Need Help Appealing Denial of Benefits! Georgia Georgia

[jjnewfie8383]

I recently filed for unemployment after quitting my job in January due to poor working conditions. My request was denied, and I can't understand why. The letter I received from the Department of Labor says that I quit for "personal reasons", which is completely untrue. I quit because since 2007, my job substantially changed and I was overloaded with work and new job responsibilities. By 2010, I was working 3 full jobs and my boss continued to promise me pay increases and formal reviews of my position, but none of this ever happened. I have saved emails from him stating just this. For 3 years, I was moved from a regular customer position into a full Executive position as the Director of Sales and Marketing, with NO matching compensation. Each time I approached my boss (the owner and CEO) about this, he would say, "It's coming, just be patient. Things are so busy right now I haven't had the time to schedule a review." He would set dates for my reviews and never follow through. Finally, he admitted to me that he never intended to give me a raise and actually said that he didn't feel my work warranted one. He used the poor state of the economy as an excuse and said that he "couldn't afford it." In January, I was asked to write a job description to add an employee to my department who I would be responsible for screening, hiring, and training. This new employee would report to me and work in the Sales department. I found out through the recruiting agency we were using that my boss intended to pay this new employee $20,000 more than my base salary, PLUS commissions. This was the final straw and finalized my decision to leave. It was clear that he intended to continue to keep me as cheaply as possible and had been stringing me along for more than 3 years.I provided this information to the Department of Labor when I filed for unemployment and they still denied my benefits, saying they felt I quit for personal reasons. I intend to appeal this decision, but I am new to the process and I am not sure how to do so. Some of the advice I've read in this forum says to be simple and concise in my appeal, stating simply that I disagree with the decision of the state. But during the hearing, I fully intend to supply copies of the email communication between myself and my boss as evidence of his empty promises. Do I have to supply this information with my appeal? I am worried about the company knowing too much about my argument.Does anyone think I have a case? How should I proceed? Any and all advice would be greatly appreciated. Thanks to everyone in advance.

[Marketeer]

From the Georgia DOL website:

I don't like my current job. If I quit, will I be eligible for EUC benefits?

Generally, no. If you voluntarily quit your most recent job, you would have to prove there was a good work-related reason to quit to be eligible for benefits.

In order to prevail on appeal, you'd need to demonstrate that the situation in which you found yourself was egregiously bad.

There is no law that says that the employer has to pay you what you think you are worth, only that the employer pay the applicable minimum wage. There's no law that says the employer must give you a raise when you take on new responsibilities. There's no law that says that the employer can't pay you less than other employees doing similar work, only that the employer can't predicate different salaries on a protected characteristic such as age, race, gender, etc.

You have an uphill battle here. Unemployment is for people who lose their jobs through no fault of their own, not for people who quit them. You would have been better off sticking it out until you found a new job.

[jjnewfie8383]

Thanks Marketeer..... what about the fact, though, that he continuously promised me a raise and failed to provide it? Wouldn't that serve as some sort of verbal contract?

[Betty3]

Most likely not - generally a verbal promise doesn't rise to the level of a legally binding employment contract. I know you said you also have e-mails regarding promised raises but the bottom line is you still quit.

[*darcy*]

Your situation sounds very similar to mine ... I left my previous job due to a "material change in job duties/responsibilities and working conditions"

When you write your appeal or have your hearing, be very objective - don't get overly emotional, or it will seem like its a personal reason and not a job related reason.

My first UI claim was denied, and I received copies of the phone interview before the appeal that my previous employer had with the DOL.

He told them that I had a terrible attitude and all sorts of other insulting comments!!! (uugghhh!!)

I was very objective in my appeal statements and laid out FACTS not insults, gave my evidence, and stayed very professional in all of my discussions about the situation.

My determination was reversed and I was made eligible for UI.

Just state the facts, state the title and responsibilities that you were hired for and then compare them to what you're doing now. If its a serious change in your responsibilities, then you quit with good cause.

I went from working a desk job (marketing, graphic design, answering phones, etc) to being told I had to work in a non-climate controlled assembly area making vinyl signs (ohh but the vinyl is like graphic design - NOT!).

Good luck!