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Fighting for my Unemployment

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Xanque

Junior Member
What is the name of your state? Pennsylvania

I am currently having a problem with the Labor and Industry board in Pittsburgh. I started an Internet Message Board with the consent and cooperation of my employer whose paranoia got the best of him and he fired me over something that was said on the MB about a person who bore a likeness to my boss. I feel that I've proved that my boss was lying (in my appeal )when he said that he never approved of the MB. He never denied helping me advertise for it in his kitchen , nor did he deny that he let it go for 11 days . I asked the referee " If he was set against it from the start , then why did he let it go on for 11 days before he fired me ?"

(The MB was initially designed so people can snitch on their co-workers for any wrong doings that they see their co-workers participating in . i.e. stealing.)(My boss has a habit of telling the wrongdoer who snitched on him/her. The boss liked the idea of ME starting the board cause people could post without fear of the Boss getting their ip addresses and figuring out who said what.)

My boss even said at the referee's office , to the referee " Just for the record I'm not the one who was fighting his unemloyment, the state is."

Doesn't that pretty much say that he was wrong ? Doesn't it say that I should be entitled to my UE benefits ?

Even after he had said that, he changed his tune when I told the referee that the reason he fired me was because somebody made a referece to is Illegal Poker Machines he operates out of his restaurant. After I had said that, my boss then went on to tell the referee that I wasn't even fired, and I moreless "walked out".

I think I made a heck of a case against him , I even had my girlfriend tell the referee what was said when my boss called me the day after he fired me. He didn't get to talk to me that day, he talked to my g/f . He told my g/f , " If I lose those poker machines , you don't know my poker machine guy, he could kill somebody."

Whether he was talking about his poker machine guy killing me or him , I have no idea. But when he offered me my job back ( on the condition I take down the Message Board) I didn't accept because I felt that if his Machine guy DID kill me , I wouldn't have any evidence to help the investigation .


What it all boils down to is this : The boss said he wasn't goint to fight my unemployment at first, then he changes his tune right in front of the referee. I lost my appeal because the referee believed him even though I feel I had more evidence against him , and he really did seem to blatantly lie to her.

New questions have come up since then , that I would like to ask the referee. 1. If I quote "walked out" then why did my boss choose not to fight it from the beginning? 2. If my boss was dead set against the Message Board from the beginning, then why did he let it go for 11 days before he fired me ?


I think I did a very good job of showing the referee that I did not WILLFULLY misconduct myself at work, the boss' motive for firing me stemmed from his inabilities to cope with anger,criticism, and taking responsibilities for HIS OWN decisions. Also he blatantly changed his colors more times than a chameleon.

If he could change his colors in the referee's office, then what makes the referee think he couldn't change his colors at his restaurant?

I'd like to get an attorney to help me win my 2nd appeal, but I can't afford one. My question to everybody is this : Does it seem like I'm fighting an "unwinable" war ?

It seems to me that if I won my case then that kind of makes my old boss and the unemployment office in cahoots because my unemployment checks would funded by those two entities. If the referee was biased, how do I get her in trouble ?

Thank you for any feedback you may provide and please excuse any spelling errors or grammar.
 


Beth3

Senior Member
Hiring an attorney is seldom advisable in UC situations when you weigh the legal expense vs. UC benefits. Plus, the UC hearing system is set up so that it's not necessary.

Your situation is a very confusing one and I don't know that anyone here can even guess as to whether you will prevail. You have nothing to lose by filing an appeal though. The things at issue are whether you quit or were fired and if the latter, whether you were fired for a reason that constitues "willful misconduct" in your State's UC reg's.

That's not very helpful but I really couldn't even sort out all the relevant facts from the irrelevant ones. Since the poker machines have nothing to do with the reasons for your termination, whether they're legal or illegal is completely irrelevant, for example.

If you volunteered to set up a "snitch board" (a TERRIBLE idea by the way), then you took responsibility for its content, which means it's possible that failure to delete comments that maligned company management could be deemed willful misconduct.
 

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