February 18, 2012

Today that feeling of self pity and wanting to just burst into tears is shadowing me throughout the day. Today that feeling of self pity and wanting to just burst into tears is shadowing me throughout the day. Today that feeling of self pity and wanting to just burst into tears is shadowing me throughout the day.

In the beginning of employment, for the first five months as a matter of fact, I was happy, enjoyed the job and looked forward to going in everyday.  Then one day my attitude took a turn for the worse and so did my work performance, without my knowledge of it.  It all just changed because Dick said so and what Dick says is as good as the word of GOD.

The management and owner at my last place of employment made me unhappy and it was done intentionally.  Dick first saying that it was because of low production was the reason as taking me off the front desk and than exaggerating situations that were not even that bad to begin with.  One day after being employed at FT for eight months, I got out of bed, went to work and started swearing, disrupting and threatening employees.  This has to be true because the managers said so and wrote notes all about it, even though there are emails saying that I was not suspected of any of these behaviors and that it is because of low production, distractions and needing to focus.

Now why they were following me around makes more sense now that it did than, it wasn't because they suspected me of doing something, it was because they were looking for a reason to write me up for discharge.  Now here is going to come some inappropriate language, "WHAT THE FUCK?"  Who does that type of shit?  Follows employees around searching for reasons to write them up, making the employee feel distraught and unhappy every single day they come to work.  Than when the employee has the audacity to retaliate and try to fix the situation, they become a problem employee?  Is that how things are run Dick?  Is there such a shortage of work that your management has time to follow employees around to seek and/or create bad situations that were never in place from the begging?

There was never an issue, even management at the original office told me so and also said if there was an issue they would talk to me.  So first the company has to set forth with a problem by, fabricating production reports, click to view the ones here and here, and managers writing notes to Dick that make me appear as if I was being disruptive.  Here is the first email that was sent to Dick, two of his administrators and the E.A.P., back on the 23rd of November.  This was because of the November 17th incident, see this post to read more, people were acting funny towards me all day.  On December 4th, the day before I suddenly became violent, this email was sent with the following response from Dick.

Suddenly on December 5th, the day after the December 4th email, since there was no suspicion of me breaking any of those rules listed, a problem was created.  First by making Beth violent and threatening by not fixing the production report, creating anxiety so that Beth has a tough time concentrating on her work and than writing her up without any real explanation as to why.  Oh yes but lets not forget about the notes that we never shown to Beth that will magically appear in the NYS Department of Labor hearing file so that Beth can get hit with Gross misconduct and would not be eligible for COBRA.

So now I am appealing the decision because nobody has a right to cause distress and unhappiness to a person, than accuse them of it being a feeling of dissatisfaction.  It was not dissatisfaction, it was stress and anxiety that was intentionally caused from my employer without any legitimate explanation.  As for the marijuana incident, today I believe more that it was created by him to try to make me appear paranoid.  Unfortunately for Dick, approaching the marijuana situation it in the correct manor fucked up whatever ulterior motive Dick had in the first place.

February 16, 2012

#IFeelLikeBeingFunny - Appealing the decision

Elizabeth's Miscellaneous Topics: Appealing the decision - how to handle the next hearing

While reviewing the evidence from the hearing a few things that was overlooked earlier was the write-up on 12/19/11. The one Dick had me sign on 12/19/11 has the date of issuance for 12/16/11, that means it was something that occurred on 12/16/11, not the email on 12/18/11.  The accusation made of me hacking the network wasn't going to stick and he knew it so than he had to create a new reason.  It wouldn't be surprising if Dick had that write up filled out and ready the same afternoon of the Christmas party.  The second item that caught my eye was that the write up was for unprofessional behavior, it didn't state anything about being threatening or the use of abusive language.

Of course the network hack wasn't going to stick for three reasons:
  1. My statement shot holes in that accusation of a network hacking threat, along with the fact that there is a difference between Internet and network.  Internet would let me play farmville in the parking lot of FT and network would only remind me of work...Listen Here
  2. The comment in the original statement I wrote mentioned how he hugged me a little tighter and called me sweetheart when I kissed his cheek before my comment about the Internet...Listen Here.
  3. Trying to introduce an employee handbook that I never saw into evidence was ...listen here
I really do feel like my rights were violated in that hearing room, just going over the entire situation, how my original written subpoena request was ignored before and during the hearing. The fact that Dick, his lawyer, the ALJ and myself sat in that hearing room for over an hour going over documents that had nothing to do with the original denial in the first place only to be denied over an email sent to a coworker that doesn't even exist.

