might loose my job

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katgotsteve
Posts: 219
Joined: Thu Dec 21, 2006 10:47 am
Location: Georgia

might loose my job

Postby katgotsteve » Sun May 06, 2007 5:22 am

i have a question, this may seem trival, but if i loose my job becuase i cant travel or preform all the job duties i could before, becuase i do not have a someone who can stay a week with my children and i have issues with my children when i am gone becuase they have always had at least one parent at home with them, can i get unemployment? the reason i ask this is simple, my boss, who has been good to me up until now, is tired that i just dont drop everything and go at his whim the way i use to before cps involvement. he has even gone as far as calling the caseworker becuase he thinks i am lieing to him. of course they could not tell him anything becuase of the hippa laws, i signed a consent for them to mail him a letter with only neccessary info, like my husband doesnt live with us, he has been order to only limited contact with the children, visits at dfacs and church services, he can have no phone calls or contact out of that, i am ordered to let my children stay with nonsubstance abusive adult when i work. the judge even went so far to say only a few hours, but if i do what he wants it will be a few days.
well our conversation went like this, keep in mind i have gone out of town for the past two weeks with dfacs approval, even though they told me that it did not look good for me to gone this long,
"i need for you to go brewton on monday"
" i cant, becuase i dont have a baby sitter"
"we need to have a serious talk, my business is suffering becuase of your personal life and the personal life of everyone else in this company"
"maybe you should employ robots, then the human factor will not enter into your equation, i am not going to risk losing my kids, this is just a job, i can always find another one, all you have to do is tell me i am not needed anymore"
"i dont understand why you are lieing to me about this situation, i need to call and find out why you are lieing to me"
"i have always been honest to you, now you want to question my honesty, considering i have every reason to question yours. my kids mean more to me than this job, i can always find another one, i came to you looking for a job, i can leave looking for one. God did not put me on this earth to be your slave, i explained it to you, you dont believe me you can call my caseworker and find out. you can tell them that no only are they ruining my life, they are ruining your business."
he ended the conversation with me after that. i emailed him all the info and he called before i could sign the waiver so he was told nothing, i signed the waiver on friday.
i sent him an email requesting that all we discuss my employment via email, letter or he consents to recording his conversations. he hasnt contacted me since. i just keep doing my job until i am notified.

Marina
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Postby Marina » Sun May 06, 2007 7:48 am

.

Employment laws vary widely from state to state.

Employers don't want to pay Unemployment Compensation, so they sometimes bully people into quitting their job, rather than letting them go.

There are no laws about working overtime. In the initial application, the applicant is asked whether they can work nights, week-ends, etc. I guess this applies to working out of town also. The consent given on an application is what has legal status in an Unemployment Appeals Hearing.

If an employee's situation changes, then I suppose a Notice to the Employer would serve as notice of a change of Consent status. If a prospective employee initially said he could not work overtime, then an employer does not have just cause for firing him for refusing to work overtime.

I feel if you serve your employer with a certified letter or something to that effect, stating when and under what conditions you are available to work, then that should be sufficient. If you are let go, and the employer appeals having to pay Unemployment Compensation, then I think you would have sufficient legal standing to fight the appeal.

There are certain things that are cause for dismissal, such as insubordination, disloyalty, violation of rules and safety, unexcused absenses, etc. But if an employer asks an employee to do something illegal, and the employee refuses, then that is not cause for firing.

Call your state Employment Commission and ask them how to handle it.

Or go to the Unemployment website. In Virginia, there are case precedents listed on there, which have the effect of law. Also, it makes a difference on whether the employer is a government agency. A policeman can't strip search a prostitute in a police station without certain procedures, but if a private employee gives consent to body searches for drugs as a condition of employment, then the "consent" condition takes on the effect of law if it goes to court. An employee loses any "rights" once they consent to something. It is like living in a Third World Country inside the place of employemnt.

Laws vary in states. California has very good employment laws protecting employees, but other states have absolutely nothing, so the "Employee Consent" is what makes stupid stuff legal if there is a dispute.

.

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katgotsteve
Posts: 219
Joined: Thu Dec 21, 2006 10:47 am
Location: Georgia

Postby katgotsteve » Sun May 06, 2007 4:22 pm

the funny thing about my job is this, i never filled out an application, i never met the orginal owner until he hired me over the phone, i met him the next day. i have never said i would work out of town for long periods of time, orginally when i was hired i was told on average i would have to spend one night per month out of town. i have never stolen from the company, but i have lost reciepts for company purchases, so he could probably use that against me.

i am not sure how the employment laws work either, i live in georgia and pay taxes in georgia, but my employer is based out of north carolina. he has never fought anyone else getting unemployment, i know of one other person who has been let go and she got it. i am just sitting idly by and waiting. he is sending me short emails about different things and giving me a really pissy attitude in the ims, i am keeping all of them. how does the employment laws in any state apply when no application was filled out and there has been no talk of overtime and other compensation?

Momoffor
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Postby Momoffor » Tue May 08, 2007 1:28 am

In VA I had to resign from my job because they changed the hours and required that we be available during these new hours. I couldnt find daycare and had to turn in my resignation. Due to this, I WAS eligible for unemployment,

BUT, any company can dispute having to pay it. They can use things against you as reason for not paying. A friend of mine at the same company resigned for the same reasons, and they fought her unemployment claims stating that her job ethic was poor and they were going to let her go anyhow. They won and she didnt get a dime.

Worse case scenario ...you get told no. But be prepared for poo flinging either way.


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