The Mudcat Café TM
Thread #110779   Message #2327827
Posted By: Bat Goddess
28-Apr-08 - 02:14 PM
Thread Name: BS: Wish Me Luck -- Appeal Hearing
Subject: RE: BS: Wish Me Luck -- Appeal Hearing
Well, the hearing is over. It is to be judged by a very difficult to read, legalistic bureaucrat.

The state's position is that I voluntarily left my employment without a reason attributable to my employer -- and only reasons directly attributable to my employer were to be considered.

My argument was that my terms of employment, despite my numerous requests, were never discussed with me by the new owner. (I worked for the original owner for 2 years, then I was sold along with the magazine in Feb. 2007.) I'm not sure whether it was even legal for me to have been paid on salary. It wasn't an executive position; I had no employees under me. The tribunal chairman made a point that it is not illegal for an employer to not give vacations or paid holidays. (I got them, sort of - I just had to do all the work on unpaid time because the deadlines only changed to get shorter.) I added in the unsafe working conditions -- only one narrow staircase as an exit (the other "exit" was a door on the other side of a work station into a private apartment on the other sideof the building) and wires were strung all over to cope with a totally inadequate electrical system. This all was actually the landlord's problem -- my employer was planning on leaving when the lease was up. The job was affecting my health, too. Burnout and desperation is like that. My employer's representatives also said that if I hadn't quit, I would have been welcomed back after the 3 months it took to be able to work and drive again.

And yes, one of the owners and the office manager were there to contest everything -- not only did I have the audacity to leave after being abused, burnt out and sucked dry, but they don't want to be charged and have their unemployment insurance rate go up.

I won't know the decision for about two weeks.

Ah well. The worse that happens is things stay as they are now -- I can't collect until I've worked 5 weeks (doesn't have to be consecutively) for $25 more than what my unemployment benefit would be. And who knows, though -- the tribunal chairman might find in my favor.

When I gave my notice I knew I'd be denied benefits but I was truly desperate. I was planning on grabbing anything -- probably passport processing, until a more appropriate job came along. The broken arm definitely threw a spanner in the works. I even spent about a month after the surgery beating myself up for having not foreseen that I'd break my arm and make my escape that way. (Then I would have had an income and wouldn't have had to pay for my insurance.)

Sooo...I drove home via the beach. It's raining and the surf was up. Cool but pretty drive along a rocky coast. Stopped at Jenness Beach and listened to the waves and tried not to think. Then drove down to North Hampton, turned around and drove back to Rye along the beach route, then went up to Rte. 1 and got a chocolate malt at Lago's Lone Oak -- that's my drug of choice and I've been deprived since last October.

And then I'm going to watch "Funny Lady" -- I'm wiped emotionally from the hearing and physically from physical therapy this morning. And THEN I'll apply for a couple more jobs and send resumes to a few more people who need to know that I'm looking. The right job will show up at the right time (but I hope it will be soon).

Thanks for all your good thoughts!

Linn