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  • An employer's last ditch revenge

    Since mid-October, I have been in an ongoing tete-a-tete an employer. I stuck up for a mentally challenged customer, put my job on the line to protect his rights, and ended up getting terminated for my actions. After waiting the compulsory week, I filed my unemployment insurance claim on November, 8th.

    Since my claim was filed, my employer has received legal documents requesting "their side of the story." They have chosen not to respond to the weekly mailings. Last week, my claim was elevated to an adjuster to be expedited for resolution. That included ONE FINAL attempt to get my former employer's side of the story. The response deadline is December, 17th. If there is no response by the deadline of 5pm...my claim will be approved...and the claim will FINALLY pay out.

    I think it is shameful that an employer, who knows they were wrong--who admitted to other associates they handled the situation poorly--would choose to attempt to exact their last pound of flesh in this manner.

    Yes, I realize it is their 'right' to respond or not respond...part of me wanted them to attempt to defend their actions, just so my lawyer would have their words to use against them in court. A larger part of me is thrilled that the morons have NOT responded because their lack of response will be seen as a partial admission of guilt and will facilitate my law suit.

    The moral of this little rant is that management needs to create a paper-trail or suffer the consequences. Frankly the nearly $2000.00 this close to Christmas will be a pleasant gift...to my oil company, electric company and landlord....oh YES, and to my grandchildren that I am raising.

  • #2
    Quoth carryonnow View Post
    Yes, I realize it is their 'right' to respond or not respond...
    I didn't realize companies had the right not to reply to those letters. When I worked for the small business, we always replied. It was almost always just to confirm that we had no work. But still, we didn't view it as an option.

    Onto the main issue, I hope they don't reply and you get what you should! What a horrible place, I would definitely boycott them if I was in your area.
    Replace anger management with stupidity management.

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    • #3
      It'd be a shame if someone wrote a letter to the editor about this.
      My Guide to Oblivion

      "I resent the implication that I've gone mad, Sprocket."

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      • #4
        I always did reply to them at my last job, but there are some companies that don't seem to care if the employee gets the unemployment.

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        • #5
          Quoth notalwaysright View Post
          I didn't realize companies had the right not to reply to those letters. When I worked for the small business, we always replied. It was almost always just to confirm that we had no work. But still, we didn't view it as an option.

          Oh, it's an option. But I had it happen to me many years back. What it means is that even if you've been fired "for cause" their failure to respond means that as far as the unemployment folks are concerned, you were fired unfairly, and thus you *don't*have the 8 weeks of having to search without getting any unemployment. Instead you get just the one week wait that folks who are laid off or the like get.

          As I understand it, it also means they have to pay a bigger share of your unemployment as well.

          In my case, what'd happened was that someone was trying to organize a union for the kitchen staff (and maybe other people) at the nursing home I was working at.

          Funny thing. In the space of a few weeks they re-shuffled all our schedules. I'd been put on a shift I could *not* get to on time (the buses didn't start running early enough). And that was in spite of my telling them that.

          I got fired for being late twice in the same week. Other folks were getting fired right and left as well. When I got to the claims person and they heard that, combined with the company claiming they didn't have a record of why I'd been fired, well...

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          • #6
            They know you are suing and are trying to avoid giving more information then needed. They are scared and on the defensive. (I am still praying for a successful lawsuit or, at the very least, them learning the mentally disabled are people too.)
            I might be crazy, but I'm not Insane.

            What? You don't play with flamethrowers on the weekends? You are strange.

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            • #7
              Quoth notalwaysright View Post
              I didn't realize companies had the right not to reply to those letters.
              In my day job a guy who was canned for clocking in stoned tried to appeal because our response to that effect. I testified to the symptoms (I was the first to put in writing that he appeared to be on something: Test him ASAP). It is also noteworthy that he was still in his probationary period when he could be fired with or without a reason.
              Result: No unemployment.
              Good to see you got your carryonnow. I think Gilhemli is right: your former work org is keeping the info flow to a minimum. Any bit of info is fair game in a civil action.
              I'm trying to see things from your point of view, but I can't get my head that far up my keister!

