Wish me luck. Hearing before Dept of Labor tomorrow, seeking Unemp benefits.

[AHunter3]

Updates, for those following along at home:

a) I lost the admin law-judge hearing described above. BUT

b) I appealed it and I won the appeal! ::happy dance::! And the employer had not sent anyone to represent them at the admin law judge hearing so they have no appeal-options. The money has already been deposited into my account, in fact.

In FINDING OF FACT, the Appeal Board agreed that

The credible evidence establishes that the claimant did not voluntarily separate from his employment. We credit the claimant’s testimony that he was laid off, as evidenced by the employer’s withdrawal of the claimant’s access to the company’s cell phone, e-mail, software, and database, and hiring of an outside consultant to perform the claimant’s prior FileMaker duties. We find that the employer then dissolved the claimant’s subsequent untitled position and offered the claimant the choice of a different position without reference to a start date or salary, or a fair parting. Therefore, at the time the choice was offered to the claimant, the claimant had no job from which to quit as the employer had dissolved his position.

[kayT]

Congratulations! I’m glad you persisted in the face of it all. Nice that the Appeal Board seems to understand the issues and also expresses them clearly!

[Harmonious_Discord]

Didn’t you start another thread announcing the win a bit back?

[mhendo]

Excellent news.

[Zebra]

I would think the term ‘fair parting’ would be some sort of severance package, which they never specified.

[AHunter3]

@Harmonious_Discord

Didn’t you start another thread announcing the win a bit back?

::does a search on threads started by AHunter3::

Not that I can find.

@Zebra

I would think the term ‘fair parting’ would be some sort of severance package, which they never specified.

Yes, or something other than “we would allow you to quit”. Who needs permission to quit, unless they’re otherwise locked in via binding contract or something?

Well they did themselves no favors. They paid my full salary for two months during which they had me doing no work at all, only to end up having to pay (the company’s portion of) my unemployment benefits anyway (and/or get a hike in the company’s unemp comp tax assessment or however it works). They’d have been much better off thanking me for my services and laying me off in December. Or better yet, having me cooperate with the transition to Ruby with full knowledge and giving me glowing references while I looked for new work instead of trying to TRICK me out of the necessary schema information and then attempting to cut me off at the kneecaps.

[Harmonious_Discord]

Two posters were having this problem. It’s my problem that I confuse posters. I have to say congrats.

[Saint_Cad]

It sounds like a total setup so I’m glad you won. Giving you two months to violate policy & procedure then (when you didn’t) giving you two hours to make a decision using ambiguous terms. I bet if you didn’t give them an answer they would have claimed your silence was you quitting. I love how the appeals basically say you can’t quit a job that has already been cut.

My big question is how are 10% of Americans out of work yet the idiots that run that company still have a job?

[Uncle_Brother_Walker]

Kudos! Congratulations for fighting the good fight!