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neenie
Member since 5/05 22351 total posts
Name:
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Re: About my job Part II
ugh... what a POS!
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Posted 1/21/07 1:28 PM  |
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Long Island Weddings
Long Island's Largest Bridal Resource |
dm24angel
Happiness
Member since 5/05 34581 total posts
Name:
Donna
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Re: About my job Part II
Its gonna be OK sweetie! This is sooooooooo for the best!
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| Posted 1/21/07 1:29 PM |
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bklyngirl
COULD THIS BE MY YEAR??
Member since 6/05 15758 total posts
Name:
Gail
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Re: About my job Part II
then the boss wasn't concerned for your safety i think u could have a good case on your hands. good luck with everything
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| Posted 1/21/07 1:37 PM |
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alnem
This is gonna be a good year!
Member since 2/06 9562 total posts
Name:
Emily
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Re: About my job Part II
DEFINITELY CALL AN ATTORNEY! It sounds like you should be entitled to unemployment, what would be his grounds for suing you????
Good luck Emily! If you need an attorney referral, let me know. I had a problem with my previous employer earlier this year and used a great attorney!!! 
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| Posted 1/21/07 1:52 PM |
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Kate07
Feel better my little guy!
Member since 5/05 4476 total posts
Name:
Kate
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Re: About my job Part II
Posted by Emily
I need a HR opinion and an Attorney ASAP. He canceled my Health Insurance effective Friday and told me if I try to collect unemployment he will sue me.
W T F?! If you try to collect unemployment, he'll sue you???
Um....he's in for a surprise! Sounds like unlawful termination to me...
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| Posted 1/21/07 1:59 PM |
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Kate07
Feel better my little guy!
Member since 5/05 4476 total posts
Name:
Kate
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Re: About my job Part II
Unemployment Benefits
Unemployment benefits are based on combinations of federal and state statutes. New York’s unemployment compensation program is administered by the state and provides monetary compensation to workers who have been terminated without cause, through no fault of their own. Employees who voluntarily terminate their employment for “good cause” may also be entitled to benefits.
In the state of New York, unemployment insurance benefits are funded by taxes that are paid by employers only. Deductions are not made from workers’ salaries. The New York Department of Labor is the agency that determines whether a worker qualifies for unemployment insurance.
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| Posted 1/21/07 2:02 PM |
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Sweets13
Bella Bambini
Member since 5/05 9300 total posts
Name:
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Re: About my job Part II
when an employee is terminated,,,the insurance is carried until the end of the month...
what he told you si to scare you!!! file for unemployment and get yourself a great employment lawyer~
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| Posted 1/21/07 2:13 PM |
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suvenR
designer mutt
Member since 5/05 4239 total posts
Name:
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Re: About my job Part II
Posted by Sweets13
when an employee is terminated,,,the insurance is carried until the end of the month...
not necessarily. It's outlined in the plan setup. There are 3 options: last day worked, 15th of the month, or end of the month.
Message edited 1/21/2007 2:25:44 PM.
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| Posted 1/21/07 2:25 PM |
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leighla
Support Cancer Research
Member since 5/05 16353 total posts
Name:
Lauren
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Re: About my job Part II
Unfortunately NY is an employment at will state, so they can fire you at any point in time for no reason.
And as Sue said, the benefits thing depends on the plan, so he probably can terminate them.
However, this is what sounds like a constructive discharge, where the boss makes the environment so unpleasant that it "forces" the employee to quit, which is illegal.
Do you have an HR department you can speak to? I would call them first thing Monday and detail what has happened and ask them to weigh in on this.
I also would try to claim unemployment and see if he really has the balls to sue you. If he does, you need an attorney. If he doesn't (and I suspect he won't) you are saving yourself some legal fees.
Like some others said, this will probably work out to be the best thing for you, but I know it doesn't seem that way right now.
Sorry you are dealing with this BS.
