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Denied UC Benifits...Should I contest? Pennsylvania

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  • Denied UC Benifits...Should I contest? Pennsylvania

    I quit my job!

    Ok, bad thing to do...but I got P*ssed off on what they did to me.

    Long story short, the company representative accused me of using the owners credit card to 'buy' a program which I installed on a company computer.

    I was confronted by the representative and TOLD to leave the workplace and walk across the street to the owners residence for a meeting, which I did. On the back porch of one of the owners, I was accused of 'purchasing' this program 'using the 'owners credit card'. The owner, the representative, and a 'witness' were present. I 'callled' the representative to show me proof that I did (which I did NOT), and was told that "I'll get to that". Well, he never 'got to that' (because I did NOT do it!). The meeting ended with my explaination being confirmed benign by the witness. All was honky dory. I went home that night and got p*ssed about being accused of stealing.

    Next day I quit. Filed for U/C. Company denied it (of course).

    I filed for U/C due to Hostile work enviroment/false accusations.

    I was denied U/C due to it being my responsiblity to prove it (Burden of proof).

    My question is. How could I prove this? I was removed from the workplace by request of the employer/employer representative. Under these circumstances, I have not opportunity to have any other employees present, (or anyone else for that matter).

    I DID NOT HAVE CAMCORDER RUNNING DURING THE MEETING! (Like I would be able to at a moments notice!)

    ...

    Do I have a chance in contesting this denial of benifits or will I be wasting my time??

    P.S. I am leaning on contesting this and having a hearing. Anyone know of any FREE legal assistance that I can accuire to help me at this hearing?

    Thanks for anyhelp!

  • cbg
    replied
    It is always worthwhile to appeal. Look at it this way - if you do appeal, the decision might be overturned; if you do not appeal, the decision will not be overturned. What can it hurt?

    BTW, just so you know, the term, hostile work environment, has a very specific meaning under employment law, and what happened to you, while maybe unfair, does not fit the definition. You don't want to hurt your own case by claiming something you cannot support.

    As far as your insurance is concerned, the cancellation date is determined by the plan document. It is not particularly common for cancellation to be backdated to before the date of termination (voluntary or involuntary) but it is not unheard of or illegal either. COBRA, if elected, is always, always, always, always, always retroactive to the date of cancellation, so if you had had a medical procedure between the 1st and the 11th, it would have been covered as long as you elected COBRA for August. If you believe that the coverage should have continued into August and that the policy was violated, you can ask your former employer for a copy of the Summary Plan Description (they are required by law to give it to you on request) which will tell you how the plan handles cancellations. IF the plan was violated, the regulatory agency to report the violation to is the US DOL.

    You can file a wage complaint with the PA DLI with regards to unpaid wages.

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  • Triedtoplease
    replied
    Additional Info...

    I recently learned that they were attempting to get me to quit. I have some fairly serious medical problems that were raising their (the company) medical insurance drastically. In hind-sight, I remember the one owner complaining about the increase in medical insurance payments.

    Secondly, I 'QUIT' on August 11, 2009. I received a letter in the mail a few days ago that the insurance carrier was canceled my insurace on August 1st!!!! How can they do that? What if I would have had a procedure or visit during the 1st and the 11th? That would have given me big problems!

    ALSO, I QUIT on August 11, 2009...... I have not been PAID for the prior week or the prior Day! It's been almost 30 days and I haven't been paid. Is this legal?

    Thanks again for any info...

    Leave a comment:

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