• 14
    Aug
    2010
  • How can I prove an employer lied to deny me unemployment benefits?
    posted by Kris Nickerson

I desperately need help! Unemployment is saying I owe over $11,000 in overpayment. They determined that this is NON FRAUD.

Im gonna try to make a long story short: I had gotten laid off in Dec of 07 after 10 years at a company and started collecting unemployment. I spent every day scouring the streets for jobs and eventually found one in Feb. of 08. The day I was supposed to start work at the new job, I suffered a miscarriage. I was only a few weeks, so I had no clue I was even pregnant. I went into work that day, but was sent home. It was embarassing, but I told the employer what happened and he insisted that I take 2 weeks off. I told him that I would be fine to work, but he said it was best if I took the time off. I did as I was told. I came back to work on the date he told me to come in on and everything was going ok. The new office (dental office) was in a stressful situation. The 2 dentists who had been partners for over 20 years were splitting up the practice. They were constantly at eachothers throats and the dentist who hired me was NOT the "bread winner of the practice" so to say. Their fued was so bad that they were even putting colored labels on their pens/staplers/and highlighters! I even got yelled at once by the other dentist because I used ONE of his paperclips on our folder. Anyway, after working for just 3 weeks, the doctor I worked for went on a caribbean cruise. Our part of the office was techinically closed but the other doctors staff was still there seeing their patients, but he wanted me to go in for a few hours here and there to make sure the other doctor wasn’t using his pens or stamps! God forbid!

Unfortunately, my 2 year old daughter came down with the flu the Sunday before I was scheduled to work. Day care would not take her, of course, so I made arragements for my mother to watch her. Unfortunately, my mom could not be at my house until noon. Monday morning I tried call the doctor and explain that I would be in a little late due to my daughter being sick. I left voicemails saying that I could go in at noon or work on my scheduled days off to make up for going in 3 hours late. Mind you, the office was closed. After calling the doctor several times, he finally called back. I was helping my daughter in the bathroom so my mother answered the phone. The doctor told my mother that he didn’t need to deal with this kind of "sh**" on his vacation. That I had already missed time with my miscarriage and that he was just going to find someone else. He then hung up. As soon as my mother told me this, I tried to call him several times but I NEVER spoke to him again. I was desperate for a job so after unsuccessfully trying to call him for hours, I hopped on the computer and noticed he had placed a help wanted ad BEFORE he had ever even called me back. I called unemployment and explained this whole situation. They said everything was fine and I continued to collect benefits for 4 months. At this point, my benefit year was up and I needed to recertify. When I recertified, they did an investigation as to my reason for leaving that employer. He immediately thought I was trying to collect benefits off him and he called me. He said that his mom worked at UIA and that I had better drop it. I tried to explain that I wasn’t estabishing a new claim on him, that I was just picking up my old claim … but he just hung up. I had not even established enough benefits at his job to qualify if I DID want to put a claim on him! However, because he thought I was trying to get money from him, he stated that I QUIT. Actually, his official statement was that my MOTHER quit for me due to my daughter and myself being sick! I had to turn in a medical form to UIA stating that I was healthy and able to work. I did as I was required and another representive said my claim was now correct. I continued collecting benefits. Now, almost 9 months AFTER he fired me, I get 7 different letters in the mail saying I was not eligible for the past 9 months of uia benefits and that I owe almost $11,000. I am in the process of protesting, but I dont know exactly what I can do! The paperwork says that they did not feel I had intentionally gave them false information – so this is not a fraud case. How can I prove this doctor was lying to try to avoid paying me unemployment benefits? All my benefits have been frozen and I am positively sick with worry. Again, this employers MOTHER works at UIA so I feel like that is a HUGE disadvantage to me. Any information or help would be greatly appreciated.

If you used a cell phone or if the calls you made in your attempts to reach your employer were out of are and showed up on your phone bill, gather your records. Ask for a record of your claim, all phone calls made should be summarized in your claim. Did you violate any company policies regarding reporting your time off? If he claims you were fired for violating policies, you are not eligible for benefits. If he fired you after violating your rights, that needs to have as much back up as you can gather.
Years ago, I did quit a job after a few weeks, sexual harassment, and reopened my claim. The employer tried to state that I was fired for refusing to make deliveries. When the unemployment office called me to inform me my claim was denied, I told them why I quit and the deliveries that he claimed that I refused to make, were in fact delivered and there were invoices with signatures of both customers and myself. A couple days later, I received a call that my claim was approved.

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This entry was posted on Saturday, August 14th, 2010 at 10:00 pm and is filed under how to get new dental patients. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

2 Responses to “How can I prove an employer lied to deny me unemployment benefits?”

sweetashoney Says:
August 14th, 2010 at 10:10 pm

wow That really sucks. Unless u signed a paper stating that u were fired.. He can’t say that he did. I would sue him and take him to small claims court. Gather as much proof of anything u can find to work in your favor. Good luck and do it soon cause the day u get ur first paycheck from a new job… Unemployment will take it away
References :

twocents Says:
August 14th, 2010 at 10:31 pm

If you used a cell phone or if the calls you made in your attempts to reach your employer were out of are and showed up on your phone bill, gather your records. Ask for a record of your claim, all phone calls made should be summarized in your claim. Did you violate any company policies regarding reporting your time off? If he claims you were fired for violating policies, you are not eligible for benefits. If he fired you after violating your rights, that needs to have as much back up as you can gather.
Years ago, I did quit a job after a few weeks, sexual harassment, and reopened my claim. The employer tried to state that I was fired for refusing to make deliveries. When the unemployment office called me to inform me my claim was denied, I told them why I quit and the deliveries that he claimed that I refused to make, were in fact delivered and there were invoices with signatures of both customers and myself. A couple days later, I received a call that my claim was approved.
References :

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