Topic: An appeal with a judge on unemployment and refusing work

[VANGUARD]

I thank everyone for their input on a job search, and what to do. I will continue to look at craigs list and/or indeed.com. In fact, I did find one that pays pretty well that is a direct hire, one I found on indeed.com

So thanks to you guys, maybe I found something. However, I ask once more for some advice. I have made an appeal to talk with a judge on why I should get unemployment money. I have prepared a note on what I plan to say. I have the following:

I have been working with Pro Staff, mainly the Chanhassen office for about four years. Throughout those years, we have had an original agreement. That agreement was that I was willing to work for no less than $11 an hour, first shift only & no more than 25 or so miles away, unless the pay was quite well, like $15, $16+ an hour. For the past four years, this agreement was never voided, at least while I was working with the Chanhassen office.
However recently, I have been offered jobs from both the Plymouth & Edina office about jobs that pay less than $11, some being on second shift, and some being 45+ minutes away.
I naturally turned them down, being this was never part of the agreement.
However, now I see myself being denied unemployment. How & why did this agreement get voided? Why was I never even mentioned about such a change? If a such change did occur & I was suppose to start accepting any jobs, at least I would have thought about it more before simply rejecting the job. And if I have no say in pay & location, then why even bother listing what I am looking for?

According to unemployment, I should be able to work anywhere in the metro. They don't care if it's horrible pay & so far away. They don't care, like with another temp agency, that I drove an F-250 Ford, a gas guzzler. I feel like if I go along with this appeal, it's simply s*it & giggles.
And according to Pro Staff, they need jobs filled. So between what unemployment & my temp agency said, I doubt ANYTHING I say will allow me the unemployment.

You have ideas? Thoughts? prayers? I'm sure I will be well taken care of. If I lose the appeal, I will bounce back up.

Oh, and there's three issues pending, basically all the same. If I lose one, I'm sure I'll lose 'em all.

[Foil]

In my experience with legal employment issues (my wife and I have had legal issues with employers before), the rule has always been: Documentation wins.

Do you have any discussion about those agreements in an email anywhere?  If you can show that the temp agency accepted (or even didn't reject) your conditions for the jobs, that could go a LONG way in demonstrating your case.

[VANGUARD]

I have no documents at all. I don't suppose Pro Staff would be willing to give me some now? In other words, I am sure that I lost already

[Foil]

Might be worth a shot to ask them for your employment records and notes.  Who knows, one of their people at the first office might have noted the constraints in their system.

If not, go with what you prepared.

[VANGUARD]

I bet temp agencies dont give you these documents to make it harder for us to win,

[Foil]

Honestly, most temp agency staff don't care either way. It's just a job to them, too.

Just drop by and ask one of the they can give you a printout of your records, and ask nicely if they can print out any notes they have about your preferences.  It's worth a shot.

[VANGUARD]

I agree. Hardly anyone cares. It's $$$ in their pocket. that's how it works. Thank you. I'll do and get what I can, and wait for the appeal on Monday, the 18th.

[Kaiaatzl]

You don't need to tell them what it's for .

Good luck.  I hope it works out for you.

[VANGUARD]

True, but how do you ask without them wondering why you want the original document? They are very well aware of unemployment denying me.

[Alieo]

First of all, if a JUDGE is going to see that note, better let me take a jab at... not so much grammar, but... the way you've worded things. Gotta sound official.

Your original note:

I have been working with Pro Staff, mainly the Chanhassen office for about four years. Throughout those years, we have had an original agreement. That agreement was that I was willing to work for no less than $11 an hour, first shift only & no more than 25 or so miles away, unless the pay was quite well, like $15, $16+ an hour. For the past four years, this agreement was never voided, at least while I was working with the Chanhassen office.
However recently, I have been offered jobs from both the Plymouth & Edina office about jobs that pay less than $11, some being on second shift, and some being 45+ minutes away.
I naturally turned them down, being this was never part of the agreement.
However, now I see myself being denied unemployment. How & why did this agreement get voided? Why was I never even mentioned about such a change? If a such change did occur & I was suppose to start accepting any jobs, at least I would have thought about it more before simply rejecting the job. And if I have no say in pay & location, then why even bother listing what I am looking for?

