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does my argument hold water?

by drew
(ma)

I quit my job of 7 years back in October, I was a project manager with a landscape construction company. Over the years My boss' older brother would work with me as my subordinate. He has a drug problem, and I found countless crack pipes, little baggies, the whole 9... This went on for years. I made my boss aware of this on every instance. As blood is thicker than water, he never did anything about it. He would be smoking crack in company vehicles and hiding drugs and or paraphenalia in trucks I would have to drive. Also operating heavy equipment while high, putting my safety in jeopardy along with the safety of my men. In october, it had gotten to the point where he was stealing copper from customers in order to scrap the metal for drug money. This is when I quit. I made numerous attempts to fix the situation to no avail. My ex employer denied my claim and I'm still waiting for my hearing date, its in MA, so its a total run-around...does my argument hold water?





Hi Drew,

You did not present what I would call an argument.

You told me why you quit .. and although it sounds like a reasonable reason to quit a job .. if you consider the long history here .. an argument is what convinces the hearing officer that good cause existed to quit for the final incident.

If you go back seven years and dredge thing up ..
you are diluting your argument with your own apparent acceptance or willingness to work with a drug addict.

The reason you quit .. was because your employer's crackhead brother was stealing scrap copper not because he got high on the job or endangered anyone .. or you would have done something about that a long time ago ... but it does have relevance to the final incident.

So, let's try to focus on what the employer did this time that seems to of finally, caused you to quit vs. any other time over the last seven years that you didn't quit.

Quitting must be attributable to the employment or the employer.

Can you prove anything? Do you have any corroborating witnesses to the theft or the drug use or the fact that you brought these things to the attention of the employer?

Is there a police report for the theft of scrap metal?

How do you know the brother stole the copper?

Did you ask your employer to look into the theft or terminate the brother?

Did you have the authority to terminate other crew members if they had done this, but just not the brother?

Witnesses????? Documents of any kind????? to prove what you say is true?

Do you know what the employer told the MA unemployment office that caused the STATE OF MA to deny your benefits?

Or was it just what you told them?

If you want to talk .. I am available most days .. except weekend ....


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Jun 08, 2011
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simply the real
by: Anonymous

Due to the fact that you did not quit your job to accept another job or for military reasons...you will lose your claim..if you are now working you will win..the whole matter of the un-desrving brother /drug addict is irrelevent...the USD is very unreasonable and will rather not give you a penny..so if you do fight...be as picky as they are..hope you win or won




What you talkin bout?

Working with a drug addict is not irrelevant .. on a job that has a lot of safety violations .. of course it would have been beneficial to make the reality of the situation real in the first place by using an OSHA complaint form.

Chris

Feb 09, 2011
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...
by: Anonymous

Thanks for the reply. This is a small company, 2 employees (on the books) he employed about 6 illegal aliens with fake ss#'s, and his brother hasnt paid taxes in 15 yrs, cash for him obviously. Ive fired employees in the past for smoking pot, no-shows, etc... I fired the brother probably 5 times over the years, but he always ended up getting his way in. There is no formal complaint box or HR dept with this place, so as far as documentation, I have none. I could have the other guy that worked with me called as a witness, I just hoped I wouldnt need to. No police report, just one I read in the paper a month after I quit, the brother was caught stealing copper from state property.. The final straw wasnt the copper I suppose, just the culmination of years of the same b.s. And that fact that it was frustrating dealing with someone so wreckless, and not being able to change it. Thanks Again, Drew






I'm concerned about good cause being found because you accepted these condition from the work for so long .. but what you have going for you is that you are seeking benefits in Massachusetts.

There might be an argument that despite repeated efforts to correct this situation and having fired this brother multiple times .. always to brought back again by your employer .. any further attempt to rectify the situation with the employer yet again would have been "futile" from repeated past experiences.

And this might help you also to find out why your claim was initially denied .. and maybe that will help you focus your argument at the hearing.

DUA Service Representatives Handbook

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