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Truth in hiring Alaska

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  • Truth in hiring Alaska

    I live in Washington state. the contractor i went to work for is in
    Alaska. during the talks with the project manager he did not tell me all the fine detales about the project. Like mandontory use of resperitors and hazardious materials on the project. After accepting the job and traviling to Alaska Then after 2 days i was laid off and sent home. After getting home and filing for Unemployment he contacted the UI office and said i Quit. is this legal?
    thanks
    DP

  • #2
    I'm don't sure which action you are asking about, but they are both legal, because there is no law prohibiting either of those actions.

    If you are denied unemployment benefits, appeal.

    Were you working before you took this job? Did you quit another job for this one?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      I am talking about both, Him not disclosing all the details of the project and telling me i was laid off. then telling UI that i quit.
      At best he is not a honist man and then lied about me quiting to ui. I did not quit another job to take this one.
      thanks
      Last edited by powell; 07-19-2010, 05:12 PM.

      Comment


      • #4
        You can appeal the UI decision. However; before accepting this job, when was the last time you worked & for how long had you worked? You need to qualify "financially" for UI also. You need enough wages in the base period to file an UI claim.
        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.

        Comment


        • #5
          Originally posted by Betty3 View Post
          You can appeal the UI decision. However; before accepting this job, when was the last time you worked & for how long had you worked? You need to qualify "financially" for UI also. You need enough wages in the base period to file an UI claim.
          Have you received a notice of a telephone hearing to provide your side for UI?

          Relative to wages, in most states, you would have received a notice of financial determination already.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            Originally posted by Pattymd View Post
            Relative to wages, in most states, you would have received a notice of financial determination already.
            That's most likely true. Thanks, Patty. (I just wasn't sure based on info in OP's post re financial eligibility.) Betty3
            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.

            Comment


            • #7
              truth in hiring

              Now after 3 1/2 months I have been throught the appeial and won. the contractor lied in the haring and both myself and son won our appeal so we get our ui.
              Now: can i file a suit aganist the contractor and the project manager personaly for not telling the truth during the hiring process and for lieing during the appeal hearing.

              thanks

              Comment


              • #8
                What would you sue them FOR? You've received the back UI benefits, so you have no damages, right?
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                • #9
                  No, you can't. Lying is not against the law. Receiving UI benefits does not mean that they did something illegal.
                  The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                  Comment


                  • #10
                    Well, technically the OP can sue, he just wouldn't have a case or a chance of winning anything and like so many other lawsuits would be wasting the time of the courts.
                    Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

                    I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

                    Comment


                    • #11
                      There is a very small chance that a Detrimental Reliance suit would work. Particularly since the reliance on false representations would be part of the argument. The problem is that DR claims rarely work in a labor law setting. Worse, these are no DIY actions. They require a specialty labor law attorney who will likely want to be paid up front (as in "not on a contingent basis").
                      "Reality is that which, when you stop believing in it, doesn't go away".
                      Philip K. **** (1928-1982)

                      Comment


                      • #12
                        When I read this thread earlier, I started to suggest a "possible" DR case
                        but then I didn't. As you said, they are hard to win but I guess you never know
                        though.
                        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.

                        Comment


                        • #13
                          DR claims are hard to win in a "labor law" context because they are pulling on the other end of the rope as the very well established Employment-At-Will rule. DR cases, while not a sure thing, can do a lot better in a non-employment context because Employment-At-Will is no longer an issue in non-employment cases.

                          If we read one of the very few labor law DR cases that was a "win", like say Grouse, the judge always spends a lot of time explaining why the decision does not violate Employment-At-Will, and just how very limited the decision is. Which is the other problem with labor law related DR claims. In the few cases where they win, they tend to be very self limiting. The damages are always a function of the "lie", not the employment relationship. And not all "lies" are valid issues in a DR claim, even ignoring Employment-At-Will.

                          The big case that everyone likes to cite is Grouse, who was a pharmacist that interviewed and was supposedly "hired" by a big name pharmacy chain. Grouse quit his existing job, moved to the new location, reported to work, and was told when he showed up that the new employer changed their mind. Point of fact, the new employer never intended to hire Grouse. He was their backup in case their primary WHO HAD ALREADY STARTED WORK did not work out. The new employer not only deliberated lied to Grouse in a way as to cause measurable financial damages, but they made no effort what so ever to mitigate the damages to Grouses. They even put back the "start" date several times to make sure that the primary they previously hired worked out. Under Employment-At-Will the employer could legally fire Grouse the moment he walked in the door. But this employer functionally never had any intention of hiring Grouse and made no effort to mitigate Grouse's damages (a very big deal in a DR claim). What maybe everyone misses is that the employer did a lot more then lie. The above actions opened up a lot of non-labor law recourse doors. The new employer tried to hide behind Employment-At-Will, which worked, as far as the employment went. But that defense was worthless in regards to the actions the pretend employer took prior to the supposed first day of work.

                          Despite the extreme nature of this employer's action, this was a CA decision, and there were many strongly worded dissenting private opinions (outside of CA) who felt these were legal action under Employment At Will. IMO, probably the same people who feel that flogging should still be covered somewhere in Common Law.
                          "Reality is that which, when you stop believing in it, doesn't go away".
                          Philip K. **** (1928-1982)

                          Comment


                          • #14
                            Good post, DAW. In regard to employment at will, there are a few states that still
                            don't recognize DR as an exception to employment at will. (though Alaska &
                            Washington do)
                            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.

                            Comment


                            • #15
                              It seams rather odd the employer can not tell me the truth in the hiring process. then after arriving at he job 800 miles from home after 2 day send both myself and son home and tell us we are laid off. then contest our ui, not tell ui the truth.
                              Durring the appeal process (hearing) admit to the ALJ that they decided to termanate us on there own. Now the employer lost and we get our UI>

                              the damages we felt. our ui bennes were withheld for 1 1/2 months, we lost out on the wages we would have made and union bennifets.
                              STRESS including ui being held up, and defending ourself,

                              it would seam a employer should tell the truth about the work to be done, when I asked the employer about him not telling the truth he addmitted he did not and he also addmitted that during the hearing.

                              are there any laws about being truthfull during the hiring process. or can a employer tell you any thing to get you on the job. then discarge you with no problem when the employee asked a question about them not telling you the truth.

                              the issue was the use of respioraters and health issues for the both of us wont allow us to work in respioraters. they did not want to follow OSHA rules and provide the required medical testing before the respiorator fit test.

                              thanks
                              dp
                              Last edited by powell; 10-12-2010, 01:24 PM. Reason: left somthing out

                              Comment

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