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Unemployment ...
Old 08-07-2006, 11:09 AM   #1 (permalink)
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I've got nothing better to do 'NOW'
So I will write about it for you to read when your bored ...

the company(A) I worked for fired me 6 years ago because I was selfish,
I refused to let a new guy use my personal tools ( he never had one tool and I had about $2000 worth of stuff )
as the boss was screaming at me to get off the property ( took me about 45 minutes to lug everything out to the truck ) , his last words were "I am telling everyone that you quit , you will not get a dime of unemployment from me "

( got a new job sameday(companyB) and worked there for 3 years until the business went under )
Out of loyalty to THOSE people we all went to work for the original company A
NOT my choice but not as bad as it could have been ....

fast forward 3 years to this past Friday ...
I show up for work like any other day and am greeted at the entrance door with a newly changed lock and the boss standing there with a rent a cop telling me I can't work there anymore
He stated the fact that my loyalty was more towards the supervisor ( the guy I went to work for at company B ) who was acting as supervisor , and with whom the boss was having a fight with over just about everything lately.

Here is the part I don't understand --
I can file for unemployment but under the State of Ohio laws BUT I have to go back to work with that company if he wants me to
ALSO I I have to supply proof that it wasn't anything on my part ????
All the employer has to say is that I wasn't doing my work and that's that !!!!

Are all ather states like that ?? ( I hear PA is )
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Re: Unemployment ...
Old 08-07-2006, 11:33 AM   #2 (permalink)
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I don't know for a fact - but having spent my first twenty years in Ohio, I wouldn't be surprised.

As far as I know, PA IS like that - although my particular position pretty much isolates me from those issues. I've heard some terrible stories from friends and acquaintances that supports your statement - the burden of proof is on the individual.

While I am not one to pursue legal actions lightly, this does seem to be an appropriate situation, particularly since you seem to have someone (your former supervisor) who can substantiate that (1) you have an unpleasant history with your employee; (2) you were locked out. You might consider talking to an attorney, depending on your situation and the financial status of the company. (Seems to me that there's little point taking them to court if they're about to go under - but it's your call.) Documenting that last may actually open a number of avenues to you.

Good luck, and best wishes.
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"Keeping shooting will do more for the excellence of your photography than most any camera will!" JimmyD, PGS Extraordinaire.
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Re: Unemployment ...
Old 08-07-2006, 11:37 AM   #3 (permalink)
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When I had my other business, I had 16 employees. I had people come and go and sometimes had people who didn't want to work. I fired one guy for not doing his job and had the state unemplyment people write me a nasty letter saying he was entitled to unemployment because I didn't give him a written warning each time he screwed up. If I were you, I would check with the state people and perhaps even talk to an attorney about this. To send you home with no warning and with a questionable cause, I would think you could draw unemployment as long as it lasts without having to go back to him if he was to call. What would keep him from making your life miserable (enough to make you want to quit) if you did go back?
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Re: Unemployment ...
Old 08-07-2006, 02:38 PM   #4 (permalink)
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The funny part was that when the supervisor showed up for work , I got a call from him asking me to come back
Seems they told him I had quit !!!

the REAL funny part was that 7 weeks ago I had put in my 2 weeks notice because I was doing the work of 4 people that he had gotten rid of in the last year and was getting blamed for not being able to keep up .

the boss begged me to stay saying I couldn't leave them hanging like that
now 5 weeks after that and slightly less backed up and WHAMMO !!!

I hope to never see that messed up place again in my life

It has been 14 years since I needed a resume , but I hope the look for a new job will still let me go to JT's Lancaster shoot that I just signed up for the day before getting fired

Only time will tell ( and maybe the lottery ticket I just bought will be a winner ! )
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Re: Unemployment ...
Old 08-07-2006, 02:54 PM   #5 (permalink)
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the stuff that goes on there is amazing , I never got to take any vacation time off
The end of 2004(one week before christmas) I was in a head on collision and they asked me to come back after one week off !!! (bruised and broken ribs and whiplash)
Said that all I needed to do was stand there and point at what needed done .

even today most of the other guys constantly take off and even during the busy summer season they get to take vacations

Time to move on
Are they still finding gold in california , got to buy me a shovel
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Re: Unemployment ...
Old 08-07-2006, 06:39 PM   #6 (permalink)
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Here in Vermont they have what is called Employment at Will law. Simply put it means an employer or employee can end the employment for no cause and at any time without any legal consequences. Who said that business or politics are fair just good bed partners who make the rules.
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Re: Unemployment ...
Old 08-07-2006, 06:47 PM   #7 (permalink)
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I think most states are similar. It is simply a matter of filing for your unemployment benefits and if they protest it, then you have a hearing before a labor commissioner. There are lawyers who can help you. Essentially, all you need to prove is that you did not quit, and you were not fired for a violation of the rules of the company. Anything the employer alleges that is not written down is presumed to be non-existent. They have to prove they fired you for cause, or that you quit. Oh, by the way. California is the worst state in the Union for workers rights, and the government out here takes most of your money. Be grateful you don't own a business in San Francisco. Now, companies have "mandatory contributions" so that the homeless, addicts, and welfare rats can get affordable (free) health care access. That last word is very important. They can go to your doctor, on your dime, and you gotta pay. Stay in Ohio, at least you all have water.
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Re: Unemployment ...
Old 08-07-2006, 10:08 PM   #8 (permalink)
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Good advice here so far. I doubt an employment lawyer can do much good in a "right to work" state which it sounds like you're describing. But, it never hurts to consult one and usually the first consult is free. Your former boss will need to contest any unemployment filing you make and if he doesn't have documentation, he will probably have to give you your job back (I realize you don't want it) or lose the case and pay the unemployment. Ultimately, this might cause your schizo boss to ask you to come back where he can begin a campaign of documenting every small infraction to ultimately fire you again. If he says you quit, have you ask him for a letter of recommendation? A glowing letter might be worth trading off for an unemployment claim that you don't file if jobs are plentiful for what you do. Try to stay unemotional as you navigate and negotiate and you can come out on top of this situation.

Cheers,
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Re: Unemployment ...
Old 08-08-2006, 11:58 AM   #9 (permalink)
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20 years in the sign biz and I have been around / worked with most of the local companies. they are all about the same .
All I want is a steady paycheck and time to play with my camera

After filing for unemployment and reading the rules...
I now know why people came in to fill out applications with no experience what-so-ever in the field
They DON'T want to work they just need proof that they 'looked' for work to qualify to keep getting benefits.

I would have liked more of a 'vacation' , but I already have an interview , most likely to get it , since it would screw up my trip to JT's workshop next month . That is my normal kind of luck.
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Re: Unemployment ...
Old 08-08-2006, 12:04 PM   #10 (permalink)
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I always wondered why an employer could let a person go anytime that felt like it
BUT the employee had to put in a 2 weeks notice or would get a bad reputation !

Sure the company wants to replace a person , but how come the employee can't get notice to look for a new income ???

oh well , I have an interview thursday , man I wanted some time off !!!

Mixed emotions about fun-time and income
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