How can I present my case?

What's the best way to present my case?
I have a telephone hearing coming up next week to appeal my denial of unemployment benefits. I was place on maternity leave at 28 weeks pregnant by my employer back in October 2008. They did not give me any choice. So I went to the unemployment office to see what could be done about it. I was told that I could receive unemployment since I was still able and available for work by the office. My employer fought it and now I have been denied because they say I am still employed there and that I signed an agreement stating that I accepted the maternity leave. I never signed such document, but i received a copy of it from my employer with what appears to be my signature. They either forged or copied it onto the form. This document is what I believe what got me denied. I don not believe that any employer has the right to determine when a pregnant employee should go on maternity leave. Im not very good with words and get really nervous when I am speaking. what are some tips on how I should present my case?

BozoBuster

There are some real bas tards out there, as you're finding out.

Get a legal pad.
Do NOT write out info as you have written out your question here.
Use short memory joggers on separate lines, not long sentences.
In outline-type form, make a chronology of events - what happened, when, who was involved (boss, co-worker, etc. )and in time-order.
Use as many names, times and dates as you can. Be specific.

When the chronology is done, skip a couple of lines and:
Outline with memory joggers your points:
1- Did you tell someone you were pg? Who? When?
2- What was the response, and how long after they found out did they force you out?
3- What is the written company policy re: pg leave? THIS IS IMPORTANT.
4- R U aware of any other women who've gone on leave?
5- Were their situations any different? (favoritism? discrimination?)
6- Who (& when) did you talk to in the unemployment office?
7- Ask: why EXACTLY were you denied? What is the documentation presented by the company which led to the denial of claim? If it's what you think, then:
8- Ace in the Hole: Demand that both you and the appeals board see the original of the form you supposedly signed. Tell them the reason for this is that you have absolutely no recollection of signing anything like that, and since it's the primary evidence against you, it's very possible that it is a FORGERY - use those words. Do NOT state that they forged it. Use words like 'possible forgery', 'don't recall ever signing', etc.

Also:
Where, physically, are the people who are hearing the appeal?
Where, physically, will the opposition (company reps) be? Their own offices or the appeals location?
If they are allowing the employer to physically appear before them while you are on the phone, I'd object and say that it's not a level playing field and you want equal treatment under the law; i.e. you want to be there to face them.

Finally; Be prepared for the employer to lie. Yes, LIE. I went through the very same thing in 2001 with - ready for this? - America on Line. Those scummy bas tards lied through their teeth about me and my supposed actions. Not even close to the truth. Fortunately, I prevailed and kept my UEC $. AOL put up enough smoke, however, that I received a minor reprimand for not using good judgement. That was wrong because it was a result of their lies, but I still got the money I was due, so I haven't bit ched about it.

It's nerve wracking. Have you had your baby? If not, you might throw in, at some point, that the stress of all this has created some serious emotional distress for you and you're afraid it's going to negatively impact your pregnancy and delivery. All's fair in love, war, and battling scummy employers who play fast and lose with the truth and try to screw you.

Feel free to email me with any questions. I'm so sorry to hear someone's doing this to you during or over a pregnancy. They are scumbags, and I would be looking for someplace else to work if you decide to go back after the birth of your child.

Best of luck to you.

Enter Your Message or Comment

User Name:
User Email:
Post a comment: