Unemployment Appeal

[cinderella1952]

I'm new to the forum. I was employed as an office manager for a Chiropractor that is in private practice. He was impossible to work for. He is a Scientologist and signed me and paid for a Communication Course at the Church of Scientology. I felt obligated to go because he was my boss and signed my check. I figured, "how bad can it be?"

Initially, I assumed the class would last a couple hours and be more of a lecture/power point demonstration. Upon going to the class my first day, I learned it was a 30 hour course and it was recommended I complete the class in three months. The first day of class, my boss met me down at the "church". I tried to go as often as possible to get the class over. In the beginning I was going 2-3 days a week and each "drill" would last approximately 3 hours. I HATED it! I was using my own gas, not being reimbursed for time or travel.

When I was going through the course drills, I was not very compliant. One of the drills involved another "student" basically harass me, call me names, make fun of my family, etc. and I had to remain "poker face" or I would fail the drill and have to start over. My daughters were called sluts, my mother-in-law was called a bitch and I was called the "c" word. I am not lying!!!!!!

After I started going to the classes, my boss's behavior got stranger and stranger to the point one day he stared at me for hours during my workday, making me very uncomfortable. He criticized everything I was doing, up to and including where I had personal items on my desk. I would be blamed if patients cancelled their appointment and it was my responsibility to find other patients to take their place.

If the "atmosphere" at work wasn't on "key" he would get out a book by L. Ron Hubbard and read passages from the book. One day he made me so uncomfortable by staring at me I ended up crying. When he was I was crying he said, "It doesn't feel good does it?" He proceeded to tell me now I know what it feels like and it was my duty to get more patients in and I was basically ruining his business.

I was so upset my husband rushed me to urgent care. My blood pressure was through the roof so the doctor immediately put me on stress leave for 4 weeks. I took the note to the office, along with my key to the office building and left it on his desk on Thursday which is day the office is closed. He was not at work that day.

My doctor requested I seek mental health professional and I started going to weekly sessions because of stress, anxiety, panic attacks and nightmares. The last contact I had with my previous employer is when he emailed me wanting my address so he could send me my W-2.

My doctor recently released me back to work, my job is no longer available and there are no other positions available at the chiroprator's office. I'm sure it wouldn't be a good idea if I returned anyway. I filed for unemployment and it was denied; although I can appeal. I have documentation that I prepared during the time the Chiropractor sent me to Scientology classes and dates and times when his behavior was bizarre and the things he did to me. I have also requested all my health records, including medical and mental health.

Bottom line, what do you think my chances are of winning the appeal process and collecting unemployment? I have been diligently looking for work since released from disability and have gone on several job interviews.

I apologize for the lengthiness of my post and hope someone can help.

Thank you

 

[army judge]

WOW.
I wish you well.
If you relate this story to the appeals panel or the administrative judge, it should illustrate the hostile work environment this nut case made for you.
I wouldn't have lasted one hour working for that bag of nuts & bolts.

Just tell the truth.
You have a very compelling story.
If I was on the panel, I'd rule in your favor.
Take care of your mental health needs.
I hope you get a complete recovery.

The hearing to contest the denial of your unemployment compensation benefits is very much like mini-trial. The employee and the employer find themselves sitting across from each other with or without legal representation in front of the administration law judge who will hear both sides, will allow both parties to ask each other questions and present their evidence and make a closing statements to support their position.

Support your Arguments with Evidence. The rules of admitting evidence are far more relaxed at an unemployment appeal hearing than the formal rules of evidence in trial courts. Thus, almost all evidence is admitted, although given different value according to its weight and credibility. The best evidence you can present is having actual, unbiased witnesses show up with you and testify as to the truth of what you you will telling the judge. The second best evidence is declarations signed under the penalty of perjury by any persons who witnessed any conduct by you or your employer, relevant to the appeal. Make sure to make two extra copies of any documents you plan to introduce into evidence - one copy for the judge and one for the opposing side.

Address Only Those Issues that are Directly Relevant to Your Claim. The biggest challenge that the parties to the hearing have is remembering that the administrative judge is only concerned with the most recent events that lead to termination. The hearing at the unemployment appeals board is not a hearing about harassment, discrimination, favoritism, defamation, retaliation or other civil claims. This hearing is strictly about whether the reason/s the employee was terminated disqualify that employee from the benefits.

Generally, the burden is on the employer to prove that the employee should not receive unemployment benefits. An employee, who is otherwise qualified for unemployment compensation, will be disqualified if he/she voluntarily resigned or if he/she was terminated for gross/intentional misconduct or comparably egregious violation.

The hearing judge gets annoyed and frustrated with the parties who bring their office politics and speculations about the workplace. The judge is not interested in hearing long stories about the history of employment and the background about the company. The judge wants to hear about the specific reasons for termination and see evidence in support of the parties' arguments. Thus, the shorter and the more directly relevant your arguments are to the hearing officer, the clearer your position will be.

Be Respectful and Courteous to All Persons Present at the Hearing. The administrative officer hearing your appeal has a significant discretion in making a decision in your claim, and therefore it is worth doing your best to come across as a likable, reasonable person. You should avoid at all costs being dramatic, interrupt your employer's arguments or even worse - the judge or speak directly to your employer. Focus on the only goal you are trying to achieve at that hearing - to qualify for unemployment compensation benefits. This is not the time to close scores or prove that you were a good employee and that you were terminated unfairly.





http://www.sanfranciscoemploymentlawfirm.com/2009/04/tips_for_winning_the_unemploym.html

 

[cinderella1952]

Thanks, I certainly hope you're right and I win. It's difficult not having the buffer while looking for work. I also hope having all my medical records helps. I'm scared of my ex-boss though and will absolutely freak out having to be in the same room with him for an appeal hearing.

 

[army judge]

Thanks, I certainly hope you're right and I win. It's difficult not having the buffer while looking for work. I also hope having all my medical records helps. I'm scared of my ex-boss though and will absolutely freak out having to be in the same room with him for an appeal hearing.

No worries, security & police are close by.
Besides, he might not appear.

 

[cbg]

FYI, the term, hostile work environment, has a very specific meaning under the law. It takes more than the employer being nasty to you.

 

[cinderella1952]

I'm not suing for hostile work environment. I don't want anything to do with the psycho. I just want my life back, to return to work and have a buffer while searching for work. I want the psycho out of my life permanently.