Your note edited:
Dear Judge {Justice's Last Name}:

I have been employed with Pro Staff for about four years with the majority of that time being spent at the Chanhassen office. During that time, Pro Staff was willing to employ me for no less than $11 per hour, first shift, and to be no more than 25 miles away {Replace these words in this bracket and specify WHAT is away. Away from home? Away from the Home office? Be more specific.} unless the pay compensated for a commute greater than 25 miles from {Again, replace these words in this bracket with the same word or specification as the previous bracket.} at a rate of $15-16 per hour. {Better have this in writing, and disclose it with the letter!} For the past four years, this agreement was never voided during my tenure at the Chanhassen office. However, I have recently been offered employment from both Pro Staff's Plymouth & Edina offices about jobs that pay less than $11, some being on second shift, and some being {45+ minutes... keep it uniform... do you want to identify the distances through travel time, or through miles like you did a few sentences ago? Keep it uniform so the judge doesn't think you're trying to swindle him. Replace the text inside this bracket with a measurement of distance, preferably one that states the distance in miles. Example: "greater than 25 miles"} away {specify away from what? Home? Be more specific.}. Naturally, I turned them down as this was never part of the original agreement {between whom? You and the courts, or you and your employer? Specify in this letter. Be specific.}.

I now see myself being denied unemployment. How and why did this agreement {again, specify who it was an agreement between; you and the employer, or you and the courts?} get voided? {If this was between you and your employer, the judge will not have an answer for you.} Why was I never informed about such a change? If such a change did occur, and I was supposed to start accepting any employment opportunity, I would have definitely accepted those offers rather than rejecting them. I respectfully ask the court to reconsider the ruling of "denial" regarding my unemployment.

Respectfully,

{Vangard... lol... yeah you'd kill it if you signed it that... haha!}




***************

Honestly, if you don't have anything in writing as far as agreements from your employer, the courts will not side with you. Courts are all about proving who's right or wrong with tangible evidence, such as documents where these agreements are written. If such documents do not exist, you have no way of proving your case otherwise.

Do you have a plan B? Would it be possible at all to retreat back to your folks? I know you're out and about, but maybe it would serve you best to start fresh. What other options are you considering if you cannot find employment?

[VANGUARD]

I probably should have added that this is over the phone. I think I am able to fax some information, but as far as talking with the judge, it's only by the phone. I like your additions in what you put Texace.

Problem is, I have no documents. Even documents from the other temp agency does not list my preference. It's possible to call them once it's a weekday again, but I'm not sure how well that would work.

I have gone an appeal before, but what I believe was discrimination. They fired me with no real reason. I lost the case.

Maybe I made mention that I will be out & about, or you're saying that, assuming I am. I'm not. I've been with my mother all along, except for a short time with my sister a while back. My mom has paid for my Oct bills & may very well have to pay for the Nov. bills.


There is something going on. I believe the LORD is ending things in my life & at some point, giving me something better. Temp agencies like Pro Staff only sends me to temp jobs. lol, that's a temp agency for you because that's part of their title. I want something permanent. I believe HE will bless me with something soon, whether it's something I find off indeed.com, or Craigslist, or door to door. I haven't really worried much, even though I have had no income (on my own) for the past 5-6 weeks. I'm going to Quizno's soon as well. I am not buying games, or movies, clothes (unless needed), I am not buying anything except for gas for the car, personal hygiene stuff, water, and the occasional restaurant like Quizno's or maybe another.
I felt this was going on, about Pro Staff coming to an end before all this even happened, before the denial of unemployment, before the turn of the new year. And here it is. The LORD is doing something, and I must do my best to have faith in HIM and want HIS will to be done.
If I have a chance of winning the appeal, something will happen. Their change of heart, I have the right documents, something. If I lose, then I shall have faith that HE has something else, something on a grand scale.

This is plan A, so to speak. There is something else going on as well. My mothers friend will have to help on a payment, or help my mom with her bills. And by helping with her bills, my mother can help on mine. One day, I'll be on here saying that I have a job again & how great everything turned out.