Earlier in the day, before the Christmas party, Dick pulled the old bump into me in the hallway to make it appear as if something inappropriate was said or make it appear as if I were following him. While heading for the ladies room Dick was staring at me with his mouth hanging open in surprise.  At the time I did not know what that was all about but now I think I do, he was trying it to make it appear as if I were saying...
From earlier post comments, it appeared on several occasions as if he really believed that in front of his family on Halloween and than again at the Christmas party I was going to do something unprofessional. Does Dick really think I am that stupid to go up to him in front of his wife and kids and act like some insane jealous woman? It has to be wondered if that type of situation ever did happened with another female employee in the past to make Dick believe it would actually happen again or is he really very delusional and not me.

Anyways when the appeal comes through Dick is going to have to produce the email with the profanity and the coworker that received the email with profanity in it. Of course since neither one of those two exist, what was it I said in a previous email again...oh yeah, how are you going to weasel your way out of this one Dick? What do you think of this new last name for Dick, head, so now in posts after this I may refer to him at times as Mr. Head.

February 15, 2012

Another interview - Why did I downgrade myself?

A few weeks ago I had written a post on Elizabeth's Blogger Wikis on how to create an attractive resume on CapitalAreaHelpWanted.com.  On that post are instructions on creating a nice resume on CapitalAreaHelpWanted.com's website so that when applying for jobs, potential employers will see your attractive resume instead of the usual humdrum one that the website creates when adding just plain text.  The instructions do not require any knowledge of HTML code either, just a few simple steps.  When the person who sees the job you are applying for sees it their first reaction will be, wow.

My own resume on CapitalAreaHelpWanted.com helped for me quite a deal.  Originally the position I applied for was for an inside sales representative, but the company called me for a position as an administrative assistant for the president of the WebIT section of the company.  The pay is much more than what I was making at my last job or any job in the past.  Not giving myself the benefit of the doubt it never occurred to me that the skills needed for higher paying jobs was right at my fingertips all along.

Of course I am still going to push the unemployment case because Dick is not going to use my money to keep his business running and it is time somebody took a stand for his behaviour.  This fight is not just for myself but also for those employees who he is going to try and is screwing over.

February 14, 2012

Does knowing politians give somebody the right to violate another person's rights?

Elizabeth's Miscellaneous Topics: #ifyouknowmeyouknow - Emails sent to the owner of my previous employer

After sitting through the hearing for over an hour and getting a decision that had nothing to do with the evidence that Dick Head's attorney submitted is so frustrating. If you click the link above, all those emails on that post are to the owner of the company. Here is what the determination came out to be:

 To read my original statement submitted to the Unemployment Hearing Board for the Administrative Law Judge to review before the hearing, Click Here.  Everything in this statement is based on what was submitted into the hearing file before the hearing.  Most of what was submitted into the hearing file was removed the day of the hearing based on:
  • My Statement
  • The fact that why I was denied had nothing to do with what was added after my denial.
At the end of the hearing the ALJ asked me if I would need any witnesses or subpoena anybody, when I mentioned a manager that was nearby in the break room whom I though may have overheard because she looked over during JM and my conversation.  Nothing was said about my request, the hearing was concluded and the ALJ said he would make his decision within five days of the hearing and notify us by mail.  The notification was mailed out immediately following the hearing, the ALJ did not even ponder it for a second after the hearing, he probably made his determination before the hearing based on the evidence and that determination that has nothing to do with each other.

So now Mr. Head thinks just because he is a supporter of Dan McCoy this gives him the and the ALJ the right to violate my rights?  Does Mr. Head also think it is okay to break all types of labor laws by not giving employees copies of write ups, not subtracting lunch and breaks from employees production reports and sexually intimidating them, just because he supports Dan McCoy.  Now the big thing is, does Dan McCoy want to be proud to have a man like this support him and allow this man to conduct this type of business practice just because Mr. Head supports him?  What is the point of making labor laws if the only people that get to control them are the ones who are breaking them?

  • Click Here to view my original statement to the unemployment board
  • To view the emails click here and scroll to the bottom of the post.

