Had the phone-in court thingy today. It went......well it went. I really don't know what to think. I made my case calmly and without too many "and..um.."s, but I still think I'm gonna get screwed in the long run.
The truth is, the unemployment people gave me wrong information, and the gambit is so difficult to run without a great deal of stress, that by the time I finally got to somebody who could make a real decision as far as the state was concerned, I was totally burnt out on the whole thing. Then, to my surprise, the person who heard the case, get this, HAD NO EXPERIENCE OR FIRSTHAND KNOWLEDGE OF THE LAWS AND RULES REGARDING UNEMPLOYMENT. Now, I know what you're thinking, "What???" And, that's exactly what my response was. Turns out these cases are heard by lawyers that are acting judges, because they are required by state law to do a certain amount of pro-bono work for the state each month or year. (Maybe you can shed some light on this, Murph) Anyway, the "judge" asked so many questions regarding the rules of unemployment in the state, that I was dumbfounded. Hell, I KNEW more about the law in this circumstance that she did. AUUUUUUUGH!!!
So, I will know her decision in around two weeks. Right now, I think it will most likely be a "split the baby in half" kind of ruling. I probably will have to pay back the state for the weeks that I had students (2) and will not have to pay back the rest of the money. So, I'm probably gonna be out $520 instead of the $2380 that they wanted me to pay back. So, it will HOPEFULLY be a win-win for everybody involved. At least, that's the decision I would make as a judge. Of course, I would have brushed up on my knowledge of Unemployment Law before hearing a case, but that's just how I am.
On the negative side, I really felt that during the hearing I was being "ganged up on" by the unemployment rep. and the judge. One of those situations (and, yes, I'm playing this card) where two girls are ganging up on one guy. Normally, this kind of situation would be a turn-on, but instead, I felt very manipulated. Because I was a guy. Really. Had I been female, I'm not sure either one of these ladies would have been so nasty throughout the hearing. They both seemed like they had a huge chip on their respective shoulders, and were just waiting for me to lose my cool so they could just jump all over me. I never gave them the chance, but it didn't help that they were so "short" with me throughout. I felt like they both were working together to "catch me in a lie". It was kind of rediculous. I'm gonna see if I can get the transcripts, or the recording for the hearing. I'd like somebody else to hear it.
Either way, if I get screwed, I can probably get one more appeal. The next decision will be based on just the tape from this phone hearing, so I will not have to appear again. I'm not sure I could go through that again.
I'll let you know here what the final verdict was.
Keep your fingers crossed.
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1 comment:
Not that's it's any consolation, but they would have been just as nasty if you'd had a uterus.
See, here's the problem when you're in this kind of situation: there are three people involved--one is a hard-working public servant of the unemployment commission, one is a well-respected member of the bar, and the third is a no-good, lying, detestable, lazy welfare fraud suckling the public teat and living off the taxes paid by hard-working men and women like the first two people. And that's the presumption you're up against. The reality may be that the first two people on the list are a lazy slacker trying to get a little extra money on the side by doing mediation/admin. law and an incompetent and apathetic bureaucrat, while the third is a character from a Woody Guthrie song--but, you know, tell it to the judge. (Or don't--he or she may have stopped listening five minutes ago.)
Welcome to the harsh truth of The Law: Franz Kafka was a memoirist, not a writer of fiction.
I wish I had good advice, but I'm afraid the best advice I can offer is to look for ways to cut your losses. I hope that doesn't sound cold, because it's written with a great deal of sympathy.
As for the pro bono thing: some jurisdictions may require it, but I think most just recommend it. Usually admin./mediation judges are lawyers and/or retired judges who are getting paid to handle these cases. Not paid a lot, mind you, but pretty good for the amount of work that's usually involved. I have no idea what the case is in your corner of the country, whether it's a paying gig or some kind of community service.
In any case, good luck, man. Hope it works out for you.
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