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Would showing a 42 point drop in my blood pressure help unemployment appeal?

Would showing a 42 point drop in my blood pressure help unemployment appeal?

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  #1  
Old 08-04-15, 03:14 PM
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Would showing a 42 point drop in my blood pressure help unemployment appeal?

Hello,

I admit this is a strange question, but since I quit my job due to a hostile work environment, would showing blood pressure readings showing a 42 point drop before and after the job help decide this appeal in my favor? I'm hoping it works. Thank you!
 
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  #2  
Old 08-04-15, 03:37 PM
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Not sure I understand what the appeal is for? surely you don't want a job back that includes a hostile work environment ??
 
  #3  
Old 08-04-15, 03:41 PM
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I would guess they are denying the claim because he/she QUIT, rather than being fired or laid off. Voluntarily quitting a job means no benefits, at least for an extended period of time. If I were you I'd move on and find another job... there are plenty of them out there.

http://www.masslegalhelp.org/employm...ent/ui-if-quit

A job related reason for quitting would be "Unlawful discrimination or harassment, including sexual, racial, or other unreasonable harassment." And you would probably have to prove it, which is probably the most difficult part... "you need to show that you tried to solve the problem before you left. Or, you need to show there was nothing you could do that would work."
 
  #4  
Old 08-05-15, 03:53 AM
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Makes more sense now, especially after re reading the thread title

I agree it makes more sense to look/find new employment than to fight for benefits you might not get anyway. When I was younger [retired now] if I found myself unemployed I would take a new job that wasn't what I wanted just so I had a paycheck coming in while I continued my search for the job I wanted.
 
  #5  
Old 08-05-15, 05:45 AM
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According to the site that Xsleeper posted, you can collect under those circumstances. However, I wouldn't depend just on the blood pressure report. Do you have a witness who also worked there, to testify? Do you have a report from your doctor that links the job, to your health? I think that you would need those things, to solidify your case.
 
  #6  
Old 08-05-15, 05:55 AM
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What was the basis of the denial that the OP is now appealing ?

Without knowing that, I couldn't comment on whether the Blood Pressure reading is even germane.
 
  #7  
Old 08-05-15, 07:41 AM
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It couldn't hurt but whether it would help is tough to answer. Have you talked to an attorney about this?
 
  #8  
Old 08-05-15, 02:25 PM
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I gave the names and phone numbers of three former coworkers at the hearing who will back me up on hostile work environment. I did voluntarily quit because the job was not worth potential jail time, no way wold I go back there unless I was a spy for OSHA, lot of violaions. I have put around 20 paper applications in since I left that are in walking distance, do not have a car now after the last one blew the engine. The only callback I had was maybe part time at Agway, right now is their dead season.

I don't have any real assets in which to hire an attorney. I had the appeal last Monday, the ref said I would get a decision in the mail in a few days, called today, no decision yet, figured the readings would give a nudge in my favor. I do have enough in withheld benefits to buy a car which would make the job search much easier, already have insurance and plates to transfer over.
 

Last edited by BigGuytinytown; 08-05-15 at 02:26 PM. Reason: added info
  #9  
Old 08-05-15, 03:31 PM
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I gave the names and phone numbers of three former coworkers at the hearing who will back me up on hostile work environment.
Why did you give the names, of your witnesses, to the arbitrator? Did you think that someone else was going to call your witnesses, on your behalf? It's your job to prepare your case. You have to call your own witnesses. I don't get it!

You could have reported the violations to OSHA & you still can report them. In fact, that might help your case better than your blood pressure report. The more you tell us, the more I think that maybe you shouldn't have quit so quickly. OSHA doesn't need a spy. They can do their own investigation.
 
  #10  
Old 08-06-15, 02:19 PM
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I contacted the coworkers, they gave me permission to give their names and numbers to the ref. The OSHA spy comment was sarcasm. The OSHA violations included unlit emergency exit signs, extension cords not having ground plugs, having people use commercial herbicide without protective clothing, they call disposable masks respirators, vastly different creatures. I was afraid I was going to punch my boss.
 
  #11  
Old 08-06-15, 02:24 PM
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What I believe Pulpo is saying about the witnesses is that you should have called them to testify on your behalf, not just provided their names. At this point, they have contributed nothing and it may stay that way.
 
  #12  
Old 08-06-15, 02:28 PM
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The boss claimed she didn't know it was illegal to work 21 days straight without a day off until I reported her to the department of labor. Really wonder if she needed to be watered twice a day.
 
  #13  
Old 08-06-15, 02:44 PM
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The other side of the coin is you may have no case whatsoever if you did not report these items while you were working there. I apologize if this is information you already provided that I missed reading.
 
  #14  
Old 08-06-15, 04:33 PM
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You asked the coworkers if you could use their names but you didn't ask them if they would testify. The he said, she said stuff won't help. That's not how you prepare a case. Separate the emotional aspects from the legal.
 
  #15  
Old 08-06-15, 05:36 PM
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I'm not sure how the process works exactly, but just like work and personal references, I would think the arbitrator would probably just do a phone interview? Ask a few questions, get the answers, and done.

A friend of mine in VA had to appeal her case and that's how it worked for her.
 
  #16  
Old 08-08-15, 07:34 AM
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I'm currently waiting for the appeal to go through. It is taking longer than the ref said it would. I'm going a little nuts about this because benefits are being withheld since June 6 this year. Thank you for the advice folks.
 
  #17  
Old 08-25-15, 03:55 PM
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Got denied, but I sent that info after the hearing, going to appeal again, up to about $3,000 in unemployment benefits which would come in mighty handy now.
 
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