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  1. #1
    Join Date
    Oct 2009
    Posts
    2

    Default Appeal After Employer Didn't Show for First Hearing

    My question involves unemployment benefits for the state of: Iowa

    I worked for a media company as a sales person. I was promised a guarantee of a certain amount for the first 6 months and a guaranteed client list billing a certain amount.

    Accepted the position and first thing that happened is the client list promised wasn't supplied. Five months in, my billing wasn't close to my guarantee for summer (was in the fall) and both my manager and the station manager agreed to extend my guarantee 3 mos.

    In the meantime, myself and two other female sales people complained to HR about sexual harassment going on.

    Station manager fired and new station manager didn't like me. Not only was my guarantee not going to be extended (meaning my income would drop to less than 25%; lower than minimum wage!), they are ending the 6 month agreement early, Also, all of my clients were up for review and I wasn't guaranteed to be keeping them. (So, if I stay, I'll lose my bigger clients) In a sense forcing me to quit. I was also told I was being recommend for termination and a Last Chance Agreement.

    I quit because of the change in pay and the fact I wasn't getting what I was promised. I filed for unemployment and won benefits. They didn't show up to that first hearing. I didn't even get to go into everything because she stopped me after hearing about the guarantee.

    They've now filed an appeal based on: 1) claimant was discharged for misconduct 2) claimant voluntarily left for good cause attributable to the employer and 3) whether the claimant is overpaid.

    I"m honestly flustered and don't know what to do. They told me in the quit/fire meeting that they'll hold me to my non compete. Should I hire a lawyer? ANy advice??

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

    Default Re: Appeal After Employer Didn't Show for First Hearing

    In terms of their claims,

    1. What misconduct are they alleging, and is there any validity to their accusation?

    2. Why would they claim that you left for good cause due to their conduct? It sounds like they're conceding your case.

    3. What does that mean? Are they claiming, for example, that under your contract they're entitled to reimbursement of advances on your commissions that you never earned? Don't make us guess.

  3. #3
    Join Date
    Oct 2009
    Posts
    2

    Default Re: Appeal After Employer Didn't Show for First Hearing

    Quote Quoting Mr. Knowitall
    View Post
    In terms of their claims,

    1. What misconduct are they alleging, and is there any validity to their accusation?

    2. Why would they claim that you left for good cause due to their conduct? It sounds like they're conceding your case.

    3. What does that mean? Are they claiming, for example, that under your contract they're entitled to reimbursement of advances on your commissions that you never earned? Don't make us guess.
    1) None; that's what totally blew me away! The only thing I can think of is when I was travelling, if I wasn't going to be back in the home office area by 5 pm (the coverage area is huge) I wouldn't go back into the office unless I had an order or something I had to do. Totally the same procedure was followed for everyone else. There was a blow up on Memorial Day. I had a 3pm meeting in a different city, and the GM decides to call a 2:45 pm at 2:30pm. Even if I had cancelled the meeting, left the city I was in and came back, there's no way I would have made it back in time. Instead of telling the GM where I was, the sales manager shrugged his shoulders and said he didn't know where I was. I was sent a nasty email Friday (office actually closed at 3 that day). I was pulled into the office on Monday, yelled at, explained my side, and then apologized to because the SM threw me under the bus. I gave them the meeting's contact info and everything and told them to verify I was there if they don't believe me!


    2) Now you understand my confusion!

    3) According the the unemployment office, they're saying overpaid benefits because I'm not due them. It's a standard clause checked when appealing a benefits reward.

    I did call a lawyer for unemployment claims and have an appt for Monday as I'm totally confused to what they are saying. We'll see how it goes!

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