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UI appeal- quit over legal issues in Georgia

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  • UI appeal- quit over legal issues in Georgia

    MY UI claim was denied, and I need to appeal soon.

    I quit my job because my former employer was paying on 1099, when I was actually an employee. 1099 status resulted in them not paying OT, and me having to pay self employment tax. I discussed this with them on 3 different occasions, and on one of those occasions employer told me that their accountant had informed them that I was an employee. The first of these discussions was probably 6 months before I resigned, and the last was several days before I resigned.

    When I resigned I was out of town, and I told employer that it was because of injury. I stated that this was the reason I gave my employer on my UI claim, stating that I gave the wrong reason because I was afraid employer would give me trouble.(They sometimes take business matters personally, but I did not mention that part.) I have admitted to having an injury at the time (having chosen that reason because I hate to flat out lie), but it was not one which would have caused quitting and I never stated to DOL that it was. Employer did, in fact, give me trouble anyway. Employer tried to hold my last check when I went to pick it up, and my girlfriend was there as a witness to this 'trouble'.

    DOL has determined that I was an employee, and eligible for UI, but denied my claim because I quit for injury, not a work related reason.

    Are OT violations and FICA/SE tax problems a valid 'work related reason'? Did I blow it by giving my employer a different reason for quitting? Or, is it just enough complex that they need a hearing?

    The only truly concrete evidence of any of this is my pay stubs proving I didn't get OT etc., and, possibly, a recording of me quitting.(Don't know if recording exists, but it could. I figure it doesn't matter anyway, since I was honest on my claim.)

    Any advice, help, or words of encouragement are welcome.

    Thanks

  • #2
    Additional info I just thought of that might be relevant- I didn't file my claim as soon as I quit. Waited 3 months. Embarrassed to file and didn't want to rock the boat. Finally HAD to file because I couldn't find new work and emergency fund running out.

    Comment


    • #3
      Sorry but you were your own worst enemy here. For one, quitting because you were incorrectly classified is usually not considered a good reason to quit as there are other remedies available such as filin a claim with the DOL.

      Second, as you have found, your employer is allowed to take you at your word at thw time of the separation. You either lied then, or you are lying now. Then, you had no real reason to lie about your health (you could have given any number of reasons including no reason at all). Now that you want benefits, it doesn't make you very credible to suddenly claim a reason other than the one you gave.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

      Comment


      • #4
        Thanks for the input.

        I'm going to be arguing fear of reprisal. I have evidence, albeit the word of a friend, that the fear was valid.

        Any idea if that will fly? I know that part of the DOL's job is to protect employees. (I know that another part is protecting employers, but I've got to have hope they'll see who was wronged.)

        Any other opinions?

        I'm going to file an appeal, but I need to know how much to manage expectations.

        Comment


        • #5
          You can try anything but anytime you give something other than the real reason, especially if it is half true, you are going to run into credibility issues. If you were untruthful once, why should the hearing officer believe you are being honest now?

          What reprisal? Your employer truthfully answered the question giving the state the answer you gave to them. That isn't reprisal.

          The DOL is side nuetral. They uphold the regulations and laws that fall under their goverance.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

          Comment


          • #6
            The reprisal I feared was the possibility that my employer would hassle me if they took my quitting personally, so I tried to give them a reason that they couldn't take personally. They hassled me anyway, trying not to give me my last pay check.

            I guess the 'side' thing sounds like me trying to make law out of emotion. I'm not trying to do that, but I'm so upset by the situation that it's creeping in to my words. Somebody's got to rule on this, and I guess I think of it as a fuzzy situation because of all the he said she said possibilities. (And I'll be super upset if I shot myself in the foot.)

            Thanks again for your help. Any other comments are welcome.

            Whether there is further discussion, or not, I will post the results. At the very least, I might serve to help someone avoid my mistakes.

            Comment


            • #7
              Hearing tomorrow

              Will update.

              Comment


              • #8
                Post noted - ok.
                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

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