              Who is John Galt?
              -Ayn Rand, Atlas Shrugged

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              • #8
                Why would they bother to respond?

                If they draw out the process, try to create the nonexistent paper trail, etc, they stand a chance of bigger lawsuits and problems.

                If they just let it "peacefully" expire, sure they have to pay you the unemployment, BUT they get no further investigation, no news crews doing exposes on bad business practices, nobody dragging the ADA & social services in because of the customer, and so forth. Well worth it from a damage control perspective.

                Taking anything further, all they do is provide more ammunition to be used against themselves.

                As the old saw says, "Better to remain silent and be thought a fool than to speak out and remove all doubt."

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                • #9
                  My claim has been approved...and in 48 hours, a paper check for 4 1/2 weeks unemployment will be mailed to me . Of course, when that check comes in the mail--I will be interviewing candidates for my new store, setting up gondolas, and checking in vendors....oh processing an initial fill order from my grocery wholesaler.

                  My lawyer is out of town with his fiancée until after the New Year--but I know he will be thrilled that my former employer didn't respond and that the claim settled in my favor....next we will move on to the harassment lawsuit, the discrimination complaint, and anything else I can think of to exact MY revenge

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                  • #10
                    Congratulations for this!

                    Now I am going to be the party pooper: I highly recommend, since you are planning to move forward with legal activities, that you refrain from further public comment on message boards or anywhere else until it is over. Lawyers and their well paid researchers are quite adept at finding stuff like this, and warping it in their favor.

                    While I wholeheartedly support your efforts, I would feel bad if they were to fail due to a simple problem like this. I do look forward, in time , to a successful post mortem story, but until then I believe silence in the public arena is your friend.

                    Good luck!
                    "Announcing your intentions is a good way to hear God laugh." Al Swearingen (Deadwood)

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                    • #11
                      Quoth 2gigch1 View Post
                      While I wholeheartedly support your efforts, I would feel bad if they were to fail due to a simple problem like this. I do look forward, in time , to a successful post mortem story, but until then I believe silence in the public arena is your friend.

                      Good luck!
                      I have to agree, but please update when you are able too!

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                      • #12
                        2gigch1 is right about that. Good to see that your unemployment went through. Keep it quiet about the suit--I'm surprised your lawyer hasn't advised you to that effect. Tell me you had withholding. Every other client that gets bad news from me (i.e. finding out they owe) did not.
                        Last edited by taxguykarl; 12-19-2014, 09:14 PM.
                        I'm trying to see things from your point of view, but I can't get my head that far up my keister!

                        Who is John Galt?
                        -Ayn Rand, Atlas Shrugged

                        Comment


                        • #13
                          I am not a lawyer, and I don't play one on TV, but I've got a bit of advice: Besides not making any further comments on message boards until it's over, let your lawyer know about any threads here where you've already commented. If something you've posted already would compromise your suit (the lawyer would know whether it does or not), it's better to not spend any more money on something that's already toast.

                          Note that some forums (would "fora" be the proper plural, given the latin roots of the word?) here are visible only to members. You may be lucky in having all related posts being in such forums (so opposing counsel wouldn't see them), but if for some reason they suspect that you're a member here all it would take would be for one of their clerks to register and get an account.
                          Any fool can piss on the floor. It takes a talented SC to shit on the ceiling.

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                          • #14
                            If his (her?) lawyer so advises, we can hide such posts to mods-only until the action is over.

                            HOWEVER: there are archival 'bots in all sorts of places on the 'net, and it's very, very possible that everything that's ever been visible here has been archived somewhere.
                            Seshat's self-help guide:
                            1. Would you rather be right, or get the result you want?
                            2. If you're consistently getting results you don't want, change what you do.
                            3. Deal with the situation you have now, however it occurred.
                            4. Accept the consequences of your decisions.

                            "All I want is a pretty girl, a decent meal, and the right to shoot lightning at fools." - Anders, Dragon Age.

                            Comment


                            • #15
                              Maybe I can find posts from Crass Pollination, then.
                              My Guide to Oblivion

                              "I resent the implication that I've gone mad, Sprocket."

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