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

[-<WillyP>-]

Van I think your missing the point. Any agreement you made with the staffing company, is between you and the staffing company. You are going before a judge to appeal a decision made by the unemployment office, not the staffing company.

Right?

Or am I missing something here?

[VANGUARD]

I think you got it. I believe someone from the temp agency will be on the line as well. Remember, this is over the phone. I won't be in a court. I do believe, like last time, the judge will also call someone from the temp agency before beginning.

I need to find some way to say I am eligible for the money. Unemployment says as long as it's in the metro, and I am (way on the far west edge of it though), I am suppose to accept the jobs. The temp agency says they need to fill in positions.
I had spoken to the temp agency about making no less than $11, so on and so forth. they say they are updating the info. Now if I am to accept any job, what's the purpose of updating any information? why don't they just come out and say "sorry, we need you to accept any position."
according to what is going on, I have declined positions for being under $11, being 45+ minutes away, and the wrong shift. As a result, this has declined my unemployment. here's the odd part. One office, the one I use 99-100% of the time, has not bothered me with these sort of low paying jobs. Two other offices has started to call, and as a result, I am being denied unemployment.

I am hoping to convince the judge that I am only refusing work that the temp agency brings me that is below the agreement.

[Foil]

You are going before a judge to appeal a decision made by the unemployment office, not the staffing company.

Right?

Yes, but the decision by the unemployment office was made based on a statement from the staffing company.  If he can argue (or better yet, demonstrate with documentation) that their statement does not account for the employment agreement, he has a case.

Keep us posted, Van.  I'm personally curious to see how this turns out.

[Kaiaatzl]

I've looked into it more deeply and found out that I was right with what I said before (well I'm still not 100% sure but I'm 99% sure now).  So go get those documents, whatever it takes .

[VANGUARD]

I have read through the documents very closely, everything that has issues, why I'm not eligible, etc.

There is nothing I can do to win this case. What they have me down as ineligible goes against what I can say. They believe I can go to a job 45+ minutes away for $10 an hour. They say that since it's a job Pro Staff needs to fill, I need to fill it, or be denied unemployment. The ONLY thing I can think of, the ONLY thing, is that they offered me a $13+ an hour job, and a $15 an hour job, and later told me, it wasn't a suitable job for me, HOWEVER, another job like it, farther perhaps, and less pay, was suitable for me.

This is a matter of preference. I prefer $13+ but they still have every right to throw out a $10 an hour job.

One office has been good, the other two that came by recently are the ones that got this whole unemployment thing to be denied. I have been watching "Quincy" episodes where he may have evidence or what not, but still have people say he won't make it in court & win.
My own mother was in a lawsuit. The hospital(s) that treated my dad was poor. They had things in wrong, bed sores, etc, that was X-rayed, true facts that did not make the doctors look good at all. My mom lost the case. All the facts and evidence, the proof, standing for what is right, and no money.

I do not believe there's a reason to go on with this case. The more you guys talk about what is needed, and the more from what I hear from my own mother, and what I have gathered on my own, all I see is that judge has some meat at the end of the fishing pole, and they're waving in in front of me.
If Pro Staff offered a job, and I took it, and something went completely haywire and it was Pro Staff's fault, maybe. or it's $12 an hour, but my checks are smaller than they should be, or said rude things to the employer. But Pro Staff is doing their job. And I think I am onto my own now. I have a staffing agency that deals mostly on permanent work. And if they screw with me, I will cut them off too.

[Kaiaatzl]

There is one more thing that you might consider, if it's true for you, which it may or may not be.
It has to do with a possible reason for why you might have made that agreement in the first place.

If you accepted a job that was $10 an hour, with a 45 minute commute to and back each day, would you be making enough money to cover all of your needs?  Including buying enough gas to drive for at least an hour and a half every day... I hear gas can be expensive .  if the answer is no, even disregarding any savings you already have, you probably have a case.
But then, you've probably thought of this already...

If it will cover your needs, you might as well accept the job at least for a little while, while you search for something new.  It would be easier than fighting to get your unemployment back.

[VANGUARD]

I may be able to do it, with very little to spare. As much as I don't like being on unemployment, it does pay to be on it more so than some $10 an hour job that is 45+ minutes away. The judge, most likely will think I can do it.

Between friends, family, we can see the faults and reason with it. We can say what is suitable and what isn't. What unemployment sees is that i will be at some job, and not collect unemployment. We're certainly not talking family. My mom & I'm sure my sister, and any one else would agree that going too far for too pay is STUPID and POINTLESS. But unemployment doesn't look at this personally. They don't take that into consideration. They don't see the heartache and the stress. They see, "move this person to this location for X money. person refuses to work at location, so deny his unemployment money."

[Scyphi]

To be fair, they probably don't have the time and energy to, Vanguard. I'm sure they have lots of other people claiming for unemployment that they have to deal with too.

