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So many violations... South Carolina

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  • So many violations... South Carolina

    I recently filed for unemployment and my former employer appealed. She didn't show up for the hearing. I was called the next day to say the examiner didn't see the notation where she had requested and had been granted a phone conference and I would be getting a call the following day to conduct the hearing. I had a witness who wasn't available for this phone conference. I also feel I have a strong case for "constructive discharge". I tried calling an attorney, but with only a few hours to spare, could not get one on the phone. Can I appeal an appeal?
    This employer also refuses to pay any overtime. She removed the "punch" clock when she was audited several years ago and installed a time clock on a computer. I have even seen employees clock out at 40 hours and continue working. Several employees do work over 40 hours, but their check never shows anything over 40. She made 2 employees "supervisors" in name only to...in her words..."avoid the overtime thing.
    Last edited by debnanny; 05-27-2011, 08:08 AM.

  • #2
    I was called the next day to say the examiner didn't see the notation where she had requested and had been granted a phone conference and I would be getting a call the following day to conduct the hearing. I had a witness who wasn't available for this phone conference.

    Did you tell the person who called that that day and time wouldn't work for you as your witness was not available? If not, you should have.

    Can I appeal an appeal?

    Yes. If the hearing decision denies benefits, you may appeal. Information on how to do this will be included with the hearing decision. It's highly likely that the next appeal level is an administrative appeal only - no new testimony will be taken and no new evidence presented. The next level of appeal almost always is a review of the testimony taken and evidence presented at the hearing to determine if the hearing examiner made the correct decision.

    This employer also refuses to pay any overtime. She removed the "punch" clock when she was audited several years ago and installed a time clock on a computer. I have even seen employees clock out at 40 hours and continue working. Several employees do work over 40 hours, but their check never shows anything over 40. She made 2 employees "supervisors" in name only to...in her words..."avoid the overtime thing. .

    You may contact your State's Department of Labor/wage and hour division and report the violations.
    Last edited by Beth3; 05-27-2011, 08:26 AM.

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    • #3
      Thank you for the reply. I thought as much. Guess I needed verification. The office has MANY violations, but through loopholes and deceit, she gets away with a LOT.

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