Employer will no cooperate

[mh105129]

After being terminated for pointing out health violations, being denied unemployment because they claim she quit, and harassing phone calls from her former boss, now my wife's former employer will not cooperate in filling out paperwork for food stamps. We have turned in the paperwork for them to fill out twice, they have refused to turn it in, twice, and now we have been denied, twice. My wife is looking for a job but we have to feed our kids. What can we do?

 

[jacksgal]

Its very possible she may be able to take legal action. Its generally unlawful (under whistle blowers act) to fire someone under the conditions you describe. she should consult a labor law Attorney or her Union rep if shop was Union

 

[Patricia_Young]

What does the county assistance office say regarding the failure to complete the form? If I'm not mistaken, employers (and former employers) are required by law to complete them.

Regarding "whistleblower protection", however, some states interpret this much more broadly than others, and Arkansas is not known for its state laws with similar issues. Generally speaking, unless the state specifically provides for such protection for internal complaints, this is not going to be a retaliation case. In most states, whistleblower protection is invoked only when alleged violations of law are reported to the appropriate external regulatory authority.

She's certainly free to speak with a local attorney versed in employment discrimination law, however.

 

[mh105129]

The county office just denied the claim, because they didn't have the information from her Employer. We explained to them what this company was putting us through and they had us reapply. We provided her ex employer with the paperwork over a week ago and it still has not been turned in. The county office said if they do not have it by the 14th, it will be denied again. That is only two days away.
Don't attorneys generally charge for this kind of case?

 

[Patricia_Young]

Attorney for which? Whistleblower? Yes. If you contact the nearest county Bar Association Lawyer's Referral Service, they can provide an attorney referral for a 30-minute consultation for a reasonable fee (in Baltimore, it's $50; could be even less where you are). At least you could get an opinion as to whether whistleblower protection applies in this case.

I'm a little confused, though. What information is the assistance office asking the (seeing as now this is the) former employer to provide?

And has she appealed the latest unemployment decision?

 

[mh105129]

They are simply needing to know how much she made per week and how many weeks she worked there. They will not provide that. She appealed the unemployment decision and is waiting to hear from them.

 

[Patricia_Young]

Did she keep her pay stubs?

The site prefers you not include the name of the employer; it doesn't matter to the question or the answer.

 

[mh105129]

No, she didn't keep her pay stubs. Besides, the county office requires that the employer or former employers fill out the paper work and fax it. They have been given the paper work twice, both times they never filled it out and both times we were denied benefits because that information is required.

 

[Patricia_Young]

I honestly don't know how they "force" the employer to reply. I thought they were required to complete the forms also. I would think the assistance office would be able to tell you HOW they get the employers to do that.