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  1. #1
    Join Date
    Sep 2008
    Location
    Terre Haute IN
    Posts
    1

    Default Appealing an Unemployment Denial Based on Erroneous Information

    My question involves unemployment benefits for the State of Indiana

    A co-worker filed a U.S.Department of Labor complaint against my employer at the end of 2007 because of not paying overtime,etc. My boss [who had repeatedly demonstrated how physically dangerous he can be (trains Navy Seals & State Police to fight)] became irate, reduced my hours from around 60 to 35 and began making my job difficult in an attempt to make me quit. I endured despite physical assaults on genitalia, impossible work loads, and subjection to illegal life-threatening tasks (such as working on live electricity, rebuilding motel exterior upper level walls off a stepladder without any safety equipment, moldy & blood soaked environments, etc.).

    When approaching my boss on July 24, 2008 (in connection with my job), he fiercely told me: "Get the f**k away from here, I am ready to snap". I immediately went to my unemployment office and asked if I could quit because of the above-described circumstances and receive unemployment and the UI representative answered yes and told me to sign up for benefits.

    A couple hours later, I telephoned my employer to see if he had cooled down and was told by management that I had been fired. I was denied unemployment insurance because my boss told them I quit. The Deputy determined that I "voluntarily left employment without good cause in connection with the work".

    I never, at any time, told my employer that I quit. However, Indiana lists "good work-related" reasons for quitting as:
    * employer arbitrarily changes the terms or conditions of your work.
    * Safety violations at your work site.
    * Harassment.

    Finally, my boss had bragged that no-one would draw unemployment from him because of his powerful contacts and fact he is a Mason & a Jester which includes most judges. The initial judge who denied my claim, like my boss, is from India.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Appealing an Unemployment Denial Based on Erroneous Information

    You went to the unemployment office and told them you wanted to quit and receive benefits. They apparently contacted your employer and were told that, within hours of your asking them about your eligibility, you quit. You now want them to believe you were fired. I don't think you have an easy case to make on the question of whether you quit or were fired.

    Was the denial based on that question - you claimed you were fired on your application, and they determined that you quit? Did you (also) claim that you quit for good cause on your application, or did you merely claim that you were fired?

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,488

    Default Re: Appealing an Unemployment Denial Based on Erroneous Information

    What you describe as having happened is NOT harassment under the law and would not fall under "good cause to quit" and receive benefits.

  4. #4
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Appealing an Unemployment Denial Based on Erroneous Information

    Quote Quoting p ray law
    View Post
    I immediately went to my unemployment office and asked if I could quit because of the above-described circumstances and receive unemployment and the UI representative answered yes and told me to sign up for benefits.

    A couple hours later, I telephoned my employer to see if he had cooled down and was told by management that I had been fired. I was denied unemployment insurance because my boss told them I quit. The Deputy determined that I "voluntarily left employment without good cause in connection with the work".

    I never, at any time, told my employer that I quit. However, Indiana lists "good work-related" reasons for quitting as:
    * employer arbitrarily changes the terms or conditions of your work.
    * Safety violations at your work site.
    * Harassment.

    Finally, my boss had bragged that no-one would draw unemployment from him because of his powerful contacts and fact he is a Mason & a Jester which includes most judges. The initial judge who denied my claim, like my boss, is from India.

    The fact you talked to an UI rep and asked if you were legally entitled to quit and recieve benefits indicates you in fact had not quit as of that time.

    Your boss told them you quit! So be it. From the egregious behavior you described, even if we take that statement as true, IMO, you were constructivley discharged, as per your 3 examples. The employer makes working conditions so intolerable, you are forced to resign.

    My source lists no possible civil cause of action for this for a wrongful discharge lawsuit per se based on a constructive discharge, but that does not abrogate the effectiveness to claim such when applying for unemployment.

    Your boss is an idiot, and he knows it, that is "employment at will" for you.

    You need to inquire where you signed up, HOW to appeal a decision. It may be in house as a first step, but if it is denied again, then an Administrative appeal can be filed with your state court of proper jurisdiction.

    I endured despite physical assaults on genitalia, impossible work loads, and subjection to illegal life-threatening tasks (such as working on live electricity, rebuilding motel exterior upper level walls off a stepladder without any safety equipment, moldy & blood soaked environments, etc.).
    Some health and evironmental/safety issues. OSHA and or state parallel laws.

    I would consult an attorney to see if a viable "cause of action" for wrongful discharge can be founded.


    Best wishes.

    BOR *Bill of Rights*

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