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  1. #1
    Join Date
    Feb 2014
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    8

    Default What to Do After Losing an Unemployment Appeal to a Dishonest Employer

    My question involves unemployment benefits for the state of: Delaware

    My former employer is consistently lying at every appeal and I have given physical evidence to even prove there lies and even though the UIAB is supposed to base there decision on the preponderance of evidence they do not and physical evidence and my testimonies and all the peoples testimonies I have brought into the case are never included in the Decisions and very little is included in findings but yet the Employers testimonies are consistently included in decisions and they have no physical evidence.

    They have stated contradictory statements such as management was there and management was not there. This was a phone call from me to them letting them know I might not be in that night because me grandmother was dieing. Had testimonies of 4 people that were there when I made phone call yet UIAB still upholds my former employers story. They stated I retained seniority but now say I didn't when forced to face attendance policy by Court Order. I've stated all along that I retained seniority. Employers side was found in decision again so I requested an appeal directly and showed holiday hours and vacation hours that proved I retained seniority and was turned down for a rehearing, because, "I had a chance to state my case" Employer stated they have no method of showing who received policy book but its standard to give to when hired. I never seen book, received one later and made employer sign a paper showing when I received it and yet UIAB sides with Employer on this perjury so I provided a paper that is from in the book that is supposed to be signed by employee and retained by employer yet they stated they don't have a method. Employer says I received warnings yet I never received any and policy is all are documented yet they don't have them to show that they followed procedure. They claim they could use management discretion as I counted as new hire and was on probation however I retained seniority and did not count as new hire and was told this when brought back. There is many more lies than this but I think I covered the big ones.
    BTW missed 1 day for my grandmothers death after 2 months of 64 and 72hr weeks of overtime. Policy also says under management discretion that I can't be terminated because of my excellent attendance and improvement over those 2 months of overtime.

    This is a complex case because I have to keep proving lies and contradictory statements by former employer so if more information is needed please ask.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: What Can I Do if Uiab Upholds Perjury from Employer

    If your UI claim is denied, you appeal. If you have appealed and still lost, you appeal again until you either win or you run out of appeals. If you run out of appeals and are still denied, you suck it up and move on.

  3. #3
    Join Date
    Feb 2014
    Posts
    8

    Default Re: What Can I Do if Uiab Upholds Perjury from Employer

    I'm asking is there something I can do about the Unemployment Insurance Appeals Boards corruption? As that is what it is if they don't follow the law to base there decision on the preponderance of evidence. If I committed perjury I would of quickly of been charged. I'm also asking can I sue employer for perjury at the Unemployment Appeals? I know you can't sue for perjury that happens in court but can I for perjury that happens at the appeals?

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: What Can I Do if Uiab Upholds Perjury from Employer

    No. There is nothing you can do to force the UI commission to rule in your favor. Just because YOU think the preponderance of evidence favors you does not mean they agree.

    No. You cannot sue your employer for perjury in an unemployment setting.

  5. #5
    Join Date
    Feb 2014
    Posts
    8

    Default Re: What Can I Do if Uiab Upholds Perjury from Employer

    It has nothing to due with what I "think", it has to do with the facts the evidence I provided is physical paperwork from my former employer that has incontestable information in it that shows that the employer did lie. It is not an opinion so it does not deal with what I think. This is not a what I want to believe type situation this is only the facts. For instance them stating I retained seniority and then stating I did not retain seniority both have been upheld just because they stated it even though Judicial Estoppel should of stopped this. The point is they are not following the law themselves. Also the physical evidence by "law" would be the preponderance of evidence over testimonial evidence. It would be like a person stating that I didn't write this post when this post is clearly here.

    If you still don't get what I'm saying then I'll give another example they stated I missed three days early on within a certain period and stated they used them against me. I'll call these days A, B, C. They later stated that Day C was not used against me after I confronted the fact that this was an agreed to day and provided evidence. However Unemployment stated I missed three days that were used against me while also saying Day C was not used which would of been impossible and Judicial Estoppel should of stopped this as it would of been contradictory and as such perjury somewhere or another. SO NO, it is not what I THINK! It would be like saying 1+1 is not equal to 2.

    They have simply upheld everything my former employer has said without any inquiry or basis while I am providing basis and evidence for everything that I've stated. I'm not asking for something to force them to rule in my favor I'm asking for something to force them to follow the law and and abide by the law and there assigned duties.

