I lost my appeal to LIRC

[undeterred]

My employer fired me without cause in March and then contested my unemployment compensation and won in May. I had already collected $3300 and the money stopped immediately, even though it was 2 more months until I found a full time job. I never did get food stamps. I appealed to LIRC (the Labor and Industry Review Commission) because there were so many things about the hearing that I thought were unfair. I spent weeks writing my own brief, under the supervision of an employment attorney.

Got my letter tonight when I came home. Less than two weeks after they received everything, they affirmed everything the first judge said. It feels like they didn't even read anything I wrote. The top of the letter said "See enclosure as to the limit and procedures of further appeal" and then there is no enclosure. I have to pay back the $3300 I collected before the hearing. I am still behind on rent and car payments from two months with absolutely no income this summer. Now I have to pay back the rest. Isn't unemployment compensation supposed to be a safety net?

No, because corporations are people, and ex-employees are not. I must have sent my appeal to a bunch of illiterate Republicans who felt sorry for the corporation that has to pay into unemployment compensation. I did not quit my job or commit misconduct at my job or do anything to deserve this. But its part of screwing the middle class. I feel sick inside. I fought and I lost. The company fought and humiliated me and they won. Now they'll keep doing it to more people, because it works, and the State will back them up.

[GCP]

1. I'm so sorry

Is there any chance of getting another employment attorney and a copy of the enclosure they 'forgot' to enclose?
:hug:

[undeterred]

4. The letter came from the commission

I called them right away and asked for the enclosure. And I emailed my supervising emp atty to ask if its worth appealing. Attys cost money. My ex-employer is vicious and has deep pockets. Maybe I should just quit while I've only lost 5 months income.

If I'd had a real emp atty at the hearing instead of a law student, I wouldn't have lost. Not a place to scrimp.

[Lydia Leftcoast]

2. That is really, really disgusting, and it shows who counts in today's America

:hug:

This is why we need at least a 90° turn in this country, not pale, imitation Democrats who will just put lipstick on this rotten system.

[undeterred]

5. I don't know who appoints LIRC

We have a Dem governor, so I was hoping it was him, and things would go my way. I guess I miscalculated.

[H2O Man]

3. I'm sorry to hear that.

The system is unfair. Corporations crush human beings. I'm glad that you have been fighting them, and as harsh as the news is today, I hope that you continue to appeal the case. It's tough to do.

Your friend,
Pat

[undeterred]

6. Thanks.

I don't know if I will personally fight it. But living in Madison WI I have good state/local reps and I am going to tell them about it. I really think that taking away someone's unemployment benefits should not be allowed ever. Basically you are pushing people into homelessness.

[Mountainman]

8. In CA you get benefits no matter what I think but you have to wait longer to get them

if they find you were at fault some how. I may be wrong. You may have to pay back the money but then get it again later. That is no consolation I know. I don't know what kind of work you do but when I was in your position I found temp work through temp agencies. Just a thought.

If I were a rich man I could help people like you, I wish I was.

[undeterred]

17. I have a job now.

The whole setup favors the employer. Supposedly you can bring witnesses, but who of your former co-workers will testify against their current employer? Its absurd to think that someone would risk their own job so that you could get unemployment compensation. I got through it, but I am behind on all my bills and my current job is not enough to help me catch up. And it isn't the kind of job which leaves me much time to take on another job or look for another one.

I just don't see how they can expect the average person to know case law. I am a computer person. They turned off my computer access, they changed my phone password, my supervisor refused to return my phone calls. I called the parent company to see if I still had a job because it sure seemed like I didn't when they made it impossible to do my job from home as I always did. Then they said I "quit". Only the State can determine if you quit, you can't determine if you did. The State is full of shit.

[riderinthestorm]

20. I guess I'm not understanding, did you just assume you were fired?

Or did they tell you, "you're fired". There's a big difference there, especially with corporations. Getting fired is it's own protocol - if you just assumed you were fired from the corporations' actions, and just didn't show up at the head office again, they would take your non-appearance as "you quit".

