Tag: Employer-Agents

Employer-Agents

  • What If Your Employer Lied at an Unemployment Hearing

    What If Your Employer Lied at an Unemployment Hearing

    If an employer lied at an unemployment hearing, immediately obtain copies of the audio from the hearing. If possible, organize evidence showing the lie. Of course, this isn’t always possible.

    Then, outline the issue within more formal process called a request for reconsideration.

    Help when an Employer Lied

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    Lies offered by the employer, whether from a boss, HR person, random witness, or some other witness usually shows up in three different ways:

    • Within an exhibit before the hearing takes place,
    • During the appeal hearing, and
    • After the hearing.

    Unfortunately, most applicants are hardly prepared. Even worse, when the lie occurs, the employee or applicant freeze up. This isn’t helpful either. So, a strategy needs to be developed before a hearing takes place.

    Employer Lied Before the Hearing

    Addressing pre-hearing issues is another story. Attacking a lie is different than presenting the truth using other testimony.

    Nonetheless, consider acquiring copies of a personnel file before the phone hearing takes place. Other times, applicants can seek support from a witness and or make legal objectives.

    Other times, the applicant might welcome the lie because it gives the former employee an opportunity to show credibility.

    Unfortunately, taking time to weigh facts and propose the strongest strategy is out of scope for a short post like this.

    Employer Lied During the Hearing

    When an employer’s witness lies during the hearing, this is where a claimant sometimes locks up. First, the lie is sometimes surprising to hear.

    Other times, the statement doesn’t sit right and causes panic. Or, the applicant begins to look through exhibits, while missing critical testimony needing a response.

    Although there isn’t a perfect answer, there is an answer. Point to evidence and make objections. Otherwise, a better answer is the process of offering additional testimony or cross examining the employer.

    Unemployment Lies After the Hearing

    When an employer lied at an unemployment hearing and their statement is used in the decision, what really matters then is drafting a well constructed appeal. An appeal after a phone hearing is called a request for reconsideration.

    Administrative Penalties if an Employer Lied at an Unemployment Hearing

    Now, lets examine penalties. When an employer lies an an unemployment hearing, admin penalties are supported by rule 268.184.

    Admin unemployment penalties are the greater of $500 or 50% of the unemployment benefit incorrectly paid to an Applicant.  

    On the other hand, penalties could be even higher based on the status of the Workforce Development Fund.

    Notification Penalties

    Notification penalties after an employer lied at an unemployment hearing are supported by the second section of rule 268.184.

    Penalties under this rule could be even more significant.  According to the rule, an employer must be assessed a penalty of $5,000 or two percent of the first full quarterly payroll acquired, whichever is higher.

    Criminal penalties after an employer lied at an unemployment hearing are supported by the third section of rule 268.184.

    Any person (officer, agent, individual, etc.) who lies at an unemployment hearing is guilty of a gross misdemeanor unless the underpayment exceeds $500.  If the underpayment is more than $500, then that person is guilty of a felony.

  • Unemployed and Scared of the Employer’s Big Bad Law Firm

    Unemployed and Scared of the Employer’s Big Bad Law Firm

    Unemployed workers are scared, and I know it.  Very few people wanted their job to end.  For those that quit their job, the process of appealing benefits can be just as difficult.  So far, nothing new.

    However, when the other side hires a big bad law firm to fight your appeal, it can send some folks into a spiral of anxiety.  On a human level, I try to do everything in my power to help people overcome these fears by:

    • Outlining Options and
    • Keeping them Informed.

    Perhaps this will help.  Except for seasonal workers, most people encounter the unemployment system once or twice in a lifetime, maybe never.  As a result, being scared is normal, if not the general rule.

    Scared of the Big Bad Law Firm

    Take comfort in your story and your situation.  The process of proving an unemployment claim does not hinge on the other side’s attorney.  The applicant’s story, whether an employee, worker, executive, or otherwise is the most significant piece to the puzzle.

    Yes, strategies might change slightly.  But, facts are facts.  What makes the process somewhat difficult are the lies that appear as facts.  When this happens, applicants seeking benefits need to hold the line and identify exactly where the employer’s story went wrong.

    Attorney for Attorney

    No, just because an employer hired a big bad law firm, this doesn’t mean applicants are stuck, hopeless, or on the verge of getting squashed like a banana.  In my experience, unemployed workers need every dollar they have to support their transition from no job to a new job.  But, meeting with an attorney makes sense when:

    • Folks want to know if they have a strong argument,
    • Learning how to turn a bad case into a good case,
    • Identifying key facts,
    • Picking pieces of evidence,
    • Familiarizing oneself with the process and how to strike first, and
    • Peace of mind.

    Again, an attorney is not for everybody, yet there are other people who desperately need one-on-one assistance.  Ultimately though, it is a personal choice.

    Unemployment Fears Go Away

    Browsing the web for answers is stressful.  But, I believe those unemployed fears can go away or lessen.  Fear of an appeal becomes less and less when employees verbalize their reasoning and are prepared for the difficult question.

    The actual fear of being unemployed goes away when workers find ways to get out of their home (volunteer, part-time work, etc.) and when a full-time job is within one’s grasp.

    In case you need a reminder, that next phone call or e-mail with a job offer could literally be minutes away.  I wish you the best.

  • TALX, Equifax, and the Unemployment Devil

    TALX, Equifax, and the Unemployment Devil

    TALX and Equifax are a business in Missouri that helps businesses appeal unemployment claims. They seek this goal as an effort to reduce tax dollars.

    Of course, there are many smaller companies across the country who do the same thing. If you come across any of these hired gunners, proceed with caution.

    So, If you are appealing a claim for unemployment benefits and received notice your employer or former employer is represented by TALX, please consider seeking advisement.  

    Why is TALX and Equifax Bad?

    Maybe bad was the wrong word. Instead, maybe the word is evil. Even certain government agencies are blinded. I am sure TALX would disagree. Even Equifax would disagree. I guess where I stand is the impact I have seen thereafter.

    In my experience, TALX and Equifax will twist an event into an a storyline that isn’t true, while picking at a comma and period within an employer’s handbook. The bad part of this whole process is that many applicants are surprised when they hear this for the first time at their phone hearing.

    Luckily, there are strong reasons that allow applicants, employees, workers, managers, and everybody in-between to stand up for themselves and fight back.

    How Do You Find Out Who Represents The Employer?

    Generally, an Applicant seeking unemployment benefits will not find out about TALX or Equifax until the very last moment.  Sometimes. there are clues. Other times, Applicants must ask DEED for a list of witnesses prior to their hearing.

    In a perfect setting, the claimant seeking benefits will receive notice from the unemployment office in side their evidence packet.

    If you see a strange document from an unclear source, perhaps it was from an agent representing your former employer.  TALX is sometimes identified as TALX Employer Services or Equifax.

    Will Their Representative Be On the Phone?

    Sometimes yes and sometimes no. In other words, every person should be prepared as if their employer has representation, whether an attorney or otherwise. The otherwise, which I described herein, has caused lots of emotional harm to individuals trying to move forward from their job loss.

    Even if a TALX or an Equifax representative does not participate at the phone hearing, the mere submission of their documents, evidence, and rhetoric can cause problems without knowing how to respond.

    Yes, the rule that supports third party administrators or employer agents like TALX is supported under Minnesota Statute 268.103.