This will give you an idea of what is being dealt with, it also might appear to the stenographer who is listening and typing the hearing process that I might appear to be mentally unstable and babbling.  Mr. Head was always trying to make it seem as if my mental stability was compromised

Here is what some of the notes say that were never shown to me until the day I went to the Unemployment hearing office to look at them:
  1. 12/5/11: Beth came to me and told me that I never fixed the formula's for production reports.  She said that she mentioned it to J and that she talked to Dick head and JK about it also.  She told me to fix and and "don't fuck with smart people"
  2. 11/17/11: Beth has been making comments and asking questions that either make no sense or not related to work.  To me if I think she finds this place a fun house.  It's starting to irritate me and other employees are starting to make comments about her.
During the hearing Mr. Head made a point of bring up the Marijuana incident and the emails I sent to him about it.  I wasn't discharged for that since there is no basis on discharging somebody because they suspect the use of Marijuana in the office, so why the ALJ let him sit there and talk about that is beyond me.  The original determination was not made on the basis that I reported somebody for having Marijuana on them in the office.

Back in the fifties they used to give patience in mental hospitals lobotomies for having an opinion or not believing in GOD.  Now what they do is make you seem paranoid and mentally unstable, not much has changed has it?

February 12, 2012

Appealing the decision - how to handle the next hearing



The decision unemployment mailed me was confusing at first but now it makes sense.  The reasons put in the file  and than what they determined is what is confusing to me.  Originally Dick gave a reason that he told me to stop emailing the server but that couldn't stick because of laws stating that the reasons I sent the emails originally were valid.  Next was the use of abusive language, the first determination said admitting to using profanity in an email to my employer to express my dissatisfaction with him.  So a request for a hearing went out and now the new determination is that I admitted to sending an email to a coworker using profanity and that I used that same profanity in an email to the employer admitting my dissatisfaction with my employer. 

Upon viewing the file there were all these new reasons that had nothing to do with the original reason and was not mentioned to me over the phone by the Labor Department Representative on 01/04/12.  A few of the new ones in the file at the hearing board were, being disruptive, odd behaviour, and a brand spanking new page six of the employee handbook.  There wee two notes commenting that I was being disruptive on one occasion and another accusing me of saying and doing things that made no sense to the other employees.  I do remember that day, and did all could be done to keep to myself, staying quiet, working hard and not distracting anybody.

During the unemployment hearing the ALJ and Dick kept bringing up those notes, as if to prove that this was an ongoing behaviour, when it was not, nobody talked to me, expect to walk by me and make comments or give me dirty looks for no reason.  After reading quite a bit it came to me that what they kept addressing had nothing to do with the original reason, a reason that did not exist.  They cannot bring in new evidence that has nothing to do with the old evidence, my original denial was saying that I was sending emails to coworkers using profanity, yet there are no emails or coworkers to bring into evidence.  A few things about that hearing give me an idea about what was going on but is going to kept to myself until after I talk with a attorney on Tuesday morning.

My argument is basically that the word "Fuck" wasn't use abusively because it wasn't, there is a difference between abusive language and offensive language.  I did not create anger, annoyance or harm to anybody by what was said and section 1100 does state that it cannot be considered misconduct when used the first time.  The fact that over and over again Dick allowed managers to give me wrongful production reports and than belittled me for it was more abusive than anything.  Dick did not swear at me but he did threaten to fire me just for complaining about production reports that were given to me wrong.  Those production reports should have been correctly given to me the first time around.  As for trying to say that using the "F" word as being dissatisfied with my employer is quite far fetched, a better term would be having the Fuck-it feeling and wanting to call in is getting strong because my employer was making me feel unwelcome.

After being employed at FT for almost eight months, suddenly the day my production reports were given to me was also the same day that my attitude became bad.  On some of those days the errors in those production reports were lower than any other day.  November 17th is one example, it says my production was approximately 40% when it should have been about 63%, according to the calculations, what I found out later was that my lunches should have been subtracted so that meant the entire time my production was way beyond 90% towards the end.   This particular day is when the magic note about my odd behaviour appeared in the file at the Labor Department for my unemployment hearing file.

On the day of my discharge, when I asked Dick what my production for the previous week, he told me not to worry about it.  This could possibly be because Dick knew when I saw my production was what it should have been according to the labor laws all along he would look like the fool he tried making me out to be.

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