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I am receieving UI benefits in Kentucky, if I file gender discrimination can my former employer appeal my benefits for filing with tbe EEOC?

by Joe
(Kentucky Unemployment Benefits)

I am receiving UI benefits in Kentucky, if I file gender discrimination can my former employer appeal my benefits for filing with the EEOC, and possibly have my benefits taken away?

When I was let go they told me the company is moving in a new direction and felt it was best to part ways, but I know it's because the new female GM doesn't like men. I even saw an email where she was requesting all my write ups from our HR Dept. He even states that I had no performance issues, and my write up I had should be thrown away.
If I file can they deny my benefits?



Response To: I am receieving UI benefits in Kentucky, if I file gender discrimination can my former employer appeal my benefits for filing with the EEOC?


Hi Joe,

You .. filing an EEOC complaint is not relevant with regard to denying unemployment benefits.

It's a protected right to file an EEOC complaint and it's a bad move for any employer to retaliate just because an employee does this .. as it's usually proving some retaliation toward a current employee that's easier to prove than the discrimination.

The premise of why it's not a good idea to retaliate is because it may discourage the rest of the employees from
using their rights as employees.

Retaliation is basically, nothing more than instances of behavior seen as intimidation through an abuse of power.

Sometimes, when a person files an EEOC complaint before their job ends .. the complaint may serve to show why an employer may have discharged or forces someone to quit .. and that wouldn't bode well for them winning an unemployment appeal hearing if the information is used properly.

It's why I always tell everyone .. get a rep so you the information is presented in a focused and useful way.

Employers don't appeal unemployment benefits because someone filed an EEOC complaint .. In fact, it might even make them think twice about appealing, if they believe they have something to worry about coming out at the unemployment hearing which could in turn be detrimental for the EEOC issue.

Employers appeal unemployment benefits because their experience rating (UI tax rate) goes up when unemployment claims result in benefits being paid and because some employees simply don't deserve to get benefits.

However, I would like to point out something to you.

Winning unemployment has to do with focusing on the issue and the burden of proof and and that's dependent of facts.

Not what you saw in an email .. unless you have a copy of the email.



Chris

Comments for I am receieving UI benefits in Kentucky, if I file gender discrimination can my former employer appeal my benefits for filing with tbe EEOC?

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Jul 27, 2012
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need advice..now!
by: Anonymous

Hi, hubby was denied ui but [email protected] the hearing..company was no show. Now they have filed an appeal we just received the back pay and payed all our bills up. Will they reverse hubbys descision? This was our only income!





Do you happen to know on what basis the employer has appealed?

Given that you tell me they failed to show for the hearing .. I suspect that's the basis .. there non appearance .. for whatever reason .. this is the type of board appeal that isn't really about reversal .. but a reopening and if that happens .. the new hearing notice will like include the issue of whether there was good cause for the employer's non appearance.

It's a whole lot easier to win a hearing when your opposition doesn't show up.

Mar 27, 2012
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Found this out
by: Joe

I was down at the unemployment office, and I asked them about it, and she told me that since the UI benefit has already been ruled in my favor by them that my former employer has no say in it, also since it is outside of the waiting period that even if they appealed it, they would be denied.
So I've already filed gender discrimination with the EEOC.

Thank you for your time.

Joe


Would of been nice to of known your employer had already failed to meet the deadline for appeal.

That is relevant informatioon.

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