Recently, I had an unemployment hearing on the phone and my former employer lied. To prepare for an appeal, I need some help please. This happened in Wisconsin.
My employment ended when my former employer offered me a wage reduction of 60 percent (down to $500 weekly). This came out of the blue. His reason was that I was not closing enough deals to support my salary. I stated that I wanted to keep working at my agreed upon wages. He told me if I wasn't going to accept then he wanted an e-mailed resignation immediately. I refused as I said that would mean I was quitting and that was the last thing I wanted. He told me to not go to anymore meetings, that I was "done" and to go home. I was locked off my work computer immediately and my cell phone was disconnected. This is the shortened version, but highlights the main points.
I told the unemployment people the above as this is the truth. However, my former employer "never" brought up the converstion the way it really went. They said I quit as I refused to keeping working with a "removeable draw." The truth is there were NO draws. He told three different lies.
One was he said that I was on a draw (which I wasn't..I was on a straight salary with potential for commissions after so many sales). He said that the draw was an arrangemnt up front and that it was not guaranteed and that they have the right to take it away at any time. He said I was on a combination of a draw and salary and that the only thing they were taking away was the unguaranteed draw.
The second lie was that he said that I said, "If you take away the draw, then I quit." This is a total lie. As a matter of fact, the only time he ever mentioned the word draw to me was on the day my employment ended and I said, "Draw...I have no idea what your talking about..that was never part of our agreement." As a matter of fact, my pay stubs show only "regular" pay and I have never been given anything that would show a "draw."
The third lie is that he told them he had a conversation with me not long ago about being substantially over on a draw and that I owed them a lot of money. Again, this is not true as I never even heard the word draw until the day my employement ended.
So...here's the kicker. Unemployment told me he gave them documents showing the arrangement that I supposedly agreed to. I will tell everyone that not only did I not sign it I never even saw it. Unemployment said there is a document signed (which would be the non-compete), but they said the "salary and draw arrangemnts" were put on an exhibit which did not have my signature.
Also, when unemployment read to me what was in the document, the date they said the documents were executed is also not true. Nothing was signed on that date as my former boss was not in town then. However, how do I prove that? I doubt anyone would go to bat for me on that one for fear of losing their job. The individual that I spent that day with, as it was my first day on the job, is also a liar so asking them would be useless. The only one I could think of would be his personal secretary, but I really have no idea about her integrity or honesty.
If anyone has any thoughts that would help me I sure would appreciate it. How can I prepare for the appeal? How do I fight an employer who won't tell the case on the truth and its own merit. If I lost and they told the truth then I would move on and say the system ran its course. However, since they are lying, I am quite frusterated. I told the unemployment people I have asked for copies of any thing my former employer say I signed and they refuse to give me anything which proves, in my eyes, they are fabricating and trying to hide something. If they were telling the truth, why not let me see the supposed documents they say I signed?
Can I ask for, or subpeona, the "original" documents to be provided since I told unemployment that anything without my signature should not be considered. How do you prepare for something that is so dishonest? Has anyone ever been in a similiar situation?