About To Lose My Job

[Talent312]

Statistics can be made to prove almost anything that we want to prove when we monkey with the underlying data that produces the stats in question.

"There are three kinds of lies: Lies, damned lies, and statistics."
-- attributed to British Prime Minister Benjamin Disraeli (by Mark Twain)

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[isisdave]

Is it possible your employer would fail to appear for the hearing? Any history of that among your colleagues? I remember you said they really don't have an HR department, and it's just as far for them, plus using a day of someone's time. Would you prevail if they failed to appear?

 

[Bwolf]

Personally, I would drive to the face to face hearing. It proves my conviction. Have a lot of documentation ready to hand over. If your company does not have an HR department, it is likely no one there knows how to handle the hearing. If it is your boss who shows up, he may possibly blow up in the meeting, lending credence to your statements. If it is someone else, they will likely fumble around. If they fail to appear, isisdave's question applies.

Keep in mind it was a forgone conclusion your initial claim would be denied because you quit. It is the appeal where you may prove the hostile work environment and win your case.

 

[WinniWoman]

Is it possible your employer would fail to appear for the hearing? Any history of that among your colleagues? I remember you said they really don't have an HR department, and it's just as far for them, plus using a day of someone's time. Would you prevail if they failed to appear?

They do have a center in that county. I think there is a chance they actually would go to the hearing. Not sure if they didn't what would happen.

 

[Patri]

When I was already on unemployment, over time I found other part-time jobs and quit them (one was hurting its own reputation with its actions and I didn't want my name associated with them, the other job was not what they promised) and it did not hurt my benefits. So you may have a good chance to be approved. The agency doesn't have your records yet, does it? They just need to hear your story.

 

[pedro47]

Food for Thought Questions:
Did your employer have an HR person onsite in the office where you were employed?
Did you ever talk to HR about your situation and where was it held (onsite or in the county office)?
Ask that HR person from the county office are they familiar with your case and personnel history? And When did they talk to you?
Did you ever have a poor or unsatisfactory evaluation during your tenure with your employer or supervisor?

 

[isisdave]

They really don't have that much invested in your case personally

State Unemployment Insurance (SUI):
Wage Base is $10,900 for 2017 and $11,100 for 2018
Rates range from 1.3% to 9.1% for 2018

It's not like they're on the line directly for your UI benefits. They have a pool or reserve, which can be negative, and the rate they pay, 1.3 to 9.1 % of the first $11,100 wages, depends on how much is in it. If your claim succeeds, it may worsen their rate, but not if they have lots of other claimants, and not if it's already near the max.

At the very worst, they're paying UI taxes of 11,110 * .091 = $1,011 per employee per year.

 

[WinniWoman]

When I was already on unemployment, over time I found other part-time jobs and quit them (one was hurting its own reputation with its actions and I didn't want my name associated with them, the other job was not what they promised) and it did not hurt my benefits. So you may have a good chance to be approved. The agency doesn't have your records yet, does it? They just need to hear your story.

Yours was a different situation. You were already on unemployment. Mine have been denied form the get go. The UI office interviewed me on the phone.

 

[WinniWoman]

Food for Thought Questions:
Did your employer have an HR person onsite in the office where you were employed?
Did you ever talk to HR about your situation and where was it held (onsite or in the county office)?
Ask that HR person from the county office are they familiar with your case and personnel history? And When did they talk to you?
Did you ever have a poor or unsatisfactory evaluation during your tenure with your employer or supervisor?

No
Yes-phone-
Back in March or April
No

 

[WinniWoman]

So, I have given this a lot of thought and yesterday I went over all the emails I have. I drank 2 screwdrivers going through them. Wow....my head was spinning. LOL!

I also researched on line and watched some You Tube videos on Unimployment Hearings and on the laws- some presented by attorneys.

Remember- I had already written up everything and sent it to a civil rights attorney way back and he said he would not take the case, but would reconsider it IF i got fired.

So- I have decided not to pursue the appeal. First off, I don't think I could win an appeal. From what I understand the boss would have to do something blatantly illegal in terms of age discrimination or harassment. For the age discrimination, him calling me "mom" BEFORE he was in the director position- I would think I would need a witness. Though one of the doctors knows the stories, she was not there when he actually did them, plus she earns her livelihood there and I am sure she will not put that in jeopardy. And to go digging up the people he did it in front of-our clients and past employees- ugh. Not going to happen. So it would be my word against his.

