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  #1  
Old 06-07-12, 10:01 AM
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Terrified- State hearing w/unemployment- kind of long, sorry

Some of you know what's going on with me- I lost my last job in a prison in March of this year due to undiagnosed ADD-I.

I resigned actually- I was doing ok for about 5 months until a new company took over. Well after the first week, the manager called a group staff meeting into the office and said we were all doing a terrific job running the prison kitchen, and they liked the way we did things so they were not going to change anything.
So 2 weeks after that this new co. changed their minds and completley changed everything, and instead of me having one job I now had about 4 different jobs.

This over whelmed me entirely- I was very disorganized, couldn't multi task, didn't understand or couldn't follow thru with directions pertaining to the new job responsibilities, distracted, forgetful, very anxious and worried, nothing I started ever got finished, panicky, distressed. I tried way too hard to understand things and my mind just blew up, I made an impulsive decision and resigned. I just wanted out of there.

nearly a month later, I visited a psychiatrist for anti depressants once again, and again hoping they would work. I was so depressed I lost this good paying government job.

well after telling the doc what happened at the prison, the feelings I had and what I did, he had me fill out a questionairre about my childhood and adult life and I was diagnosed ADD inattentive.

But- that isnt the issue here. My boyfriend said I should apply for unemployment since the new company put all this new work load on me when they said things weren't going to change. I told him no at first, because I thought you could only get unemployment if you were fired.
But I went ahead and filed anyway.

After 7 weeks my claim was denied, financial hardship started setting in. I appealed the decision, that was denied also. I had my DR fax in my diagnoses, and I again appealed their decision.

NOW.. on June 15th I'm having a state hearing over the phone with the employer, myself and a hearing officer. It will last 45 minutes. I'm scared to death, with me being inattentive I'm afraid I won't be able to follow along with this for 10 min. much less 45 minutes! They are going to snowball me straight to H***!!

I'm allowed to have a representative speak for me, as no one but me will really be able to answer the questions they are going to ask.

I'm afraid guys- If this gets denied, I don't know what I'm going to do. If the hearing officer determines in my favor, this company is going to owe me thousands of dollars!!

Anyone been thru a state hearing with unemployment? Any tips, suggestions? Again sorry this is so long, my nerves are rattling since I've recieved the hearing notice yesterday.
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Old 06-07-12, 11:10 AM
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Re: Terrified- State hearing w/unemployment- kind of long, sorry

I can't speak to your state laws specifically, because they vary so much from state to state. As you quit before having a diagnosis, it may be hard to argue that ADHD was why you quit. The law requires employers to make suitable accommodation for people with disabilities. If you didn't give the employer the opportunity to adjust your working conditions that will play against you. Your best recourse may be to beg forgiveness. Indicate that you had the condition, but didn't realize it. Tell them that you would be willing to return to your old job provided accommodations are made. If you were being treated for depression you could also point to that as a possible reason for leaving your job.

Additionally many states allow disability benefits. If your doctor is willing to state that you are medically unfit for work, you can likely make some claim for disability. Even if your claim is ultimately denied, you may benefit from speaking with a lawyer regarding legal recourse. Lawyers in unemployment and disability law are experts in these areas, and probably know more about it than either your employer or your unemployment case worker. Simply talking to a lawyer and getting an opinion is usually free, and they will work with you on costs and a payment schedule if they decide you have a legitimate legal case. It may even be as simple as having a law firm send a letter of intent to the unemployment office.

In fact, I would suggest you speak with a lawyer prior to your phone interview. They may decide the best course of action is to speak on your behalf during that interview, thereby saving you a lot of time and money. And again, they will be able to provide you with the best possible legal advice.
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Old 06-07-12, 01:55 PM
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Re: Terrified- State hearing w/unemployment- kind of long, sorry

I've had a mini-hearing before over the phone, and the person I spoke with was very very understanding and nice. I was terminated due to an error on my part, but the error was completely a mistake, an ADHD brain fart, busy day, death in the family, everyone makes mistakes, y'know? Well, the job didn't see it that way, but thankfully the woman I spoke too did (minus the rant I just typed above, lol).

Good luck, and if you do have someone there to help speak for you, have it on speakerphone and let them know both will be answering questions if need be... but talking to a lawyer is a good idea.
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Old 06-07-12, 03:02 PM
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Re: Terrified- State hearing w/unemployment- kind of long, sorry

See if you can find a labor law/unemployment advocacy group in your area. You might want to check with your local union council to see if they can refer you.

Sadly it doesn't sound like you have much of a case. Unless you can find paperwork that proves for example that they were trying to shake loose the senior employees, a not uncommon tactic these days.

As noted check to see what disability benefits your state provides and start your Social Security disability claim. You may eventually be rehired elsewhere but it is better to be safe than sorry. Social Security claims take time, the sooner you start the better.

