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legal question

Discussion in 'The Lounge' started by R77K10, Apr 20, 2006.

  1. R77K10

    R77K10 Banned

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    i finally decided to file for unemployment insurance a couple weeks ago- after having been laid off from the plant for a couple months,

    well that went ok and ive recieved one check so far- however as small as it may be

    well i jut got a letter from the state today that states that a former employer claims i voluntarily quit

    this employer was a local restaurant

    what happened is that it was a truck delivery day for food and supplies, and fresh chicken and stuff also.

    there were 4 tubs of chicken left in the store that were over two days past expired and were turning green and smelly, nasty

    so i took it all out and tossed it all in the dumpster,
    later that day i found myself getting written up for not saving it/using it- by the store manager-and he said "oh the chicken is fine i went out and checked(in the dumpster)"

    when he said he was going to write me up i said no and walked out-
    i kept a tag off one of the tubs of said chicken, i think i still have it somewhere


    dont i have something here ?

    this is BS

    is there a website i can get something from ?

    find out something i need ot know here?

    i have an interview with the state about this on the 26th, over the phone

    they are going to say i quit and do not qualify for unemployment
    and will recoup the amount of the check i have recieved so far


    what would you do

    this was almost a year ago or so, is it too late to go to the health dept about it ?

    would it do any good though ?

    thanks for anything
     
    Last edited: Apr 20, 2006
  2. wasted wages

    wasted wages 3/4 ton status

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    I don't know about Illinois,,,but in Texas,,,

    pretty much sums it up.

    It was not your descision to make concerning the useability of the chicken,,,
    If your boss said use it - then use it- it's his problem if he makes everyone sick,, not yours,,I don't think you stand much of a chance of disputing this,,,

    just my .02.....
     
  3. beater_k20

    beater_k20 Banned

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    you quit, plain and simple.

    if you wanted to do something about the expired chicken, you should have left it where it was, and called the health department right then and there.
     
  4. cbbr

    cbbr 1 ton status GMOTM Winner

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    Same thing in La. If you quit, you quit. As far as I am aware, there is no "reason I quit" exception.

    Also, save the $$ that they already gave you if possible - they may well have a right to ask for it back and if you don't give it to them, they will get a lawyer involved and you will end up owing a lot more. We all know how much fun that can be.:rolleyes:
     
  5. R77K10

    R77K10 Banned

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    pretty crappy trying ot do something right in this world and ya still get burnt, even when youre trying to protect ppl's health or something else,


    how it works i guess.

    also this isnt all thats happeend today, before all this i had to go and have stolen property of mine recovered that i located across town
    i had pics, so thats good,
    should be interesting even more, gotta talk ot states attorney and the officer i filed the theft with, in the morning


    hey im glad i cant see what beater_nuts said in his reply haha gotta love ignore feature

    thanks
     
    Last edited: Apr 20, 2006
  6. cwn anwyn

    cwn anwyn 1/2 ton status Premium Member

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    Was the chicken deal with your last employer. The one that laid you off? Or one prior to that? I had to claim unemployment after getting out of the military and not landing a job for a few months. I had quit a couple of positions prior to my military service voluntariliy and nothing was said or done about those. I always thought that unemployment claims were denied or approved by the last employment.:confused:
     
  7. 8_YOUR_H2

    8_YOUR_H2 1/2 ton status

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    Maybe you should have refused to sign the write up, or signed it "In duress" which means you were coerced into signing it . Then looked for a new job.

    I have found insubordination rarely works in my advantage.
     
  8. beater_k20

    beater_k20 Banned

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    well, if he cant read what i said...

    does anyone else think there's something seriously wrong with this guy? :D
     
  9. Corey 78K5

    Corey 78K5 1 ton status

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    Everyone can read what You say, it's just that no one cares:D
     
  10. Corey 78K5

    Corey 78K5 1 ton status

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    I'll sum it up for Ya. You focked up, now look for a new job.
     
  11. Skigirl

    Skigirl 1/2 ton status

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    This chicken thing was for a previous job, not the one you were laid off from. Your unemployment stems from this current job. Not sure I see the relevence of previous employment history, unless you also got unemployment benefits from the chicken job.

    Laws regarding unemployment vary wildly from state to stae. In NY, for example, you can be a grossly incompetent, policy violating saboteur for years, have every instance documented,and if your employer fires you one day because he's had enough, BUT you didn't do anything bad in particular that day, then you can get unemployment even if the employer trys to block it.

    In other states, you don't have a chicken to stand on.

    Tell the state agent who calls what happened and find out what relevence, if any, a previous incident has to do with your current situation.

    And then get another job.
     
  12. diesel4me

    diesel4me 1 ton status Premium Member

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    I had experience like that..kinda long....

    My first job at an auto paint and parts store ended like this...

    I mixed some paint for a regular customer who had a body shop,and a charge account at the store--the day I went to his shop to deliver his paint..he said he wanted to pay his outstanding bill...I said I didn't have a recepit book with me,but I could take the check he gave me,and write up a recepit at the store upon my return...which I did immediately as soon as I got back,so I wouldn't forget..I rang it up in the register and wrote a handwritten slip,and put it on a bill spike,to be delivered to him,or handed to him if he happened to come in the store..

    A week or so later,the guy calls me,all pissed off because the same amount was still listed as "owed" on his statement he just got!..I told him I rang the money up,wrote him a recepit,and not to worry,as our main store in another town did the billing,they probably didn't get the recepit yet..

    Another week later,my boss approaches me,and says "Mr. X" (the customer in question) called me at home last night,and ruined my supper!..WHAT DID YOU DO WITH THE MONEY HE GAVE YOU???...I told him,but he says "I dont recall seeing any 200+ dollar check in the register in the past 3 weeks!..are you SURE you didn't leave it in the delivery vehicle AGAIN??(I did forget one check for a small amount once before,and was never allowed to forget it either!--but hey,I'm human:doah: )..

    Every day for the next 2 weeks I was grilled incessantly about the money,and what I planned to do about it..I had no answers..my boss was a complete ass,and enjoyed browbeating me a great deal about this every chance he got..my stomach was an ulcer in a few days..:(

    My boss worked part time at a local dog racing track as the announcer in the afternoons 3 days a week..he was always in the cash drawer,taking money in and out of his wallet,and putting money in the drawer..I never said anyrthing,but I knew he was pinching the till to play the dogs at the track,and if he won,the money was just "borrowed"..if he lost,he'd have to pay out of his pocket,but he used every other means before that would happen quite often..like charging some kid 30 bucks to turn 2 brake drums,etc..

    I ended up walking out after being grilled one morning,before I kicked the crap out of him for calling ME the theif!..HE was the one who took the money,but I had no real way to prove it..He had been with this company ince his teens,his only job ever,and he was 74 then!--so my chances of making anyone think he was crooked were slim!...(though many of our customers had dealings with him in the past that didn't doubt me one bit!)...

    I drove directly to the unemployment office!..they took my story,and said I did quit,but "Under duress and extenuating circumstances"..and was granted unemployment benefits!..

    The store objected,and demanded a hearing,after I'd collected a few months--by then I'd moved to my old hometown,and had found employment elsewhere..the hearing was supposed to be held there,but my former boss did not show up!..they had told him it was being held elswhere by mistake,so I won the hearing by forfeit,and because the store should have provided me with a recepit book while on deliveries..even though massachussetts has a "hire and fire at will" policy..the store was pissed,no one in their 50+ year history ever collected unemployment from them sucessfully before!..before ME that is!!...:D
     
  13. divorced

    divorced 3/4 ton status

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    What resturaunt? I need to be sure to NOT eat there.
     

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