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| Posted 1/21/07 2:41 PM |
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Phyl
R.I.P. Sweet Mia ♥
Member since 5/06 28918 total posts
Name:
The Mystical Azzhorse! ™
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Re: About my job Part II
OMG Emily!
It may feel horrible now but you have needed to get away from this azzhole for awhile now. I'm here for you as always. Hang in there and follow through on what you need to do to take care of yourself! 
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| Posted 1/21/07 2:56 PM |
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DRMom
Two in Blue
Member since 5/05 20223 total posts
Name:
Melissa
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Re: About my job Part II
Also the fact that the other emploee told you he would kill your family and then when you complained about it he told you you were a drama queen and a whiner. If I was you
1. get an atty(they may even take it on a contingency basis. I think MrsPorkchop's DH is a labor atty.
2. Immediately stop dealing with this person. Let your atty have all conversations. In NY you can record conversations without the other party knowing-if anyonme cpntacts you record it.
3. This co. is in some serious $hit!!
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| Posted 1/21/07 3:35 PM |
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DRMom
Two in Blue
Member since 5/05 20223 total posts
Name:
Melissa
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Re: About my job Part II
Posted by Sweets13
when an employee is terminated,,,the insurance is carried until the end of the month...
what he told you si to scare you!!! file for unemployment and get yourself a great employment lawyer~
Also, he can't "sue" you for seekingt unem,ployment. He can deny it and then you appeal. It all goes through NYS unemploment process. Has he ever written you up?
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| Posted 1/21/07 3:36 PM |
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Nicole728
My Happy Girl
Member since 7/06 8198 total posts
Name:
Me
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Re: About my job Part II
OMG EMILY!!!!! WHAT A POS!!!!! Def hire a good lawyer...and you can file for unemployment!
I'm so sorry you have to go thru this!
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| Posted 1/21/07 3:37 PM |
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Emily
Kasey & Me! Lurves it!
Member since 7/06 8703 total posts
Name:
STBHC
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Re: About my job Part II
Posted by melijane
Posted by Sweets13
when an employee is terminated,,,the insurance is carried until the end of the month...
what he told you si to scare you!!! file for unemployment and get yourself a great employment lawyer~
Also, he can't "sue" you for seekingt unem,ployment. He can deny it and then you appeal. It all goes through NYS unemploment process. Has he ever written you up?
Never..I don't think I am a drama queen. I asked for protection and got none.
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| Posted 1/21/07 7:00 PM |
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MrsS2005
Mom of 3
Member since 11/05 13118 total posts
Name:
B
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Re: About my job Part II
First of all, he can't sue you for filing for unemployment compensation. He can fight your claim by arguing that you quit, but he can't sue you for damages. You should definitely file for unemployment. If he wants to fight your claim, he has to take active steps to do this. There will be a hearing to determine whether you're entitled to unemployment compensation. You don't need an attorney for this. You can file the claim yourself, and you're not required to have representation if a hearing is held.
You stated you didn't quit and that you left for your own safety. Even if you had quit, you may be entitled to benefits. Most people who quit their jobs are not entitled to unemployment benefits. However, if you are forced to quit, you may be allowed to collect benefits. You were subject to a hostile work environment, which may entitle you to unemployment benefits.
If you're thinking of suing your employer, contact an employment lawyer. Most offer free consultations, whether in person or over the phone. Keep in mind that it may be very difficult to prove your case if it's your word vs. his, and there were no witnesses or paper trail. Good luck.
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| Posted 1/21/07 9:54 PM |
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Wendy1220
LIF Adult
Member since 3/06 2004 total posts
Name:
wendy
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Re: About my job Part II
This guy sounds like a real piece of work, to say the least. Sounds like he's trying to scare you; he cannot sue you for applying for unemployment, he might want to check his facts before he runs off at the mouth. That and the fact that another employee threatened you and your family with bodily harm and he did nothing, makes for not a very good situation for him.