Still, I sympathize with ya Vanguard, and wish I could suggest something to help you out. 

[Kaiaatzl]

I don't know about in the US, but in Canada if the job you're taking would pay less than social assistance you have a right to be on social assistance as well as earning money from the job.  But social assistance pay is calculated based on the bare minimum for your basic needs up here.  From what you say, in the States, unemployment pay seems a little bit more generous.
And there are some more complexities, too.

Sometimes the only option is to swallow your pride and do it, though.  At least, working through a temp agency, you know it's going to be temporary.

[Foil]

Van,

I understand when you say the case may go against you.  And it might, but let me repeat this:

It's worth a shot.  Don't give up, take the shot.

Don't give up the case because it seems hopeless.  When my wife had an issue with an employer due letting her go due to a health issue about ten years ago, we had to go to an arbitrator.  I didn't think we had a solid case... but when the arbitrator heard the facts, he sided with us.  It's worth a try; go for it.

[-<WillyP>-]

Kais, sounds similar here. But first he has to get approved for the unemployment compensation. Here it's based on a percentage of your average pay. Then you can take a lower paying job, or part time, and that is deducted from your benefit check, but since your benefit is a total amount, you will get checks for a longer period of time.

And Foil is right, doesn't hurt to try.

[VANGUARD]

There are very hard things to say on here, because it may break one of the rules on here. I'm also concerned about flame wars. I'll do my best not to cross any lines. I've been thinking about this and have come to a conclusion that I feel more at peace by canceling the appeal. At first, I was geared up and ready. I gathered information by what you said, and felt more armor put on me. But afterwards, I felt bothered and disturbed. Let's not mix that with worry and doubtful. Something major is happening in my life, and I believe that there is a reason for such things. I lost my job & unemployment. I have lost all money and fully dependent on my mother to pay bills. This isn't what I want, but it's not my choice. If I can dare say it, the LORD is doing something here. I know HE is. There is a major reset button that has been pushed. Pro Staff is gone, and if possible, I will never have to see unemployment again. I am on the verge of starting a new life, with a better paying job, a permanent position. I know it's hard to understand. I want that money. It would be great to see the unemployment money fall into my laps. It costs nothing to make an appeal, but I guess you could say, gut-wise, I don't feel right at all doing this.
I thank everyone that gave me advice. If this happens again, and I feel the necessity to take action, i shall remember what you all said, and I will make you all proud. The most damage I can do, is not work through Pro Staff.
Thank you again

[Scyphi]

Personally, I understand what you're saying Vanguard, and by all means, if you don't feel comfortable doing it like that, then by all means, no one's making you do it. Do what you feel is best. 

[Alieo]

You're in a corner. It's time to analyze your situation. First of all, don't feel bad. You're not alone in your situation. We're about the same age, and I, too, live with my folks. It's alright (I guess) but I'm thinking outside the box and trying to start a business. I'm not saying everyone in our situation should start a business, but everyone in our situation needs to get creative.

Make a list of positive attributes and negative attributes about yourself and write them down. Also, do a search for typical job interview questions. How would you answer those questions? Next, turn every negative into a re-phrased positive. When you're applying for jobs, you're selling yourself as a product for that prospective company to use. Let's say one of your weaknesses is that you're disorganized, chronically late, and lazy. Instead, turn those into positive attributes by rephrasing it as you're good at multi-tasking, attentive to details, and careful. Tweak it to make it favor you. Finally, when submitting resumes online, include in the word document "key words" that is relevant to the job in a space at the bottom of one of the pages in the smallest font and in white so it can't be seen by human eyes unless highlighted, yet, the computer at the prospective employer will pick up these key words. It's a technology-driven world nowadays; you've gotta find ways to fool the system.

And that's another thing: The system. Question it. Question EVERYTHING. From our ways of life, to the economy, to what life's expectations of us are. Get in a mental helicopter and look down at humanity; everyone is in a rat race. Everyone has a prerogative (albeit, some go about it more zombie-like than others) and everyone cares about different things at different stages in life. Focus more on what YOU care about rather than what SOCIETY expects you to care about. Look at the big picture. Notice the tiny gears that make everything in this giant mechanized device function. Find where you fit as a gear, or leave the mechanized device and find a way to make it successfully on your own independent of "the system" and "the grind" and "the greater mechanized device" that entraps almost all of us.

I've realized in life that our system of being is designed to keep us at the same income levels unless we strike gold or have some crazy idea to make it work outside of the rigged system. Any Vegas gambler will tell you that the only way to truly win is to not bet against the house. Don't play. Make your own rules. Be innovative and inventive. BRAINSTORM. You can do it.

I sleep now!

[VANGUARD]

I believe in the LORD that HE can bless me with a higher paying job. I am also thankful that today, to my surprise, I got the first two weeks of unemployment. The next 8 weeks are being declined, but I was a bit surprised to see two weeks in.
I have some money again. I can pay a bill or two, get some stuff I need. I am happy