Dismissed from my job with a "faith based" non-profit nearly five years ago. Denied unemployment benefits -- just in time for the start of the recession. Ironically position was a supportive one involved in housing homeless people. Throwing me out into the street without a means to support myself wasn't a problem for these do-gooders.
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Old 06-07-12, 11:21 PM
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Re: Terrified- State hearing w/unemployment- kind of long, sorry

You have a couple of days to prepare for the phone interview - that's good!
Speak with an attorney if you can. Also, try to have someone there with you to support you - with both of you on speak phone as Silivrentoliel suggested.
Good luck - let us know how things go! I'm sending good vibes your way!!!!! }
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Old 06-07-12, 11:55 PM
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Re: Terrified- State hearing w/unemployment- kind of long, sorry

oh carley ....i think what might be an idea is to get everything you want to say written out in front of you, prepare yourself before the phone call go out and get some fresh air get your head into 'fight' mode..make sure you've take your meds....think of what outcome you would like from the discussion and try your hardest not to let them make you crack...don't budge on any of it...what kind of rep could you get ? what sort of rep were they asking for ?
uhhhhh...if i lived in the US i would sit right by you on the phone and give these dbags a piece of my mind....uk system is very similar over here
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Old 06-09-12, 06:54 AM
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Re: Terrified- State hearing w/unemployment- kind of long, sorry

Thanks all for your responses-

Ok so get this- this company I worked for- for our paychecks our options were either direct deposit into a savings/checking account or a debit card they loaded our payroll on.

I chose the debit card. Just yesterday I received in the mail a brand new debit card for payroll.... no money on it..lol... but that tells me that this company doesn't even realize I don't even work for them anymore, haven't since March.

Should I bring this up at the hearing? Should I photo copy the envelope with the company's name and logo and both debit cards and send them in to the unemployment office? Would this be to my advantage?

Sorry to ramble so much about this guys, but I'm so p***** that they put so much more responsibility on me and they had the nerve to fight the unemployment claim and I was denied 2x and now have to do a state hearing.
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Old 06-09-12, 10:15 AM
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Re: Terrified- State hearing w/unemployment- kind of long, sorry

No sadly it means no such thing. Your employer no doubt contracted this service out. You haven't been purged from the data base yet.

Get what assistance you can for the hearing. Meanwhile do some contingency planning for the worst case scenario: no reinstatement, no unemployment benefits.

Quote:
Originally Posted by Carley View Post
Ok so get this- this company I worked for- for our paychecks our options were either direct deposit into a savings/checking account or a debit card they loaded our payroll on.

I chose the debit card. Just yesterday I received in the mail a brand new debit card for payroll.... no money on it..lol... but that tells me that this company doesn't even realize I don't even work for them anymore, haven't since March.

Should I bring this up at the hearing? Should I photo copy the envelope with the company's name and logo and both debit cards and send them in to the unemployment office? Would this be to my advantage?

Sorry to ramble so much about this guys, but I'm so p***** that they put so much more responsibility on me and they had the nerve to fight the unemployment claim and I was denied 2x and now have to do a state hearing.
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Old 06-09-12, 11:33 AM
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Re: Terrified- State hearing w/unemployment- kind of long, sorry

Quote:
Originally Posted by Carley View Post
I chose the debit card. Just yesterday I received in the mail a brand new debit card for payroll.... no money on it..lol... but that tells me that this company doesn't even realize I don't even work for them anymore, haven't since March.
I wouldn't bring up the debit card, but you could ask about your status indirectly. For example if you said you quit because of medical issues, your employment status might sit in limbo until a clear determination is made. Your employer can't accept a resignation on medical grounds on one hand, but then report that you quit without reason on the other. They need closure for their records as much as you do. That's not to say this is the case; Retromancer makes a good point and may be correct. So I would suggest the following:

First, I really would talk to a lawyer. It's free to call them, and usually free to consult with them. This is clearly an important matter, and it might help to have an expert on your side. My dad got t-boned in an intersection last year, and the insurance company offered him 2500 dollars for his trouble (pain and suffering, physiotherapy, a lost golf season which is big considering he has memberships and plays 3-5 times a week). I called a friend of mine who is a lawyer, and she took over the case. The other day he got his settlement. 20,000 dollars after the lawyers fees and insurance claim.

Second, don't directly ask about your status, but if things just go completely against you, ask if you can return to your job with accommodation. It's no guarantee, but it's certainly worth a shot, and better than nothing.
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Old 06-14-12, 07:25 PM
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Re: Terrified- State hearing w/unemployment- kind of long, sorry

How did your hearing turn out? Hope all went well!!
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Old 06-14-12, 08:30 PM
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Re: Terrified- State hearing w/unemployment- kind of long, sorry

I have not personally. I have family members who have, but they are not available at the moment to ask.
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