Thank you all for your advice. If I never even asked, I would be going through this with no documents, or anything of the sort. I'd be hung up (as opposed to kicked out of court) in "3 minutes" lol.

Thanks all

[Kaiaatzl]

True, but how do you ask without them wondering why you want the original document? They are very well aware of unemployment denying me.

Yeah, but I don't think they would deny you the documents unless you give them a specific reason to.  If you just go in and ask for them without a reason, they should give them to you without questions unless there's some sort of company policy about needing a reason to pick up your own documents.  They have to follow the company rules too.
And on the same note, I highly doubt they can legally deny you anything that has your signature at the bottom.  But I don't live in the extreme-capitalism environment of the US...
And if the company denies you the documents you need for your appeal, then ask the court!

To add on to what Texace said, I think you should change the last few sentences in your note from questions to statements in order to keep the tone of your letter neutral, and add an extra line at the bottom re-stating what you're asking the courts to do for you.  And once you've got the documents go through the note again to be absolutely certain everything matches.  Even down to the types of units you use.

[Scyphi]

Treat it like a research paper you'd write for school. COVER EVERYTHING, in detail, and leave nothing out, even if it seems irrelevant.

Beyond that, that's the best advice I can give you, I don't have much experience with law. 

[-<WillyP>-]

I don't think unemployment cares anything about the agreement with the temp agency, the only fact relevant to them is that you were offered a job, and turned it down. Distance and rate of pay might be relevant, but sounds like they already determined the job offer is within their guidelines of an acceptable offer for you. Remember, the unemployment office worker's job is to give out as little money as possible.

What you need to do is convince the judge that the job offer was unacceptable.

I could be wrong, though, so I would still mention that you weren't expecting this sort of offer, for the reason's you mentioned, but my opinion is that you need to be more strident in explaining why you turned this offer down.

I naturally turned them down, being this was never part of the agreement.
However, now I see myself being denied unemployment. How & why did this agreement get voided? Why was I never even mentioned about such a change? If a such change did occur & I was suppose to start accepting any jobs, at least I would have thought about it more before simply rejecting the job. And if I have no say in pay & location, then why even bother listing what I am looking for?

Put yourself in the judges position... Is this a valid reason for turning down a work offer? Did you really turn this offer down just because you felt it wasn't in keeping with an agreement you made with the temp agency?

Or was it because the job was too far, and didn't pay enough?

What are the relevant unemployment compensation laws?

[VANGUARD]

I know we're never guaranteed a good paying job, but to accept a low paying job that is 45+ minutes away never works. Sooner or later, you will quit, or kill yourself. My own mother came up with something, whether it gets me anywhere or not, is turn the table. Assuming I have no, or can't get any documents on an original agreement, that I should ask if they have any documents with my signature on it that states I'm accepting a low paying job that is far away.

If I am suppose to accept anything, then why would they update things in their computers? I say, "$11+, no less." they say, "We'll update our computers."
I said that a few times, then I get calls for $10 an hour, calls on second shift. why update them if I am suppose to accept anything that comes though?"

One thing is certain, whether I win or lose, I am not working for this temp agency anymore, and may not for any other temp agencies. If I do, I will be firm and tell them, "direct hire, good pay.", that I won't accept anything else. They can't deny unemployment then, because I haven't worked with them yet.

It's like insurance. They love you until there's a claim. They love $$$. I get it. That's all it is. It's $$$. If they did ANYTHING that meant losing money, they wouldn't do it. That's why Pro Staff and other temp agencies want me to take anything, so they can get money, and as long as I have no job, they would either lose money or deny my unemployment. I feel a strong urge to fight, whether I win or lose. It may do no good, but maybe I should also report the temp agency to the BBB. not that reporting them would give me my money back. of course not, but maybe less people would use the temp agency. Maybe enough complaints can turn the table.

update: I understand that I may lose, NO MATTER WHAT. Another thought I had was this, Pro Staff offered me a $15 an hour job, data entry. They later called and said I wasn't suitable for the job, but later on, they offered me a $10 an hour data entry in Edina, which is slightly farther away. I said I wasn't interested in that, and they are denying me unemployment because I didn't accept that one.