As much as it sux right now, sounds like you're better off not being there anymore. I'm so sorry this happened to you. Hang in there and take care of yourself
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| Posted 1/21/07 9:58 PM |
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Little-J-Mommy
I'm a Big Brother
Member since 5/06 8041 total posts
Name:
D
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Re: About my job Part II
what a dirtbag
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| Posted 1/21/07 11:40 PM |
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Tany
Becoming a different woman
Member since 5/05 24460 total posts
Name:
Tania
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Re: About my job Part II
omg Emily what a piece of poop.
Get a freaking good lawyer asap !!!!
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| Posted 1/22/07 7:46 AM |
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LaurenExp
Waiting patiently for baby sis
Member since 8/06 11613 total posts
Name:
L-Diddy EDD 11/11/11 :)
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Re: About my job Part II
Emily, holy $hit. Are you going to contact an attorney today? Seriously, it sounds like harrassment -- right from the start. I know you said your husband has wanted you to quit for years, but have you always had problems at this job? Is it anyone in particular (boss, co-worker, etc.) or is it everyone?
I just wanted to give you some love and and please keep us posted and CALM DOWN.
We love ya!
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| Posted 1/22/07 8:29 AM |
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Bxgell2
Perfection
Member since 5/05 16438 total posts
Name:
Beth
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Re: About my job Part II
Wow. Go get yourself a good employment attorney
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| Posted 1/22/07 8:47 AM |
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BabyAvocado
Happy New Year
Member since 5/05 17334 total posts
Name:
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Re: About my job Part II
Wow! What a jerk. Definitely get an attorney!!
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| Posted 1/22/07 9:27 AM |
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MsMBV
:P
Member since 5/05 28602 total posts
Name:
Me
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Re: About my job Part II
Posted by Emily
I wrote the email and called my boss at 10am on Saturday Morning. I received a call back two minutes ago and he told me I was a drama queen and a whiner...he should have fired me years ago.
I need a HR opinion and an Attorney ASAP. He canceled my Health Insurance effective Friday and told me if I try to collect unemployment he will sue me.
OMG Emily W T F ???? They cannot cancel your health insurance in the middle of the month, and they LEGALLY have to offer you COBRA.
I hope he gets it right up the pipe.
ETA: Save every email, voice mail, etc you can b/c it will help you in court.
Message edited 1/22/2007 11:24:03 AM.
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| Posted 1/22/07 11:23 AM |
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Diane
Hope is Contagious....catch it
Member since 5/05 30683 total posts
Name:
D
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Re: About my job Part II
Posted by SweetestOfPeas
holy crap!! what an SOB!
get a lawyer ASAP!!!!!!!
good luck.
I agree
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| Posted 1/22/07 11:23 AM |
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Ang-Rich
Beyond Compare
Member since 5/05 17988 total posts
Name:
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Re: About my job Part II
OMG - Emily! I am so sorry that you have to deal with this garbage and this horrible person...he gives new meaning to a bad boss.
You are definitely entitled to COBRA if you elect...but they HAVE to offer it to you by law.
In addition, he can't sue you for filing unemployment. He can deny the claim at which point you fight him but he can't sue you.
Clearly you have put up with a lot in that position...for your own sanity it'll work out to be the best thing that you don't have to work there anymore...but make sure to get everything you can out of them.
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| Posted 1/22/07 12:16 PM |
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domsmom52704
Family is everything!!!
Member since 5/05 1989 total posts
Name:
Jess
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Re: About my job Part II
What you experienced was a 'hostile work environment" in the eyes of the law and you definitely need an employment lawyer ASAP...You can sue the pants off the guy and he will lose his job if not everything he has...
To bad you didn't tape that phone call and what he called you. Take everybit of info you have, spreadsheet and all to an atty...
Also, file for unemployment ASAP. He can't sue you for that. it's a state run thing, all he can do is contest it.
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| Posted 1/22/07 12:27 PM |
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