Advice please....Unemployment....

unionwirewoman

Songster
12 Years
Sep 14, 2007
788
14
151
Kalispell , MT
For those of you that are reading this , thank you . I don't really have any friends to bounce this off of , only my family and husband , all of which are potentially biased . I need an opinion from outsiders to let me know if what I'm thinking is on track .

I am a Union apprentice wireman . In 2008 I was working night shift 2 hours away from home . My husband was working 3 hours away on another job for the same contractor . The contractor approached him and asked if he would run a job 5 hours away (night shift ) from home . The contractor said they would transfer me down there to work with him . He talked with me about it . I was concerned that I would not have time enough to plan our wedding if we went down to that job ( our wedding was less than 3 months away , and working night shift I was not able to do all of the last minute cake , decorating , final plans etc. with the shift I had and the job being 2 hours away . ) My husband told me that the contractor had a verbal agreement that the new job would not last more than 8 weeks . 6 months before this , I had talked to this contractor and had requested 2 weeks off before my wedding , and had told them that I could not be out of town 4 weeks before the wedding . They agreed to have me in town if they had a job available . Long story short , the 8 weeks was up and I went back to the contractor and asked them if they had any work for me...they said no...I contacted my apprentice director to let him know I was out of work . I filed for Unemployment for the 2 weeks I WAS NOT going to take off before the wedding . I went to work for a different contractor 2 days after my honeymoon , and worked for them for 4 months . I did not file for Unemployment again until 6 months after the last employer . September of 2009 I received a letter from Unemployment stating that I was denied because of the first employer in 2008 saying that I quit . I am now fighting Unemployment for back wages ( they say that I owe them almost $2,000 ). My question is.....how can a contractor put in a dispute against an employee well over a year ago ? Are the employers not responsible for turning in the paperwork in a timely matter , and why would Unemployment not see it as I do ? I am filing a grievance with the Union against this employer......if my political BA lets me . He seems to think that I had to do it in a timely manner.....what about the contractor !! Sorry this is so long....but being out of work for almost 2 years , and my husband has only worked 2 1/2 months in the last 2 years ( he's a journeyman wireman , and worked down in California....yeah .....work is that slow up here ) I'm just fed up with people walking all over me .
Another thing is....how can Unemployment say that I owe them that much ? If I understand it right , they go quarterly with employers . That being the case , 2009 filings would not be under the first employer...they would have to be under the last one I worked for wouldn't they ? I'm just afraid that I'll have to get a lawyer......very long story to do with the first employer....goes back to when I was 14 and didn't even know about the shop , family politics on their part . I'm sure I could win , but that would mean one less Union shop in our parts , and one heck of a long headache for me .

Someone please enlighten me on this whole mystery of Unemployment !
 
Well....the BA and I ...well actually most of the local Union hands think he's a piece of manure.... Him and I go WAY back with his back turning , and my husband and father inlaw ( Union ..in our local for 30 yrs . ) don't really like him for just that reason . He's more for the contractor than the Union members . The BA did say that that was not right , that the claim of "quitting " should have been filed in a "timely manner " , just like I should have filed my grievance in a "timely manner " . I didn't know what to do ...I'm new to this whole Union thing . My husband was out of state working at the time , and he told me that he would look at the letters when he got home . We did , and it took us 3 months of calling 300 times a day ( no joke ) to finally get someone on the phone to talk to on Unemployment . When I did get someone on the phone , they said it wasn't their department and gave me a number to call . I called it , left a message as directed , heard nothing back , called it again only to find out the person had been transferred to a new position and I had to try to call the main number again . Finally found a new number ...the gal answered , and said she only dealt with the employers . She ended up listening to my story , and felt compelled to contact others to try to get the ball rolling . I guess my main question is.....if the employer felt that I quit...why would they take over a year to file it with unemployment , especially when my husband supposedly "quit " when I did and he received an ROF (reduction of force , which to those who don't know what that means is a lay off ) .
 
UP HERE, the state is broke in the UE department. They just "borrowed" 54 mil to carry them through til spring. I'm a union pipefitter. Technically, you have the right to refuse to go anywhere, especially if it's a long ways out. IF YOU ARE JOURNEYMAN. Unfortunately apprentices in our local don't have much say. Depending on your "BYE" date is when how and who you "draw" from. (benefit year ending date). Sounds to me the first employer is hot you left, to do your original wedding plans. and now he doesn't want you to collect benefits from him. If I was you, I'd go to the UE office, and talk to an "Ajudicator", one who determines cases. Explain to him that you had the agreement, and that birng so far from home was taxing to your brain any way. He should hold this guys feet to the fire. They (UE) may already have a slew of complaints about the expletive any way. Seen that before. Good luck, and congratulations!
 
Sounds like you guys need to vote that guy OUT...
If he agrees that its not right and they didnt file in a timely manner..then.... he NEEDS to back you up... with a union lawyer or whatever they use. Thats WHY you are IN the union! Dont let them just push you under the rug..Speak up! Because they WILL try to just push you under the rug....dont allow it! You pay your union dues and if you need their help..they need to help you out!!!!
I'd be on him like white on rice..i'd speak up at upcoming union meetings... you gotta get your fellow workers ticked off with you..(because it could happen to them too!)
Always be polite and respectful..but i'd demand he help out your case. If he wont....there are people higher to go to...plus...like i said..get your fellow workers on your side... they'll give him pressure too.
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In Michigan employers must pay into the unemployment fund. The rate at which they pay is based upon the number of claims from their employees. If it works the same way in your state maybe your former employers is claiming you quit to try and keep his rates down. It's not right but I'd bet that's what's happening.
 
Gosh, I remember when this started last year, I thought the story was familiar.

Hope you get it resolved someday, best of luck to you!
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In MT, the employer has 8 days after you file your claim to respond to the claim. If you look under Montana government you will find this. I had a fight with them last year also, and believe me they are very slow.
I would call the Helena office and ask about the 8 day limitation on the claim and have them explain to you why you ar being denied after a year. Be sure to have your fact in hand so you can rebuff what the tell you if necessary.
 
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