Employment Lawyers Can Answer Your Employment Law Questions
yes. Reason: We quit. We couldn't have quit when the reason for our not being on the road was/is that the truck is broken and was not fixed for the three weeks for which we claimed unemployment. This is the same reason we were denied when we couldn't drive because they let my health certificate expire while we were we'reon the road. While we were off, my co-driver, following instructions from the unemployment people, searched for new employment, which he found and starts his new job on Monday. Now that the truck is fixed, they're asking us to come back and return to work. Paul can't because he has a new job, I can't because a co-driver is required for driving for SLT, and Paul is my co-driver and the only one I'd find acceptable.
Are you still within the time frame to appeal the UC decision?
they haven't made a decision yet, they have only informed me what SLT said when they found out that we had filed for unemployment, reason for declining: we quit. But that's the same reason they used when they let my health certificate expire while we were on the road, and they prevailed in the appeal, after switching stories three times.
Ok. Your position is that you did not quit, that you were constructively discharged due to your employer not providing a job for four weeks.
which was also our position last time, we were available for work but the company was not legally entitled to give us work because I had no health certificate.
so they said we quit.
This is different; the constructive discharged must be based on an act of the employer. Having no health certificate is not an act of the employer. However, not giving you work for four weeks is an act of the employer.
okay. at this point, who is my employer? The owner of the truck says he is, but we have no contract with him and did not apply for a job with him.
99% of employees are not under a written contract. Under the law, you can have multiple employers. An employer that pays you and an employer that tells you what to do. Your position is that everyone was your employer.
alright, I can use that as the answer to the denial by my employer. I appreciate your time. This is a satisfactory answer.
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