Second- regarding harassment/bullying, from what I understand it is not enough to just have a boss who is a jerk and a bully. He would have to actually do something like make me perform an illegal task or put me in an unsafe situation, threaten me with bodily harm, etc. Because he makes people miserable and makes it hard to do their jobs, that supposedly is not enough in the eyes of the laws in an employer "at will" state.

On top of everything else, it would take a couple of months to be resolved.

I am just going to put this all away and concentrate on moving forward in my life. All the documentation is going to go into the fireplace once we get it up and running for the season- and I will sit there with a glass of wine and fell all is right with the world.

As an aside- the idiot mistakenly paid me my full salary this past Friday. Going over my bank statement, I saw an electronic deposit into my checking account and then saw it taken out again- I guess when he realized it was an error. Meanwhile, I have been trying to get my 401k rolled over into my IRA since I left. He evidently did not have me terminated in "the system" and the 401K broker has not been able to generate a form for me to fill in for the transfer. She had previously sent him an email regarding this; now she was going to send him another one. But she warned me I would have to wait until the NEXT payroll date for her to generate the form once he takes care of the termination.

I called the new payroll company and they have me in as terminated retro 9/21. But the 401k is held with the old payroll company, so maybe that is the problem- don't know. All I know is I just want to be done with any ties to this company and move on. SMH..................

 

[pedro47]

I wish you happiness in your new job. Gook Luck and stay focus.

 

[WinniWoman]

I wish you happiness in your new job. Gook Luck and stay focus.

Thanks. No new job yet. I am taking a sabbatical. LOL!

 

[WalnutBaron]

Mary Ann, none of us can walk in your shoes and so--whatever your decision was going to be--the one you made would be the right one. Personally, I think you've chosen well. You mentioned in another post that you are still "decompressing". I think you've chosen the path that puts the whole unpleasantness of your past job where it belongs--in the past. Your decision also allows you to look forward, which is always a healthy thing.

As my wife is from upstate New York, I know a little bit about the lovely time of year this is in the Northeast. I hope you take some time to enjoy long walks, maybe a cup of hot apple cider, and taking a few photos for the rest of us of the lovely fall colors that can't be matched in your part of the country (except, perhaps, along the Blue Ridge Parkway).

 

[DaveNV]

Mary Ann, you’re a strong, powerful woman with indomitable character. Enjoy watching every piece of that mountain of stress burn to ashes. Then have another glass for me. Good luck, girl. You rock.

Dave

 

[WinniWoman]

Got a chuckle today. A coworker texted me that the boss said he is going to take over the marketing himself! LOL! What happened to the hundreds of resumes he said he got when he posted the ad for my job back in July? What happened with hiring the "second" marketing person? For sure he will bring that place down and I can't say I care! SMH.....

 

[WinniWoman]

Mary Ann, none of us can walk in your shoes and so--whatever your decision was going to be--the one you made would be the right one. Personally, I think you've chosen well. You mentioned in another post that you are still "decompressing". I think you've chosen the path that puts the whole unpleasantness of your past job where it belongs--in the past. Your decision also allows you to look forward, which is always a healthy thing.

As my wife is from upstate New York, I know a little bit about the lovely time of year this is in the Northeast. I hope you take some time to enjoy long walks, maybe a cup of hot apple cider, and taking a few photos for the rest of us of the lovely fall colors that can't be matched in your part of the country (except, perhaps, along the Blue Ridge Parkway).

Thanks. Ironically, the weather has been awful this year since summer! An unprecedented amount of rain most days- torrential downpours. Extremely high humidity levels just this month! Crazy stuff!

Unfortunately, this has resulted in lackluster color. A lot of trees are either still green- whatever leaves are left on them- or brown. The reds have not come out much if at all. This is my favorite month and it has been a disappointment.

Meanwhile I am getting tons of stunning pictures from people up in Vermont and New Hampshire where the past couple of weeks the leaves were at peak!

Usually around here the peak is the week after Columbus Day week,, but the rain definitely messed that up this year.

Since i have been home, there have been just 3 days of no rain. Each one of those days I have been rushing outside to get some chores done (is anyone else crazy enough like me to hand wash their vinyl siding?) to beat the next downpour. We also had our frost frost over the weekend. Hubby is behind on his wood splitting, but managed to make a dent on one of the dry days.