    - - - Updated - - -

    I noticed thread title was changed to "What to Do After Losing an Unemployment Appeal to a Dishonest Employer" however this is also about the UIAB not including any physical or testimonial evidence on my behalf in there findings but only including the former Employers testimonies even though I have shown evidence from the companies own policies and from the companies own (physical and undeniable evidence that the employer even admitted as theirs) documents that show that they lied without a shadow of a doubt but the UIAB acts as if the evidence was never even introduced or discussed. I would like to say that idk what is going on but can say that the company in question has received local and state government grants. I would also like to mention I'm fairly certain the real reason I was fired was for bringing into question certain activities at the company involving sanitary and safety reasons that I can't discuss with out reference to what or it would give away the company in question.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: What Can I Do if Uiab Upholds Perjury from Employer

    If you don't like the answers you're getting here, then I suggest you hike yourself down to an attorney and ask him how you can make the UI office grant you benefits.

  7. #7
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: What Can I Do if Uiab Upholds Perjury from Employer

    None of this changes cbg's response.

    I do have a question for you though. Can you explain why you believe judicial estoppel is/was an issue?

    I'm expecting a certain response, but I want you to explain before we go ahead.

  8. #8
    Join Date
    Feb 2014
    Posts
    8

    Default Re: What Can I Do if Uiab Upholds Perjury from Employer

    Early on at the referee hearing it was stated that after layoff I returned and retain seniority. However after the superior court order the UIAB base it upon the companies attendance policy that they failed to review the company now states that I did not retain seniority so that they could reason that they could terminate me within company attendance policy. Note that not only did I say I retained seniority early on and consistently but the companies records even reflect that I retain seniority. Another issue is the days early on I requested a Day off May 4th on my return, this day was agreed to. At referee hearing they stated that May 4th was used against me. So at UIAB hearing after the superior court I brought in evidence showing that they agreed to May 4th off. They then said May 4th was not used against me after they already said that it was earlier on. The UIAB changed there findings to say that May 4th was not used against me even though it clearly reflects it on termination record & also the UIAB goes on to say 3 Days missed which would of been impossible without counting May 4th.
    Another act is that on the phone the HR Manager stated it as her early on but now after I proved they were lying about the phone call with 4 peoples testimonial evidence they stated that there was no manager present and it was just a worker.

    Also note that I've stated all along that I've retain seniority and the UIAB just disregards this.

    Also more perjury as in that they stated that they have no methods to retain who receives a policy book yet I provide a paper showing other wise that is a specific acknowledgement paper they have.

    UIAB current findings are that I didn't retain seniority, that May 4th wasn't and 3 days were used against me, that no manager was available for phone call and I should of spoke to a manger(which I did), and that they have no method to see who received the policy book but it is given to every worker.

    - - - Updated - - -

    Is that what you were looking for for Judicial Estoppel? Because that fits into the exact definition as I understand it.

    Also another question how long does the Judge have to decide on the appeal? It was assigned to a Judge on December 11th after all briefings were filed but the holidays and a lot of snow days have happened.

  9. #9
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: What Can I Do if Uiab Upholds Perjury from Employer

    I should have perhaps asked you a different question.

    Was the issue raised? I'm not seeing it mentioned in context.

  10. #10
    Join Date
    Feb 2014
    Posts
    8

    Default Re: What Can I Do if Uiab Upholds Perjury from Employer

    The main issue is my seniority. At referee hearing the employer and I both said that I retained seniority. I lost because they didn't provide the Company Attendance policy so I went and got a copy and it was basis for UIAB hearing but the UIAB interrupted me when I tried to talk about it and wouldn't let me talk about it and turned me down again. So I went to the Superior Court which agreed with me that the UIAB did not do their job in reviewing it and continually interrupted me (which if you read the transcript is quit evident as I barely got 2 to 3 words out of my mouth before they stopped me) and ordered a rehearing based upon the Companies Attendance policy, However going by the Companies Attendance policy their is 4 steps an Oral Warning, First Written Warning, Final Probation and Termination. I was terminated. But since the judge order was to go by policy now my employer stated that I counted as a new hire and didn't retain seniority so that they could use their Management Discretion clause. However not only did they say that I retained seniority earlier, I also received holiday and vacation pay that could only of been received if I retained seniority. This is reflected on company records, their earlier statements, my statements, yet the UIAB decided based on the final testimony by the employer. NONE of anything I've stated was ever included in any findings and no physical evidence was ever included in findings. That's whats wrong their is issues with perjury, corruption, judicial estoppel, fraud, and deceptiveness yet I keep on losing even though I continue to show incontestable hard evidence and tell the truth.

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