Employer no showed at appeal hearing, I won, he reopened, I lost
I quit and had to prove good cause. I was office manager for dental office 10 years. End of 2008, employer began acting out of character, showing up to work hours late, leaving patients waiting..passing out asleep at work, refusing to start dental cases, up and down personality, hair and clothing a mess!! I had "meeting" with him and he admitted drug problem and would try to do better. However, behavior continued, and he also began to violate EPA regulations to save money by dumping hazardous waste instead of proper disposal. I confronted him once again and he explained he had no drug problem, it's Depression, insomnia, and financial problems now. One week later, I witnessed him in the office "after hours" with a known drug dealer doing dental treatment on him, (barter for drugs??). I called him the next day, said I couldn't take this anymore and quit.
Filed for unemployment, lost, filed appeal and won because he no showed. He filed motion to reopen stating he misread the original hearing notice, and ALJ allowed it and we went through another hearing. I received determination, and lost. Now I have to pay $4100 back to UC. I had witnesses to testify his drug use outside of work and witnesses to testify of the duress the Dr. was putting me under in dealing with unhappy, waiting patients and with trying to locate him when he was hours late. He had no witnesses or documentation whatsoever. He said he had depression and insomnia and
the ALJ called that direct evidence!! Also the ALJ stated that in the initial hearing, I did not witness drug use, but in the second hearing I said I did.. I never said I "witnesssed" drug use!!!! I also submitted evidence of my bounced payroll checks and my 401k account in which the Dr. still has yet to pay my Safe harbor contribution from 2008! I am appealing to UAC, especially for ALJ accusation of me changing my testimony!!
I'm not sure what state you are in .. but if I were you .. I would not only get a lawyer to help with the appeal, but I would call the attorney general's office and or whatever reporting agency you must contact to file a complaint against the ALJ.
Pretty soon, they'll be telling us there is no good cause to quit if the employer chooses to discipline us with threats of bodily injury .. as long as they didn't injure us.
You should have received benefits because continuing to work for the guy posed a threat to your safety if he was bartering for drugs with a "known" drug dealer.
I would have also objected to the fact that the reopen was allowed for "misreading" the hearing notice. He's a dentist for goodness sake. He received the hearing notice .. if he misread it .. too bad, so sad!!!!
By the way, you are the first person to address a common practice of employer's who miss the first hearing .. THEY REOPEN.