likley quite critical 

    And the part about do not show up on Monday either sort of clinches the point in my lay maind.

    No question in my view she terminated you at that time --but you need to stay focused 

     



  • 01-18-2012 4:21 PM In reply to

    • SoSassy
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    Re: Employer disputing unemployment & owes pmt for work

    Thanks Drew I will stay focused !!!

  • 01-22-2012 5:30 AM In reply to

    • SoSassy
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    Re: Employer disputing unemployment & owes pmt for work

    Oh my got the ruling back Denied!!! Saying I quit cause I did not like the schedule!!! what schedule? No hours they got to be kidding so here I go Appeal.

  • 01-22-2012 9:01 AM In reply to

    • Drew
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    Re: Employer disputing unemployment & owes pmt for work

    In general your appeal needs to be focused precisely on the issue they say was used to deny claim--not a rehash of the whole work scene.

    But you'd be smarter to get some professional help---



  • 01-27-2012 9:56 AM In reply to

    • SoSassy
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    Re: Employer disputing unemployment & owes pmt for work

    It reads:  Claimant quit due to sisatisfaction with the work schedule. The schedule was within the agreement of hire.

    Unreal!! When employer's email to me says have no work at this time.

    But not only that I could not understand the Adjucator, she had such a heavy accent and I had to repete asking the same questions over and over, how can someone like that have this type of job? I have an accent myself, howevert this was unbelievable!!!

     

     

  • 01-27-2012 9:57 AM In reply to

    • SoSassy
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    Re: Employer disputing unemployment & owes pmt for work

    ***dissatisfaction****

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