Do I stand a chance winning my appeal for UI benefits?
I’m twenty years old and was previously extremely naive. When I’m done you will see why. I have worked in the wireless industry since I just turned 18 years old, primarily for T-Mobile. I was recruited last May of 2010 by a store manager who, AT THE TIME HE WAS TRYING TO RECRUIT ME, claimed he was the “district manager.” He completely lied to me about his title. Oh.. and he recruited me via facebook. This is what I meant by NAIVE. I was so stupid and I beat myself up for it quite a bit. He lied to me about the commission structure, explained that the company had recently gotten bought out is looking for managers and that with my qualifications I am a great candidate for a management position. He paid me a little bit more hourly (but in retail it’s base + commission) and it was closer to my home. So, I was flattered to be “recruited” by what I thought was an honest and professional man who saw great things in my future. So, I gave my two weeks with my company and went to work for this guys company just to find out in just the first few days that the company was a complete joke, the benefits and commission structure was all a lie, and he wasn’t even a district manager like he told me he was. He scheduled with me almost everyday I worked and would frequently ask me to go out with him or him and his friends on the weekends. I always denied. He was a creep. I finally told him, “Just a heads up. I’m looking for a new job. This job has turned out to be a complete joke and I am so upset you lied to me to get me to come here and leave my other job.” He fired me the next day. I went into work and he had a termination paper saying that I was frequently late and had two no call no shows. It was BOGUS! I told him I wasn’t signing it and he said I had to. I said I didn’t have to do anything and I made a copy of the termination paper right there in the store in front of him, bid him a nice day, and left. I filed for unemployment and after ELEVEN WEEKS I have found out that I was disqualified because of the statement his company put in. It pretty much said EXACTLY what the termination paper said that I didn’t sign. I am going to appeal the determination and I have a witness that worked with us at the same store frequently and noticed his flirtatious attitude and she was also there the day he fired me with the complete bogus termination claim. I have talked to a lawyer and she suggested I file sexual harassment with the EEOC and so I am going to do that Tuesday since it is labor day weekend. I have comments from him on my facebook that I can print out and send in that show him trying to recruit me and also just being flirty on my status’ (i never responded to him…until he dangled that amazing job offer in view)… Will those documents help to fax into the office of appeals? The Facebook and the sexual harassment claim? Will the witness who was there who witnessed him flirting with me and also the fact that I was NEVER late or NEVER did a no call no show help?? ALSO there is not even any written documentation of those accusations…. he just fired me and wrote this false statement! What chance to I stand and what will help me in my case?!
Of course documentation helps, but here’s my concern ..
What is the disqualification for quitting a perfectly good job to accept this job. Does your state have a provision for quitting for a better job as good cause.
Can you prove the disparity between what he enticed you with vs. the real commission structure?
And by the way, I too think you should file the EEOC complaint.