Did you go speak to your supervisor when they changed your password, or just try to phone the supervisor? I'm sorry, I'm probably not in on the whole story... this has probably been explained elsewhere.

[undeterred]

22. I was expecting it for weeks

and it wouldn't be unlike them to just turn everything off and leave me hanging, which is what they did. According to case law I should have called in, instead of assuming I was fired. But instead of calling in I called the parent company and asked them to look into it because I had been talking to HR people for a week, and they had been lying to me about everything. I lived 50+ miles away and I was pretty sure somebody new was already at my desk- my phone password had even been changed. So they were screwing with me. But they actually initially said they fired me and so did I. It wasn't until an administrative judge came up with the "quit" thesis 2 months later that that was suddenly an issue. I was fired in March, no one ever said "quit" until late in May, including my employer. It was weird.

[H2O Man]

10. Right.

I think that you will find the right way to move forward. It may or may not include fighting it at the next level. You may work towards something in another direction, and maybe something unexpected will open up for you.

A few years back, I had to deal with being out of work, due to injuries sustained on the job. I found my employer to be cold, and absolutely uncaring. I remember thinking that I could lose my home. It was a strange time.

I'm hoping for the best for you.

[undeterred]

18. The same company makes people go to work

the day after an injury like cutting of part of your finger. Even if you are hopped up on Percocet. The supervisor will come and get you and prop you up in a chair in front of a computer for an hour or two, so they can say that they have "zero OSHA recordables" at the end of the year. Even if you've had surgery or something.

[fasttense]

7. Didn't you know the LIRC changed their name?

They are no longer the Labor and Industry Review Commission. They are now called the Corporation Protection Commission. If you ain't a corporation, you ain't getting any review.

[undeterred]

11. If I'd known that I wouldn't have spent the time

and money having a lawyer supervise my writing an appeal...

[partylessinOhio]

9. I'm very sorry for your situation. My former employer, county institution,

cheated me out of $56,000 disability benefits although I was certified disabled by social security (which I cannot collect) and the Public Employees Retirement System. Being denied benefits when you have a legitimate claim is very hard to take, is financially devastating, and is emotionally defeating. With the mentality prevalent today, we have lost most protections in the workplace. I hope you can find better employment soon.

[Hydra]

12. Welcome to the bottom

I'm sorry to see you here as well. We get along better down here, but the meal plan sucks. :crazy:

I always wish my compatriots good luck and good hunting, and so I do for you now.

[undeterred]

13. I have a job, but I don't have justice

and I don't believe that there is justice or fairness in the corporate world at all.

[Hydra]

15. Justice is a misnomer

Laws are based on opinions, which are enforced with threat of violence.

This is why letting Corps get powerful is a bad idea. Law is simply power when boiled down, and so in your case, they used their muscle to overcome your truth.

What a world.

[Elidor]

14. I'm so sorry

It's always been my experience that these things are set up to favor the employer. They just pay lip service to the laws regarding unemployment and appeals. Be good to yourself this weekend. Well, always actually, but especially now. I wish I could help.

[undeterred]

16. I worked so hard on this and I thought I had really good arguments

and its like they didn't even read it. I've googled the commission. I think they are corporate Dems. Now I really want to puke.

[AZBlue]

19. Yeah, but who knows who read your letter?

It just took one person to say "no" and the process stopped.

I'm so sorry!

[dailykoff]

21. Yup, that's the way it is nowadays.

All the appeals boards are there to do is rubber stamp the official decision: drum out the guys they don't like, protect the guys they do, screw everybody else.

[superkia]

23. My last job instructed us to make up false right ups if someone applied.

Luckily we never had anyone apply for unemployment because I would have refused and probably lost my job. I quit because of the same political big brother system they had in place, take care of a certain few at all costs and abuse the rest for profit!

[mitchtv]

24. $5. per month

no more