Today it has been sunny and cool and thankfully Alexa says tomorrow will be partly sunny and no mention of rain for the first time in I don't know how long. Two days of no rain- what a concept! This is good as tomorrow I have a lunch date in Pennsylvania with a Smuggs timeshare buddy! Ironically she is also unemployed as she recently quit her job as well! We are now both on austerity budgets so we are hitting the popular and affordable local diner in Milford- a really pretty town. We can share war stories and actually laugh!

Maybe there will be some brilliant foliage color over there!

 

[Cornell]

Mary Ann, I don't know you at all and very infrequently post on TUG but I've been reading this thread since last March and I must commend you with your patience and perseverance. You've kept it classy throughout , which is lacking so much these days . I, too, am greatly affected by the weather so I can hear the "gloom" in your writing w/the rain. Keep the faith! And I think you've made a great choice to move ahead. Life is filled with so many twists and turns -- I have discovered that things very often don't go as planned. I had to completely reinvent my life about 8 years ago. I'm not living a life that I never envisioned 15 years ago. But it's ok! Savor your new freedom.

 

[WinniWoman]

Here are some pics from our property so you can see what I mean about the limited color. Ok. So I threw in a pic of hubby's wood pile as well. LOL!

 

[DaveNV]

That's ^^^ nice!

Dave

 

[am1]

Why is the wood above a tarp?

 

[WinniWoman]

That's ^^^ nice!

Dave

Thanks, but the color should be very vibrant now and as you can see it is no where near that because of all the rain and strange temps and humidity we have had. Hoping we will get at least some vibrant shades before all the leaves are down.


For contrast, here is a pic that a neighbor of ours took at Sam's Point (aka Ice Caves Mountain) nearby here where we live 2 years ago on October 21st. (We live near Shawangunk State Forest.)

 

[WinniWoman]

Why is the wood above a tarp?

LOL! I have no idea why he does that- but he surrounds the wood completely with the tarp. He doesn't like the wood lying on the deck I guess. In other words, he drapes the other half of the tarp over the wood and pretty much wraps it to try to prevent water/snow from getting inside. Then he places bricks on top and the sides so it doesn't blow off.

The wood pile is right outside out back door and the wood stove is right in that room just a few steps away.

 

[geekette]

Oh yes, get some nature fixes! It's beautiful. I hear ya on rain, tho, I am soooo Over It.

I agree with so many others here, you're doing great and doing YOU a great service in just moving on. It's just not worth the ugliness that could ensue. There are bad employers all over the place. I am getting terminated since I have been on med leave for a year. I'm sure that is inspiring loyalty in my team left behind. I guess I'm not surprised and not bothering to be concerned about it. In my city, I can find a job when it's time. I know I'm lucky that way, I know it's not so easy in your neck of the woods.

Like Cornell, I'm reinventing. I can't handle a full time job yet so relying on my disability policies meanwhile (it turns out that I was very smart in my 20s to CYA Just In Case) and working on my physical and mental health. Nature, growing stuff, music, dance, I've tried painting (not artistic that way!), and going headlong into sewing and maybe making jewelry. Revisit the hobbies you haven't had time for and maybe you can turn one of those into something you want to do. Doesn't have to be self-employment, could be working in a place that makes widgets that you are good at designing, could be a supplier that provides a discount on stuff you would buy anyway.... Maybe not the money you made, but sometimes Happiness has its own cost extracted from cash flow.

I had thought I might work at Starbucks in retirement PT, but retirement is finding me first, maybe, and if I had to have a job Right Now, I might go part time with JoAnn Fabrics or find something more serious in the hospital that has been so good to me. Creative stuff is good for me, I've been away from tangible efforts due to computer work with intangible results, so I'd really like to stay away from another damned computer job although that is the path to high pay for me. Sometimes compromises must be made, choices you wouldn't dream you would make become the obvious way to go, etc. You're smart and strong, this is all going to be just fine. Definitely, celebrate the incineration, toast to The New You. Tough cookies like you don't get felled by assholes like him. Living well is the best revenge.

Do some nice things for yourself to continue decompressing and see where that takes you. Could be you find motivation and inspiration to try something very different and maybe just maybe there are hidden benefits you wouldn't have imagined behind a door you would never have imagined you'd knock on.

Life is change. Buckle in, embrace the opportunity.

