My husband is currently looking for an attorney to help him with a matter involving his former employer. The problem really isn't "Does he have a case", so much as it is "What kind of case does he have". Quite frankly I am exhausted mentally and emotionally over having to fight and argue my husband's side (Starting in March 2018 and still fighting) mainly with unemployment. Forgive me for this but I'm going to copy and paste the statement submitted to unemployment appeals. I just can't bring myself to type it all over again. I just really need some direction.
I am appealing the recent decision to deny me unemployment based on an untrue and malicious statement made by Mr.C , owner of COMPANY NAME. I am not a dishonest employee. In fact, it was my honesty and morals that were the reason Mr. C fired me. I was fired by Mr. C because I refused to violate DOT policy and regulation
by coming off my 10-hour rest to get the truck I was driving back to the yard. I was taking my rest an hour and a half to two hours (estimated) away from the yard. My wife came and picked me up so I could go home to take a shower and have my clothes washed as it was my impression that as soon as I arrived
back in Evansville Mr. C had another load that needed to go right back out for delivery.
After my refusal to come off rest Mr. C called me and told me “You’re done”. On March 16, 2018 I drove my personal vehicle to the yard to see if Mr. C was there and get my payroll check. Mr. C,
who was at the yard, told me “He wasn’t giving me a f***ing thing” in response to my question about getting my check. I told Mr. C that was fine I would file a wage claim. I got into my vehicle to leave and Mr. C stood at the front of my car and took both his middle fingers and flipped my 13-year-old
daughter, who came with me, off and yelled “F*** you too B****” at her. I revved my cars motor to get him to move out of the way, so we could leave. This caused Mr. C to run around to my car’s driver
side door and jerk it open. He started punching me in my head repeatedly until Evansville Police arrived. At that point Mr. C was taken into police custody and charged with assault. At that time, I was asked to come down to the Evansville Police Department to speak to a detective in the Auto Theft Unit as Mr. C had, that very morning, contacted them claiming I stole his truck. I obliged and
while speaking with the detective I showed him my DOT log, text messages from Mr. C and his wife demanding that I come off rest and explained to him that after Mr. C fired me I could not go back to retrieve the truck because I would be acting as an individual instead of a COMPANY NAME employee
and if anything were to happen to the truck or the load I would be personally liable. The fact of the matter is I was on a trip for COMPANY NAME in a truck assigned to me as an employee. Mr. C' s
trucks are equipped with GPS systems, so he was able to easily locate his truck which, as a reminder, was where I stopped to take rest. At no time was he unaware of the trucks location, who had it or why it was there. He is fully aware that he fired me in the middle of a run being done for his company and
thus must have realized that once he fired me I would not continue driving the truck resulting in himself or someone else having to go retrieve it.
Mr.C's attempt to file charges against me with the Evansville Police Department failed as they
deemed his claim as frivolous. It is my understanding that the evidence Mr. C presented against me to support his claim came in the form of written statements from COMPANY employees. I would like to point out that at no time were any other COMPANY employees involved with any conversation between myself and Mr. C nor were any COMPANY employees present on
March 16th when Mr. C assaulted me in front of my daughter. I feel that having his employees purge themselves was the only thing Mr. C could come up with after his attempt to file false charges against
me for vehicle theft failed. Mr. C's attack on me resulted in not only undue emotional stress on my daughter (already prone to anxiety attacks and suffering from the auto immune disease Alopecia Areata with flare ups causing her to lose hair in clumps at a time and which can be triggered by stress) but resulted in medical bills incurred because of having to go to the Emergency Room to seek
medical attention for the physical damage Mr. C caused me. My concern during his attack on me was not to fight him back, it was to hold Mr.C back from causing harm to my daughter who was in the front passenger seat beside me. Any returned punches on my part could have mistakenly hit her so my only choice was to sit there, between Mr. C and my child and take the blows.
Although this was the first time Mr.
C used physical violence towards me it is not the first time Mr. C was abusive. On more than one occasion Mr. C took it upon himself to curse at me, call me names and degrade me.
The length that Mr. C would go in his endeavor to enact his vengefulness was also revealed to me a couple of weeks after I was fired when the general manager from a company I had just recently financed a vehicle though, contacted me and informed me that Mr. C had been calling her telling her that she needed to repossess my car, I was trying to steal it or leave the state
with it. She also stated that Mr. C informed her that he drove by my residence on a regular basis
even going to the extent of parking across the street and “steaking out” my home. I was also told a
similar story by the property managment company I was renting my home from. In addition I did in fact file a wage claim against COMPANY and Mr.C which I won but Mr. C has refused to acknowledge and has still yet to pay.
That's basically the sum of it. I have a written statement from my daughter, the police report and a very nice print out of the mug shot I found online of my husband's former employer which I have considered using as a sign in my front yard to scare off young children and small house pets daring to wonder onto my lawn. The statement above has some pieces removed, for privacy reasons but it does basically sum it all up. Any suggestion on which direction we should go from here would be appreciated.