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Edited on Mon Dec-06-10 06:39 PM by Ian David
One that I worked for decided to start offering me jobs they knew I wouldn't take, just so that they could say I'd "refused suitable employment."
When I *did* accept a job, suddenly it would fall through, or they'd say it had gone to someone else. (And I kept records of these, some of which were not in the records I subpoenaed from them).
I went to a law library and researched things like "suitable employment" and "accustomed wages."
I got one of those big, paper desk blotter calendars and used it create a "time line" for my case.
Each job I had refused (or accepted) was printed on a separate index card.
Each index card had the date the job was offered, date I accepted or refused, the salary, the reason I may have refused, and a citation of the unemployment law statute and precedent.
Even the arbitrator (I forget his official title) was like, "What the hell is all THAT?"
I made good use of the subpoena power granted to me by the unemployment claim process. I was able to subpoena proof of jobs they had offered me and then withdrawn. I was able to show what their margin was on the jobs they offered-- how much they charged the company vs how much they paid me. I was able to demonstrate that they did, in fact, have room to offer me my accustomed wages on some of the jobs where they'd offered me much less.
I had internet postings showing where I had previously ranted on UseNet about how awful the product was for one company, which I had posted about a year before the agency offered to send me on an assignment there. Also, email exchanges I'd had a year prior with executives at that company.
I had a map, showing how far away from home some of the places were they'd offered to place me.
I was, in a word, the most (over?) prepared claimant they'd ever seen.
But I was also the first person to ever win an unemployment case against that temp agency. I was able to not only make my case, but to prove that they were lying about some things.
And at the end, knowing that they were out of bullets, the dude decided to "throw the gun at me."
The rules say that you're only allowed to contest an unemployment claim on a single grounds-- you can't claim "rejected suitable employment" AND something like "terminated for cause." The temp agency had decided to use "rejected suitable employment," and they weren't allowed to argue anything else.
So, at the last minute, the dude made some half-assed argument about me screwing-up at my last assignment. I pointed out the rule he'd just broken (and offered the index card on which it was printed to the arbitrator) who said something like, "I don't need that. I've done this long enough. I think we're done here."
And the lawyer-type guy they had was visibly PISSED when he stormed out of the hearing room, because he knew that he'd lost.
The rules of the hearing say that both parties are required to leave the room at the same time, so that neither one is left behind alone with the arbitrator. But the temp agency guys stormed out, leaving me as I called to them, "Guys, come back! You're not allowed to leave the room until I do!"
It was AWESOME.
Bottom line:
1) Document everything-- keep records of everything, even if you don't expect to be fired or challenged (I still have files from jobs I've parted with, going back decades, whether I left on good terms or not) 2) Subpoena everything 3) Have a coherent narrative 4) Know the rules (I think they're required to give you two little blue books of the rules for free or something, but I don't remember for sure) 5) Research 6) Be organized 7) Be professional (in manner, presentation, and in how you dress) 8) Don't be bullied 9) Don't lie 10) Call them on it when THEY lie
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