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  1. #1
    Join Date
    Apr 2009
    Posts
    4

    Default My Employer Lied and Said I Quit My Job

    My question involves unemployment benefits for the state of: ca
    I live in a tiny town of 900 residence with only about a hand full of jobs. I was lucky enough to get an on call job as a custodian and cafeteria worker. 4 custodians were employed with the school district for 10-25+ years of employment with the school district. on oct 27 2007 I worked in the cafeteria for the first time. the girls I worked with were very helpful and professional to work with. A few days later I started training with the custodians at one school and then continued training with the custodians at the other school. (I could not believe with all the news on tv about staff infection in the schools last 2008 season how filthy both schools were. the custodian closets were unsafe and who knows what chemicals were laying all over the floors and under trash spewed everywhere not to mention the bathrooms were unfit to use as far as I was concerned) It only took a training session with each custodian and working around the staff of the school, and parents that I was informed that the custodian didn't get along. every custodian had a story about the other. The custodians at the high school didnt want to do work for the custodians at the elementary school and vise verse. It was ridiculous to say the least, I tried to just do my job because I needed it for one and I was only on call and it didnt involve me at the time all the custodians were happy having me clean for them because I did a good job of cleaning there areas. I just worked on cleaning the school up for the kids I didnt care who what and where made the mess I just kept cleaning until people started to notice and complimented me on how fresh and clean everthing was. The custodians showed no desire the entire time I was there to make changes towards a cleaner and more organized work place so I just did it myself. While working one day I heard the custodian I was working with start yelling at each other in the hall and I just walked away until one of them walked in where I was at and said the other custodian was mad because he just filed a grievance with the school on him.
    In march I was asked if I would work full time to cover a bus driver whom had her second return of cancer I said I would. It had become apparent that the 2 custodians I worked with at the elementary school were feeling threaten of me because I ran circles around them cleaning the school up. The first day I showed up to work full time the custodians were threatened that I may take there job which was not true. I knew within a year and a half that one of the custodians was retiring and I was very willing to wait my turn. I was making enough money to survive working on call between them and the cafeteria.
    The custodians became hard to work with and caused me a lot of grief for no reason except to get rid of me. they played childish games,
    I wrote a letter on april 28th on being harassed and turned it in to the schools administrator who was onsite at the school less then part time. The administrator of the school pushed the harassment letter under the rug and I never heard a word. Although The assists tried to help me on the matter as much as she could she finally gave up and explained to me later that the administrator didn't like confrontation and that next year will be different because the school will be theres to run the way they wanted. they expressed how things were going to change around here and that the custodians will clean this school the way the union spells it out or they will be looking for other jobs.
    After the word got around the school that I turned in a letter of harassment nothing was ever mentioned the two employees continued to make my life hell
    On may 8th I took a photo of the words spray painted very big that read "bitch" on the wall of the custodians supply room that only myself and the custodians of the school have keys too.
    I showed the administrator and the assist. admin. the administrator turned to the assist admin. and said this is harassment get them in here. I never heard another word about it.
    The workplace became a miserable place to work,
    We had a custodial meeting with the custodians of the elementary school, It was disgusted that I would be cleaning up the three custodial rooms as I requested to clean. It was purposed tools will be in one so we could lock it. The room used for custodians supplies was only going to have cleaning supplies and the last was to be used to house the floor cleaning machine and supplies for the night custodian. None of the custodians were willing to help me do any of it. They just continued to get more upset with me and telling everyone at the school that I was misplacing things. and that they couldnt find a thing. Or when I was done arranging the messed up rooms they would say I had to redo the room because of this that or some other dumb reason I had to change it. I told the administrator and he did nothing about it except allowed me to continue with what I was doing.
