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Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 56909
Experience:  Licensed attorney helping employers and employees.
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I am a speech-language Pathologist. I have worked for 10

Customer Question

I am a speech-language Pathologist. I have worked for 10 consecutive years with an agency that places SLPs in to school settings. Each year. I was sent contract for renewal. However, in July of 2016, my contract was not renewed given the explanation my the district chose not to renew. I filed for unemployment in late September of 2016. Shortly after, the agency reported that I refused work after they wanted to set up an interview. Technically, my termination date was 6/3/2016. I explained to the recruiter at the the time that I did not have the specialized (augmentative communication) required to provide services according to best practice and therefore, I declined the interview. I had an unemployment hearing via phone and it was determined that that I was not ineligible for unemployment. I rec'd 2 additional calls from this same agency I rec'd the second call yesterday - my voicemail was full. Is the agency looking to for a way to have my unemployment discontinued ? Or is this typical ... ?
Submitted: 9 months ago.
Category: Employment Law
Expert:  Infolawyer replied 9 months ago.
It is typical. That said you want to cooperate. Any adverse decision may be appealed.You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way.If I can clarify or explain anything further, just ask me. kindly rate me 5 stars.Leaving a bonus after rating is very much appreciated.
Customer: replied 9 months ago.
Prior to my contract not being renewed, I had voluntarily updated my recruiter as to my new email address and new telephone number. They did not contact me by email after these last 2 phone calls. Also, the district wanted to renew my contract at the end of April 2016; however, my agency attempted to have the district buy out my contract without my knowledge and my consent. When I heard via the grapevine - I asked the recruiter why they presented this to the district after we had for years discussed my desire to remain as a consultant to the district. I recall during one of these conversations, the recruiter stated that districts, in general, rarely hire agency back if you declince a district employment offer. I found my recruiter to be disengenuous in the re-negotiations at the very least; in fact dishonest /duplicitous. My recruiter stated on July 26th that the district chose not to re-hire, when in fact it was my agency who chose not to re-new my contract. The principal confirmed this to me directly. In short, my recruiter lied to me at several points AFTER the district chose to renew my contract for the 2016-2017 academic year. I have a timeline with documentation of my interviews (since July) as advised by unemployment. But for the reasons stated above, I do not want to work for this same agency. The previous owner stated that XXX was the 'worst' recruiter he had ever employed because she treats her 'consults badly'. Two colleagues (other SLPs) who worked under the same recruiter left, one was furious with XXX and confronted XXX (after finding other another job). For these reasons and others, I have been working with other agencies to secure employment.Should this be referenced at all if there is an appeal ? Also, does my agency has access to my online log with the unemployment agency ?
Expert:  Infolawyer replied 9 months ago.
I would include by way of background. The file is normally only accessible to your employer and you, no one else.
Kindly rate me five stars.
Customer: replied 9 months ago.
Please specify what you mean by file. Do you mean the 'job search log?'
Customer: replied 9 months ago.
What do you mean by way of background ? Do you mean in writing ? Then of the employer would involve their attorney I am thinking.
Expert:  Infolawyer replied 9 months ago.
By file I mean the log and your application for benefits. Employer may involve a lawyer or handle through HR.
Expert:  Infolawyer replied 9 months ago.
If I can clarify or explain anything further, just ask me. kindly rate me 5 stars.
Customer: replied 9 months ago.
Does the agency's HR /attorney have the right to contact other agencies I am currently working with ?
Customer: replied 9 months ago.
Are the number of questions limited ? Still waiting on a reply.
Expert:  Infolawyer replied 9 months ago.
Absolutely no right to contact them. That would be tortious interference.
Expert:  Infolawyer replied 9 months ago.
Normally its one question but I am happy to answer all of them. Would just ask for a 5 star rate