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Auron

Disturbing pattern, dont know what to do...

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Im not sure if this is the right forum, but it does pertain to a discrimination

case so, im sorry if i cannot be specific with details...

 

Okay, i was "terminated" in June, filed an EEOC complaint, then suddenly

discovered i am still employed, but on "indefinite unpaid leave." Ive sat

down with 5 lawyers now - one said to contact him after the EEOC makes

a decision, but he's 95% sure his firm will not take my case because they

rather work with employers than employees.

Now, the other four ADA lawyers  have been following a pattern:
1) I set up a consultation for $xxx.
2) I go to consultation, describe my case in as much detail as i can.
3) The consultation fee gets waived, i get told "I need to do more research,"

"do not get another job unless its ABSOULTELY necessary," "this case would

qualify for contingency (rates of 30-40%,") and "you should recieve a contract

in the mail in a week or so," - the lawyer always appears enthusiastic about

my odds.

4) 7-10 days later the lawyer says they think i have a great case, but arent

going to take it, OR i never hear from the lawyer again.
 

I am now broke... nothing left... i HAVE to start looking for a job. I was hoping

this would be resolved by now, but i dont understand my position. Ive another

consultation scheduled for this week (if i can find the cash...) but can anyone

enlighten me as to what the issue might be? I dont mind not being picked up

as a client, especially if im not paying (at least in cash) but how do i break this

pattern? Im assuming these lawyers are seeing something that im not. Is it

possible my case is so good they think the EEOC will not let it go? My case is

so bad that im not worth touching... Could i be saying something thats an

automatic red flag to private council?

 

Basically, what i need to know is if this sounds like a good thing or bad thing

to you?

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Cant, im still technically employed.

 

If i dont have much of a case, how do i find that out?

No one will explain why they wont take the case so im

left stuck wondering... if i dont, thats fine, ill just move

on with my life, but if i do i can really screw it up by

making the wrong move... the reason im going to these

lawyers is for answers and im not getting any...

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5 hours ago, Auron said:

Cant, im still technically employed.

 

If i dont have much of a case, how do i find that out?

No one will explain why they wont take the case so im

left stuck wondering... if i dont, thats fine, ill just move

on with my life, but if i do i can really screw it up by

making the wrong move... the reason im going to these

lawyers is for answers and im not getting any...

 

 

You most certainly can file for unemployment.  If you are able and available for work and your employer has no work for you you can apply.  

 

 

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6 hours ago, Auron said:

Cant, im still technically employed.

 

You're not. "Indefinite unpaid leave" means you've been laid off, fired, canned, given the axe. It's also a scam that employers pull so that naïve people don't file for unemployment compensation. You've already lost a great deal of money by believing it. File now.

 

You should have been looking for another job from the getgo.

 

That you haven't gotten any answers speaks volumes. Nobody wants it.

 

 

 

 

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No one has to say, you're fired, before you can collect unemployment. If you're not working and not being paid you can file, even if you're technically still employed. File now, start looking for a new job, and accept that you if you had a strong case, someone would be interested in taking it.

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10 hours ago, RetiredinVA said:

Does this relate to your refusal to submit to a baseline evaluation in June?  If so, I believe we have respondd at length.

 

Its does, but this is a different issue - you guys told me to get a lawyer,

thats what im trying to do.

 

7 hours ago, adjusterjack said:

 

You're not. "Indefinite unpaid leave" means you've been laid off, fired, canned, given the axe. It's also a scam that employers pull so that naïve people don't file for unemployment compensation. You've already lost a great deal of money by believing it. File now.

 

You should have been looking for another job from the getgo.

 

That you haven't gotten any answers speaks volumes. Nobody wants it.

 

 

 

 

 

I was specifically told by EVERY lawyer (and hinted to by the EEOC

Investigator) NOT to look for another job. My position forbids

me from having a 2nd job, so being employed by another entity

becomes a de facto resignation = no benefits, no lawsuit, no options.

 

Im not looking for solutions to my termination - i want to know how 

to find out what these lawyers are seeing that i do not. I am sick

and tired of everyone else knowing things and not sharing. 

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Also the unemployment office AND the Delaware Dept

of Labor refuse to accept my unemployment claims until

I am offically unemployed - there is NOTHING i can do to

get unemployment, i have talked to everyone, including a

state senator...

 

Also ive been locked out of my 401k and investment

portfolio because the IRS still considers me employed. 

Until i get an official letter of termination ive got nothing...

 

Gee... if only i had a lawyer who would talk to me...

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That's not something a message board can provide. Certainly we don't know what the lawyers are seeing that you do not. I can't say that I thought you had a particularly strong case for anything in your initial thread but we can't make a lawyer talk to you and reputable lawyers do not troll message boards looking for clients. You can try calling your state Bar Association, your local Legal Aide or any law schools in your area for additional referrals.

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32 minutes ago, Auron said:

Also the unemployment office AND the Delaware Dept

of Labor refuse to accept my unemployment claims until

I am offically unemployed

 

BS . The must allow you to file for benefits.  How you answer certain questions when you file may  well disqualify you for unemployment.

 

https://uics.delawareworks.com/Forms/Form_WL1

 

You may start your claim at the above link.

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43 minutes ago, cbg said:

That's not something a message board can provide. Certainly we don't know what the lawyers are seeing that you do not. I can't say that I thought you had a particularly strong case for anything in your initial thread but we can't make a lawyer talk to you and reputable lawyers do not troll message boards looking for clients. You can try calling your state Bar Association, your local Legal Aide or any law schools in your area for additional referrals.

 

Thats fair, and it wasnt my intention with this post to find answers 

to my main problem. Thats out of my hands either way. Im 

frustrated because it seems like theres a reason for this pattern and

im not privy to that reason... i cant shake the feeling im the brunt of

some big legal joke and i am only looking for a method of weeding

It out...

 

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1 hour ago, cbg said:

"You may be denied benefits" is not the same as "You are prohibited from filing a claim".

 

I never said i couldnt/didnt file, i said the unemployment office is

refusing to process my claim until i am terminated. Once i am terminated

the claim will be processed, but there is no legal limit to how long an

employer can keep an employee on unpaid leave. Officially my paper-

work says my leave ended on 7/5 then was extended to 7/30, but as of

Friday im still employed so they still will not process my claim.

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I have no idea what you are saying to DE UI that is stopping them from processing the claim but you are incorrect.  People on temporary layoff, especially those of indefinite length, file and receive unemployment every day. 

 

9 hours ago, Auron said:

Officially my paper-

work says my leave ended on 7/5 then was extended to 7/30, but as of

Friday im still employed so they still will not process my claim.

 

Did you go back to work on 7/31. If not that paper means nothing.

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If the UE office is refusing to process your claim then there is some factor that we are not aware of because it is absolutely untrue that you cannot receive unemployment until you separate from your employer. I don't care what state you are in; people on seasonal leave or unpaid administrative leave get UE benefits every day.

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