    On june 3rd with a long battle trying to get the school to control these disgruntled employee's. I had enough of the custodians and wrote up a letter of resignation stating because of the custodians continuing to harass me, my last day will be the last school day of the year. At the end of the day june 3rd the administrator and his assist called me in to the office and the administrator basically overlooked anything I wrote and said to " humor the custodians bothering me". just laugh it off. (the assist admin. when leaving the meeting made the comment to me about the administrators comment on "humoring the harassing custodians" they were upset with his comment) during the meeting on june 3rd with the administrator and the assist. admin. as my witness he asked me to commit to working the entire summer. I said I would as long as the custodian harassing me wasn't going to be running the summer cleaning program. He said no he wasn't that the custodian from the high school would be in charge he has more seniority. I said I don't have a problem doing anything they needed just tell me what needed to be done and I will do it.
    The very first day of the summer cleaning program the custodian harassing me gets in my face and asked me what I did with his what ever it was. I told him I didn't touch it. and for him to find it himself. (it turned out it was something he misplaced) he then within the first couple of hours gets in a fight with the lead custodian from the high school who is suppose to be running the summer cleaning program. Instead of sticking up for himself and taking charge. he bows out of the lead position and allows the harassing custodian to walk all over his authority and continues to run the summer cleaning program throughout the rest of the summer.
    I felt the school was bulling me to quit during the summer, while working at the first school for the summer the administrators were not on site at the school we were working on. I went several times to the districts office to complain about the harassing custodian I was forced to work with and they just looked at me with a blank look and could not help the situation.
    I felt betrayed by the administrator and just dealt with the situation as best I could and gave up on anyone doing anything about the custodians until next year as I was told by the asst administrator.
    I continued to work the summer until the administrator showed up one day and called me and another custodian he had hired for the summer into his office. We were given a letter on july 9th that we were not needed anymore for the summer cleaning. he explained what a great job we did and that they found a bus driver to replace the one they lost. He then went on to explain in front of other the other on call custodian said that I would be called first to sub for the custodians and that he would work if I didn't. He went on to say that my first day back would be covering for the high school working for a custodian gone for the first week of sept. 2008 I told him we already discussed it and that I would fill in for them.
    After the meeting I was very upset with the school cutting me a month early. We made a commitment that I would work for him the entire summer program. It is hard to get a seasonal job period, due to the economy. If I would have worked another summer job they would have worked me until nov.
    After the july 9th meeting, the remaining two weeks were worse, the other summer custodian wasnt showing up for work and not calling in, the custodian who was suppose to be leading the cleaning was on vacation for the two weeks remaining I was scheduled to work. The two custodians I was left to work with was the harassing custodian and the custodian of the school we were working on. They both did anything and everything they could to do as little as possible, They would do a little bit of work in the afternoon and spend the rest of the day looking busy doing nothing. They would drive back and forth to the schools gossiping with the few people working making me the topic of their stories.
    To keep busy and to stay away from them I created jobs that I saw that needed to be done.
    july 25th was to be my last day per letter dated july 9th
    On the 24th of july I was just ragging inside but needed to finish up for the summer recess and to keep my job intact for the following year (remembering what the assist administrator told me early on that things were changing in 2009 school year)
    on july 24th I spoke to the custodians I was working with one being the harassing custodian. They told me there wasn't anything left to do at the high school tomorrow and that I would be going back over to the elementary tomorrow. and freshen it up. The school was just cleaned by us two weeks prior and no one had used it since that time except two small offices and bathrooms I said great that should only take a half a day and then I'm going to take off. They said that would be fine cause there wasn't anything else to do.
    On my last day july 25th. I showed up at 600am at the elementary school I was very upset with the custodians from the the night before, they did nothing to help clean from lunch on. I started cleaning and emptying trash, at about 630 am the new hired bus driver and one of the custodians filling in for grounds came in (my witnesses for working on friday july 25th)

