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Appeals Process in NC North Carolina

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  • Appeals Process in NC North Carolina

    Hello
    I have a few questions... Hopefully I can get some help, I used to work for this place for 14 months, was offered the chance to be asst mgr, and even got a raise the day I was so called fired. Let me explain:

    On Dec 4th I was told by my boss I was getting a .25 raise, even though it was her and I talking, another co-worker was passing by and heard raise, and when the boss left he asked me if I was getting a raised, I confirmed it as he and I are friends, and left it alone, apparently he told the other co workers and they were upset cause they didn't get a raise and the mgr called the owner and he in turned called me a was cursing at me for telling others of my raise and hung up on me... At the end of my shift the wife came in and started going off on me, and I was already upset from her husband talking to me the way he did I told her I didn't want to hear it cause I had heard it from her husband, and I had to leave cause my ride was outside waiting... She said she didn't care and for me to stop and listen to her, I turned around and listened to her which she then starting saying F**k and etc, then she walked away so I walked away, I asked one of the mgr's if I could leave and she gave me the run around I was sent to 3 mgr's on duty and none of them would answer me, so I said forget this I'm done, I have to go my ride is waiting for me, and I left... The next day my friend texted me and told me that I was taken off the scheduled. I called in and asked what happen and if I had to come in since I was told I was taken off the schedule the mgr said yes your shifts were replaced, I asked him why, he said cause it was assumed I had quit mind you I never said I quit or anything. Then I told him I didn't quit I was coming back to work, he said oh well your shifts are covered so your no longer needed. So I filed for unemployment a few days later. Well after two months of waiting I was approved and was given a lump sum then the next week I found a job, now I was sent a letter that my boss is appealing the decision and now I have a hearing on Friday April 8th. And the boss got statements from employees saying that they didn't hear any cursing from her, and that I left cursing at them, saying I'm done and I quit which I didn't do the girl who wrote that statement as she was the only one everyone else said they didn't hear anything her and I don't get along never have, and now she was promoted to asst mgr. Everyone is scared of writing a statement on my behalf for fear of losing their job. They claim they wrote me up but the two write up don't have my signature and I was never made aware of them. Also if I was such a bad employee why did I get a raise? So now I don't know what to do, I cant afford a lawyer and even though I don't need it anymore I cant afford to pay back the $1300 I gotten so far. Anyone has any advice on what I should do, I called one lawyer for free consult and he said I didn't have to pay back what I got cause I won it the first time, but another lawyer said I might have too so Im so confused.

  • #2
    You basically have two different issues.

    1. You filed for UI. Your employer is contesting your claim. At the end of the day, it is the state's decision. Period. You tell your story. Your employer tells their story. The two stories likely do not agree with each other. The state gets to decide whose story the state likes best. You want some way to make the state accept your version. There is no such way. The state is very clear that this is their decision to make any way the state feels like.

    The very best you can do is do not take any action to make your situation worse. Appeal the decisions as many times as possible if necessary. If you have a hearing, treat the hearing officer like the Deity, because for purposes of your hearing, they are. Be very polite. Address all comments to the hearing officer. Do not interrupt for ANY reason. ANY reason means any reason. Whatever good reason you think you might have for interrupting, you are mistaken. Trust me on this. Only speak when you are spoken to and address your comments to the hearing officer. IGNORE THE EMPLOYER. Even if they are lying. ESPECIALLY IF THEY ARE LYING. Tell your story. You treating the hearing officer like they are not smart enough to make the decision without your help in no way helps your case. If you brass off the hearing officer, you will lose.

    2. You have a legal right to discuss your salary/wages with other employees under the NLRA. You can file a potential wrongful termination claim with the NLRB. However you have the same problem here as you did with UI. The employer will use the "liar, liar, pants on fire" defense. I am not saying to not talk to the NLRB. Based on what you have said, you probably should. I will say that it is not a sure thing. You will tell your story. The employer will tell their (very different) story. The NLRB will decide whose story they like best. Assume that the advise I gave for UI hearing officers applies equally to NLRB hearing officers.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      UI appeal info NC

      http://resources.lawinfo.com/en/Lega...e-an-appe.html
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        Thank you for that advice thats what I wanted since I have never been in a appeals hearing before and I wasnt sure how it worked... Now the owner sent me the statements throught registered mail does that mean I have to send them copies of my statement as well?

        And Im sorry but what is NLRB?

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        • #5
          National Labor Relations Board. Basically the people who handle union elections and such. However employees have certain general legal rights unrelated to union activity and that includes discusses their salary with their co-workers.

          NC is not my state and I cannot get more specific in my UI answer then I already have.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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