Really need advice...pending lawsuit...unemployment/contractor

Discussion in 'Family Life - Stories, Pictures & Updates' started by unionwirewoman, Oct 22, 2009.

  1. unionwirewoman

    unionwirewoman Chillin' With My Peeps

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    I know that it seems like I always come up here for non-chicken related issues....so sorry for those that feel this way , but I feel as if I have a good grasp on those issues . I do not , however have an abundance of friends/colleagues to give me advice on daily life . That's where you all come into play . If you all would please give me your opinions ...it would be very much appreciated .

    It is a story that has been going on for 3 years....it is long and drawn out ...so I'll spare those who don't want the whole story ,

    I'm a "3rd" year inside wireman apprentice in the UNION . The contractor who is my "home " has played me around including sexual harassment ( I stupidly ignored ) and has gone to the depths of saying the last job I worked for them , I quit . I was yanked off of a job they had 2 hours away from my home , to work at a job 5 hours away from my home because in the negotiations between them and my now husband . The negotiation was he would run the job if it only ran 8 weeks and if I could be on that job . Bear in mind that I had no idea this was happening . We worked the 8 weeks (night job , 11 hours for 5 days at a time ) .We went back to the contractor after 8 weeks ( I had told the contractor that I needed time off to prepare my wedding , which was 1 month away ) . I asked them if they had any work for me , they said no .

    Now I get a letter from unemployment saying I owe almost $2000 because this company said I quit . They are not fighting my husbands claim....we suppossedly quit at the same time . We are going to the lawyer in a few weeks . I would like to know if this is reasonable . I gave that employer a date on which I needed to take off and even contacted my apprentice director . Now they are fighting me and not my husband ?! They told unemployment I walked off the job with my "boy friend " . Really? They couldn't understand that we've been together for 2 years and were to be married in less than a month ?! Not only that ...the contractor told the apprentice commitee that she did not want us working together.....but changed her mind on this job because no one else would run it ....that is a fact .

    I guess what I'm asking is ....can we do a law suit . They denied me after 10 months....yet were paying my hubby who was on the same job and was the one who said we were done . If they denied me for "quitting" , wouldn't my hubby be denied for "quitting also ? Any info would be great ! Thanks for letting me vent ![​IMG]
     
  2. EweSheep

    EweSheep Flock Mistress

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    I, too, used to work for NECA IBEW and my union was NO help to me about my terminated job and the union leader quit on the same week as I did. Was Glad to get out of there and the union can kiss my big behind! Getting the unemployment was like a cat and mouse game and almost didn't get it after I appealled to the unemployment office and they agreed that it was justified. Left me alot of bad feelings toward NECA and the union.

    So, since you worked under the union, how is the union helping you? See if they can help you, if not, a lawyer may be needed in this matter. If both of you quit, it should have mattered to the unemployment, not one way or the other, regardless who you were with. If they made a mistake, then it is too bad and you should not pay the unemployments back due to their mistakes. Find out the limit of statuations on that one too.
     
  3. twentynine

    twentynine Chillin' With My Peeps

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    In simple terms:
    Was the job continuing after you and your boy friend left? Did they lay you off? Or did you guys just say we are leaving?

    If you guy walked out on a continuing job regardless of conditions, you quit you were not layed off. The job was there, work was available. The condition of you needing to prepare for your wedding has nothing to do with
     
  4. twentynine

    twentynine Chillin' With My Peeps

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    Sorry blackberry problems------

    To continue.

    Preparing for your wedding has nothing to do with the job or unemployment. If you were not laid off IE. Received an ROF you quit. If I were you I'd keep my mouth shut about the boy friend and his unemployment, they could go after him too!
     
  5. Sonoran Silkies

    Sonoran Silkies Flock Mistress

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    I pretty much agree with twentynine, but want to add, or I should say ask, was the job for a specified period, then they extended it past when you had agreed to work? Somewhere in your story it sounded like they transferred you without your agreement?

    There is a saying "the devil's in the details," and I think that that is what is important here. If you were sexually harrassed, a case can still be filed; I highly doubt the statute of limitations has expired.
     
  6. acdoc

    acdoc Chillin' With My Peeps

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    you say you gave him a date on wich you wanted to take off, how long did you want to take off for?
     
  7. ruth

    ruth Life is a Journey

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    Unless I've missed something you did walk off the job with your "boyfriend".

    Just because you planned for the job to only last 8 weeks and you two had a wedding coming up, didn't mean it was o.k. to walk off the job and expect unemployment.

    I think someone else mentioned that you shouldn't make too big of a stink about it because they may ask for his unemployment back as well.

    Unfortunately in the job world (and granted I know nothing about unions) personal matters take a back seat to work. You aren't guaranteed time off for weddings. You can ask and make prior arrangements and/or use vacation time and they can agree or not but if you quit because they say "no" then you did just that, you "quit".

    Why did you both have to quit at the same time? What did he need to do a month in advance?

    I'm just giving you my "If I were on the jury" opinion. I've worked all my life and I've had to plan, arrange and attend all personal functions around work. Finally, about 17 years ago, I quit work and started my own business and have been working for myself ever since. Every time I've hired someone to "work" they seem to think they should only show up when nothing better is going on in their life (not saying you have that mentality but it's what I see in the work world today.)
     
  8. GrayDragon

    GrayDragon Chillaxin

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    Quote:If you have this in writing anywhere, your case is already won. Send that to the unemployment office, and you are good.
     
  9. Sonoran Silkies

    Sonoran Silkies Flock Mistress

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    That may depend on whether it was a NEW job or the continuation of the old one.
     
  10. twentynine

    twentynine Chillin' With My Peeps

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    I went back and read the OP again, I am still unclear as to exactly what happened.

    Some things I can tell you about being in construction. Contractors do no like to "negotiate" working conditions. Such as 8 weeks only, what does the contractor do call it quits if he ain't finished. Boy friend running the job, demanding girl friend to be on that job. Just the mention of that makes alarm bells go off. Time off to prepare for a wedding? Really? My wife prepared for ours while working full time. My daughter prepared for her's while working.
    Maybe the contractor just might have gotten a bit of a belly full, trying to get the work done, while living up to your conditions.

    Shucks a 3rd year aprentice is almost their making dang good money. 11 hour nightshifts 5 days a week that's 15 hrs ot a week on top of union wage. And you and your boy friend walked away. Their is a whole bunch of BYC members who would have loved to be in that hard spot.

    Me I know I am no romantic. But I would have stayed on the job long as it lasted then went to a justice of the peace and got married. .aking a living is what you must do in this life artsy fartsy weddings are an extra.
     

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