    at 1030 on friday I competed the work discussed the night before, dumping trash from classroom and hallways dry mopped hallways, cleaned 6 bathrooms, and cleaned the district office. I was filling out my timesheet and making a copy of it to turn in when the secretary of the school walked in to start work at 1030. I was very upset and explained to her that I completed the work as disgust with custodians last night and that I am leaving early for the day and that I had had enough of working with the two custodian for the this school season. I was in tears by now and apologized to her for crying and explained that when I'm really upset I can't help from crying. She said she understood she was the same way. I then explained to her that I was scheduled to work for the custodian at the high school the first week of sept. per the administrator and that I would see her then.

    I didn't hear a word from the school and called aug 28th. I was informed by the receptionist that another custodian would be covering the job. I told her that the administrator told me I was to cover it. She then told me that he said I quit. I then said what about the cafeteria, the cafeteria asked me to work for her because she wasnt happy with her sub. The receptionist told me then that the administrator told her that I quit everything. I told her I didn't quit anything. She said she would tell the administrator and have him get back to me. They never called.
    I thought about signing up for edd but thought to myself how am I going to prove I didnt quit.
    After looking at the base period I decided to wait for a later date to file. In the mean time I was sent a letter from edd for extended benefits. I opened up a claim it said for extended benefits to open a new claim which I proceeded to do. which gets me where I am today.
    Edd called me for an interview the second time and asked if I turned in a letter to the school stating I quit. I told her I did not turn in a letter, she just turned things around and upside down and finished the interview. Within 45 mins I realized what she was talking about. She was talking about the letter of resignation I wrote back on june 3rd after commiting to working the summer cleaning program. I tore my resignation up in front of both administrator and assist admin. before leaving the meeting. I called back the edd rep and left a message to explain the mix up. She didn't want to hear any of it. I waited and waited and finally on the 12th day she sent me a letter stating I lied about quitting and slapped me with paying back the 5 weeks plus the waiting week and a 200.oo fine and that I wont be able to claim for 3 years and that it is a felony to lie on your forms.
    give me a break this is crazy.
    I filled out an appeal from the first letter and now they sent a second letter stating repayment is due you can set up payments. I have called until Im blue in the face, Its impossible to get any information you need from them. they told me to call to set up payments and to have continued claim forms sent. I gave up last friday unable to get threw. The message at times tells you, you cant get threw try later and then at times it runs you threw 5 min of different departments and acts like you made it threw to talk to some one only to find out the lines are busy do to high volume and then it cuts you off.
    I have been trying to do this appeal myself I have no clue what to expect or how to word my story to get heard. It has been suggested by several blogs on the web not to get a lawyer. (who can afford one anyways when you haven't worked for 8 months)
    After trying to read the letters I received from edd you need a lawyer just to figure it out what they are trying to tell you. And they have a pamphlet with a tiny paragraph on appeals that tells you nothing on how to appeal.
    I have called and called and called to get help from edd but cant get threw.

    Sorry about the length of the letter not sure of any other way to explain it
    Any words of wisdom would be helpful here.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,578

    Default Re: My Employer Lied and Said I Quit My Job

    Sorry, but that huge block of text is next to impossible to read. Please edit it down to something more reasonable, or at least add in some paragraphs and white space. It's unlikely that you'll get any or many responses as it stands.

  3. #3
    Join Date
    Apr 2009
    Posts
    4

    Default Re: My Employer Lied and Said I Quit My Job

    thank you, that was a big help i will try again




    Quote Quoting cbg
    View Post
    Sorry, but that huge block of text is next to impossible to read. Please edit it down to something more reasonable, or at least add in some paragraphs and white space. It's unlikely that you'll get any or many responses as it stands.

  4. #4
    Join Date
    May 2009
    Posts
    3

    Default Re: My Employer Lied and Said I Quit My Job

    EDD has a bullshit phone system..I'll be blunt, it ****ing sucks. My advice? you need to call right when they open in the morning. And keep calling until you can get through to an agent not just someone later in the day who will send in an email for you.

    It all comes down to the paper trail...protester(ex employer) needs documents stating that 'you' signed saying that you quit...appeal as hard as you can, state your case, they shouldn't have the documents with your signature...they have to prove it more than you do. Just keep harping on them...never pay that back.

    It's gonna be tough because they don't want to help you. If you never formally quit, I think they are in the shitter. They are hoping you probably just buzz off...

    I'm in a similar spot, my ex-employer gave me a 'transfer' after a year of work, got laid off at new location after 2 months, same company, got UI from edd and not the new state, they protested it after 4 months saying I quit!!!

  5. #5
    Join Date
    Apr 2009
    Posts
    4

    Default Re: My Employer Lied and Said I Quit My Job

    Quote Quoting Trainhard
    View Post
    EDD has a bullshit phone system..I'll be blunt, it ****ing sucks. My advice? you need to call right when they open in the morning. And keep calling until you can get through to an agent not just someone later in the day who will send in an email for you.

    It all comes down to the paper trail...protester(ex employer) needs documents stating that 'you' signed saying that you quit...appeal as hard as you can, state your case, they shouldn't have the documents with your signature...they have to prove it more than you do. Just keep harping on them...never pay that back.

    It's gonna be tough because they don't want to help you. If you never formally quit, I think they are in the shitter. They are hoping you probably just buzz off...

    I'm in a similar spot, my ex-employer gave me a 'transfer' after a year of work, got laid off at new location after 2 months, same company, got UI from edd and not the new state, they protested it after 4 months saying I quit!!!
    Thank you for your response, Its all pathetic the whole process. No one tells you crap. I was harassed for most of the time I was employed at the school by another employee. The superintendent and the harasser were friends so he didn't do a thing to stop him. I was going to turn in a letter of resignation and gave the school a copy and then after a meeting and needing the job at the end of the meeting I said the the superintendent that I was throwing away the resignation. He held on to his copy. I continued to work another 2 months when he handed me and someone else a letter that he didnt need us anymore for the season and that i would be the first one called I never heard back so I called they said I quit when edd called they said I turned in a letter stating I quit. this letter is the one I threw in the trash dated 2 months prior. can they use this outdated letter. I would think not.

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