Third and final chapter of the "expert witness" trilogy: The Verdict

[youtalkfunny]

This is the third and final thread.

Here is the first thread (http://forumserver.twoplustwo.com/showflat.php?Cat=&Number=2060054&page=&view=&sb=5& o=&fpart=all&vc=1)

Here is the second thread. (http://forumserver.twoplustwo.com/showflat.php?Cat=&Board=cardroom&Number=2267542&pa ge=0&view=collapsed&sb=5&o=21&fpart=all)

Got the referee's decision in the mail.

Remember, a claims examiner originally ruled against me (after getting the casino's side of the story, and making no effort to contact me), and I appealed. The appeal hearing was Thursday, and this is the decision of the referee in that hearing.

OPINION:

It is the opinion of the referee the employer has not provided clear, substantial, or convincing evidence to show the claimant's actions were a willful, wanton, or intentional disregard for the employer's interest. It is also the opinion of the referee the claimant's failure to collect $3 for the casino did not rise to the level of misconduct as that term is used in the Law. Claimant's actions do not constitute misconduct connected with the work as that term is defined. The decision of the examiner is not in order.

DECISION:

Reversed. If otherwise eligible, the claimant is entitled to receipt of benefits.

***

I think I'm going to buy a Mr Microphone, and go around to the Tunica poker rooms, announcing my vindication.

[Randy_Refeld]

congrats; it is always good to read good news.

[CountDuckula]

Bravo! Glad to hear they finally made the right decision!

-Mike

[asb165]

Congratulations. The law is actually slanted in favor of the discharged employee in these situations. Most jurisdictions want to extend the benefit of every doubt to make sure that any eligible employee receives unemployment benefits. The standard that employers have to demonstrate, that of "willful misconduct", is a tough hurdle to clear. There are cases where teachers have brought guns to school, been caught with them and terminated, and were deemed eligible to receive unemployment benefits because an unemployment referee did not deem the conduct "willful misconduct", because the teacher had not been specifically appraised of the rule against guns in school. Go figure. Anyways, I represent management, but when they're not paying me I root for the good guy, whatever side that is, so enjoy your checks.

[MisterKing]

Congrats man! As someone said above, reading good news is always nice.

That said, wouldn't the Mr. Microphone thing be a tad counter-productive? I mean, you want to go and deal somewhere else, right?

[MicroBob]

Great news!! Congrats.


The referee's ruling was almost comical to read:
"failure to collect $3" etc etc.

You really were caught in a ridiculous situation but are obviously better off not there anymore.

Don't know about the employment opportunities at the 4 other rooms in the area but you shouldn't have a tough time getting on at either of the 2 smaller one's. And certainly should have a chance for employment at one of the 2 bigger one's.


I still might get drunk one night and swing by your former room and talk about "don't forget to take the $3 rake. We don't want to upset management now do we?" or something like that. Only if the dealer seems reasonably cool and would appreciate the joke though.


It should be noted that I tend to talk a pretty big game but when it comes time to actually do something like this I typically wimp-out. So don't worry too much if this is something you really don't want me to do (or just send me a PM telling me not to be such an immature boob).


Anyway - back to the original point. Congrats again. Really happy to hear that the referee in your case and more brains than your former employers.

[Yobz]

Gratz, read your other posts and I'm happy you get to get unemployment, you deserve it /images/graemlins/smile.gif

[WWJFergusonD?]

Congratulations! Glad to hear it worked out in your favor! MicroBob is right: It is funny to read "failure to collect $3...." Imo, that was a nice, big slam targeted directly at the casino to make them look even more idiotic (particularly since the ref did a doubletake when initially asking, "How much money are we talking about here?").

Enjoy the unemployment benefits, and good luck getting another job whereever you feel most comfortable!

[jskills]

Good for you. I remember reading your original post and thinking how ridiculous the whole thing was.

It reminds me once of when I worked at McDonald's when I was 17. We were allowed a "meal ticket" each day of $2.50. I had the same thing every day during my break, a double cheeseburger with extra cheese. The exrta cheese added an additional 10 cents to the price, but I still kept it under $2.50 (yes, these were prices from 20 years ago).

One day, I was "punched out" during my break - which means my time card was stuck in the clock by the manager, thus ending my paid shift. When I asked why, I was told that I didn't mark down that my cheeseburger had extra cheese on it and it counted as "stealing". When I mentioned that the extra 10 cents would still be under the $2.50 allowed each day, I was told it didn't matter and there were written regulations, blah blah blah. I was suspended for a week.

Of course, being a brash young upstart, I quit on the spot.

In reflecting on it later, only one thing was clear - they wanted me to leave. Although I was one of the best employees they had at the time, I didn't really show the military obedience and respect for the (adult) people who chose to make a career at McDonald's management. It was kind of hard to take them too seriously I guess.

Bottom line is sometimes, they'll look for a way to f--k you, if they've got something against you ...

[RunDownHouse]

Congrats, great news for you. It was interesting to read the whole experience, as well. Make sure you post where you deal next; I'm in Nashville and swing by Tunica whenever I can.

[King Elliot]

i havent posted in response to this yet but i've been keeping up with it..good job...now do you get your job back there or what?

FREE AT LAST FREE AT LAST GOD ALMIGHTY YOU'RE FREE AT LAST

[stabn]

Congrats dude, that's great news.

[TiK]

CONGRATS!!! Btw. I think you did well for a non-attorney in your hearing.

[Lurshy]

Most excellent, maybe there is a wrongful termination lawsuit in your future...Consult a labor attorney

[shant]

Rad, free money! Nicely done.

[wayabvpar]

Congrats, and thanks for the well-written series. Very entertaining to read.

[nate1729]

Thanks for sharing this tough incident with the rest of us; it's been good reading. Glad to hear the decision.