Please wish me luck and send good vibes my way - Unemployment hearing tomorrow A.M.

[Minimus]

I left my job in Nov 2008 because employer was not depositing my payroll withholdings into our company's retirement plan.

I posted about it here:
http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=105&topic_id=8220683


I applied for and was granted unemployment benefits because "employee had good cause attributable to employer for leaving employment."

Employer appealed ESC decision and telephone hearing is tomorrow. I had to file a grievance with the US Dept of Labor - Employee Benefits Security Administration about the employer so I have a good amount of evidence that employer violated ERISA, IRS, etc. Employer had to pay all back monies withheld and a little (very little) interest into my plan.

Even so - I am still anxious about the hearing tomorrow and need some DU support.

[rurallib]

1. Best of - not luck but justice!

:kick: :kick: :kick:

[Minimus]

2. Thanks!

[yewberry]

3. Oh, gosh, good luck.

It is VERY, VERY good that you filed the grievance and that you have documentation of the offense committed by the employer.

I handle ESD claims for my (fairly good-sized) agency, and every single hearing that I've ever seen has been a case of employee fraud. Please be aware that the judge may go into the hearing with the mindset that the vast majority of these cases are employee fraud. Your evidence and documentation of the fact that the employer was breaking the law should be enough to show that you had good cause for the separation from employment.

Don't use a cell phone if there any chance at all of service interruption.

Frankly, I'm surprised that the employer is disputing the claim. They've pretty clearly acknowledged that they committed the offense, and ESD doesn't usually reverse a determination.

[Minimus]

4. I am surprised by the appeal myself. Even the evidence she

submitted supports my claim of how she mishandled my payroll deductions. The only theory I can think of is she will try to say I knew of the abuse all along yet continued to work there. I gave her chance after chance to make it right and I did not want to be unemployed - but I finally realized her financial situation might prevent her from ever making it right.

It is nice to know that ESC/ESD determinations are usually not reversed. I hope that's so in my case.

[Yavin4]

5. Good Luck

Your ex-employer probably won't even show up.

[quakerboy]

6. Good thoughts to you

I hope justice is fully served.