I'm stunned! Haven't had any money since Jan. 24, 2009. I was denied for refusing work back in January. I refused it because it was almost a 50% cut in pay and no benefits. It just didn't seem a valid offer. Wow, was that the wrong thing to do. Once denied I filed an appeal immediately. However the state misplaced my appeal for 30 days. So I called my state representative to see what could be done. There I was helped by his assistant, I'll call her Karen. She was flabbergasted and said she would look into it. I thought sure, that would be the last time I heard from her. However a couple of weeks later she was back in touch with me. The thing is she called me ever couple of weeks to ask how things were going and offer moral support as well as advice. When it looked like I was going to lose she gave me several lists of resources to get help and also a list of pro-bono attorneys.
Prior to the appeal date I went to the local law library plus the College library and studied unemployment compensation law for 2 days. I found nothing in my favor. Every case I read ended poorly. My only it hope it seemed was that I could use an odd part of the law that said an offer had to be in writing or posted on the Workforce development website. To do that I had to prove the job offered wasn't on the site and prove my employment contract was void or invalid. Another hitch to this was that the particular line of law referenced extended periods of compensation. Further I had been sent to this assignment about 3.5 years ago. So would that set precedent and say that my contract is therefor valid because of my actions. Another thought crossed my mind too. That is on the on-line form I said I hadn't "worked" the job before. Will they get me for lying. My reasoning there was that I hadn't actually done the work. I went there but was sent home with the minimum hours required by the contract. So I would have to make that case as well. My logic was "If I stayed at home and they paid me would that be work"?
Prior to the hearing I did several searches on the position using different algorithms (correct use) and didn't find the position posted. So I printed my searches out. I then reviewed my employment contract which showed the job offer was below my contract price. That may prove to help my cause. Still that pesky acceptance from 3.5 years ago. It was all I had though.
At the law library I didn't find one case that referred to that particular code of law. Nada, nothing, no precedent. When I left the library I told the librarian, I'm going to lose. I ambled back to my car, head down, deep in thought. So deep in thought I had to remind myself, hey bub, you're driving and there's traffic. Then it hit me. What if it's not a valid job offer from the start. Now in these hearings you don't have to prove beyond the shadow of a doubt, proof in civil cases can be much less. I forget the terminology. Also, if you use documents you have to send them to both parties even if the have the material they have to know it's going to be presented.
However, my new approach didn't necessarily need the documents. Still they would help some. So I faxed them to the judge and not to the defending party. It cost nearly $20 bucks to do so. I reasoned out 2 things. The defendants should have easy access to the information and I was always told Judges are human. So I figured that the judge would scan them at least. It would somewhat give me a silent voice since I really wasn't going to go with the documents and yet the documents support the facts.
The Hearing
When the hearing started, I was asked if I refused the job. I said yes. The company representative then answered a few questions. In detail she missed several important facts. She said the job was a professional position and stated that I made less in my previous assignment than I had by a substantial margin.
When it was my turn, I corrected the details saying the job was for a receptionist and then the correct amount of pay associated with the position. No rebuttal from her. I was then asked why I refused the job. Here's where my brainstorming session comes in. I said yes I did refuse the work. The reason is, my supervisor could not tell me where I would be working, when I would be working, or how many hours I would be working. To emphasize the point I restated, "She could not tell me the location I would be working. Further it was 50% of my regular wages with no benefits. Then I reemphasized the point (I really want to make sure it sunk in) I asked her 2 times for this information. She could not give it to me". Not letting go of that thought, I said, in the past I have always known where I would be working, when I would be working, and the hours I would be working. This company is usually very good about providing that information. (Goal here was to puts some doubts about it being a valid job). Then when she spoke again, she inadvertently supported me and to seal the deal, she back tracked on what she said earlier. In order, she said this job is different from the others (Proves point my point about job details). Then she really stuck her foot in her mouth, "Yes they start out secretarial but then they move to professional" (Remember she said they start out professional). In closing I had nothing else to add. She ended by saying something she told the judge she wrote down, 'My thoughts at the time is that the job was beneath him". I let it go. No sense in bickering and besides I made my point thanks to her.
More than anything I feel fortunate. I sure didn't expect a positive outcome.