 

[DaveNV]

Thanks, but the color should be very vibrant now and as you can see it is no where near that because of all the rain and strange temps and humidity we have had. Hoping we will get at least some vibrant shades before all the leaves are down.


For contrast, here is a pic that a neighbor of ours took at Sam's Point (aka Ice Caves Mountain) nearby here where we live 2 years ago on October 21st. (We live near Shawangunk State Forest.)

View attachment 8641

But when the Fall color does hit, it should be remarkable. When I said it was nice, I meant the general forested scenery. I'm sure when the leaves turn, it'll be spectacular.

Dave

 

[WinniWoman]

Oh yes, get some nature fixes! It's beautiful. I hear ya on rain, tho, I am soooo Over It.

I agree with so many others here, you're doing great and doing YOU a great service in just moving on. It's just not worth the ugliness that could ensue. There are bad employers all over the place. I am getting terminated since I have been on med leave for a year. I'm sure that is inspiring loyalty in my team left behind. I guess I'm not surprised and not bothering to be concerned about it. In my city, I can find a job when it's time. I know I'm lucky that way, I know it's not so easy in your neck of the woods.

Like Cornell, I'm reinventing. I can't handle a full time job yet so relying on my disability policies meanwhile (it turns out that I was very smart in my 20s to CYA Just In Case) and working on my physical and mental health. Nature, growing stuff, music, dance, I've tried painting (not artistic that way!), and going headlong into sewing and maybe making jewelry. Revisit the hobbies you haven't had time for and maybe you can turn one of those into something you want to do. Doesn't have to be self-employment, could be working in a place that makes widgets that you are good at designing, could be a supplier that provides a discount on stuff you would buy anyway.... Maybe not the money you made, but sometimes Happiness has its own cost extracted from cash flow.

I had thought I might work at Starbucks in retirement PT, but retirement is finding me first, maybe, and if I had to have a job Right Now, I might go part time with JoAnn Fabrics or find something more serious in the hospital that has been so good to me. Creative stuff is good for me, I've been away from tangible efforts due to computer work with intangible results, so I'd really like to stay away from another damned computer job although that is the path to high pay for me. Sometimes compromises must be made, choices you wouldn't dream you would make become the obvious way to go, etc. You're smart and strong, this is all going to be just fine. Definitely, celebrate the incineration, toast to The New You. Tough cookies like you don't get felled by assholes like him. Living well is the best revenge.

Do some nice things for yourself to continue decompressing and see where that takes you. Could be you find motivation and inspiration to try something very different and maybe just maybe there are hidden benefits you wouldn't have imagined behind a door you would never have imagined you'd knock on.

Life is change. Buckle in, embrace the opportunity.

Wow! Thank you! But- what the heck? You are losing your job because of your medical condition?!! That is horrible! That also happened years ago at my job with this poor young woman who developed breast cancer (in her 30's) and they terminated her after just 3 months! This always proves to me loyalty does not pay. Even as an employee you have to think of yourself as your own boss- independent as is possible- out for yourself- not your employer. Yeah- do your job that you are paid to do but that is it. No love.

I saw you post about the craft fairs. Looks like something that may make you happy, but not rich. But that's ok.
I don't blame you for not wanting to go back to computer jobs. Working with your hands and creating something is so much more satisfying I would think. BTW-One thing that does well at events like fairs is food! Fried (funnel cakes) dough is always a big hit and makes money! I know from when my husband was a BoyScout leader and he and my son would man the tables and make them. They sold like crazy and they made lots of money for the troop!

I have seen jobs posted that I could apply for, but when I read the descriptions I get that sinking feeling and say "no way" ..... I actually have seen some that maybe would be somewhat "fun" (I use that word loosely), but then I say- uh- no. I look at the applications- ugh! I don't even have a resume right now. Ha! Ha! The thought of even making one up makes my eyes roll behind my head. I don't think the job for me has been invented yet! LOL!

Down the line I think I would like to do something on my own from home. Maybe. I will see.

One word of advice- be careful about going into health care. It is the pits these days. Talk about stress..

Best of luck to you and let us know how you are fairing with this new direction. It is tough enough to go through an illness such as you have had, and then to have to deal with a job loss on top of it- omg- you have a great attitude- I give you a lot of credit. You will succeed. Like you said- you have embraced it and you are looking forward. That's the right perspective to have!