Share: 

Division of Employment on employer’s side

February 18, 2020

In this age of partisan dysfunction, I am writing this letter to give evidence of true government dysfunction.

I have been a chef for 40 years. Grateful for the good health I still enjoy, I was employed this summer as a chef for a local business. Shortly after Labor Day, I was involved in an altercation with my immediate supervisor.

After trying to call the head chef to mediate, and unable to reach him, I returned to the kitchen where I was confronted in a most hostile manner by the chef of the day. Going toe to toe with someone who outweighs me by 100 pounds and is 25 years younger is not my idea of a solution.

I left with the intent to detail the event to the chef, which I did. To make a long story short, I received an email that said that I was done, which I took to mean I was fired.

I applied for unemployment benefits. My employer appealed my request and a hearing date was set. I was unable to generate witnesses to testify on my behalf with all employees feeling that it would jeopardize their standing at the job. 

I built a case on what I had, and from testimony of a phone witness to verify my character. The hearing was over on a Tuesday afternoon at about 12:30 p.m. 

On Thursday, in my mailbox was a mailing from the Department of Labor. It was the referee’s decision. I looked at the postmark and it was 2 p.m. on the day of my hearing. I opened the envelope and read the decision that made only two references to the 10 pieces of evidence I had submitted, and my request for benefits was denied.

But this decision was rendered, written and mailed in an hour-and-a-half after the hearing ended. So the next day I went out to the Division of Unemployment in Georgetown to better understand my appeal rights.

I filled out the necessary paperwork. I requested a time stamp receipt for my appeal, which I was provided.

After 30 days of not receiving an appeal date, I called the number on my receipt. The woman on the other end of the phone said she had no record of an appeal being filed by me in a timely manner. Off to Georgetown I went, with my receipt in hand, as I had promised to fax the copy of the appeal with the time stamp to the appeal office.

Upon completing this process, the woman from the appeals board thanked me and said she didn’t understand how this could happen…and apologized for the confusion.

My appeal date was set for Dec. 4. Again, my witnesses had declined to testify for fear of their jobs…but I had the referee’s decision and copies of the evidence I had brought to bear at the first hearing which were not referenced in the referee’s decision. 

I also brought the envelope with the postmark of the decision to demonstrate my feeling that the decision was preordained. At the conclusion of the hearing, my former employer and myself were informed that the decision would be rendered in about 30 calendar days.

Three weeks ago I again went to Georgetown to see why I had not received a decision, and was told that there had not yet been a decision rendered. So I waited.

Another trip to Georgetown a week later was made to find out if anything had happened; perhaps a decision not mailed or something to that effect. The woman at the desk gave me a number for the appeals board.

I called 10 times over the course of the next two weeks. Each time a recording asking me to leave my name and number and someone would get back to me. Ten times without a response.

Feb. 10 I drove to Dover to go to the appeals board to get a direct answer.

No record of a decision…70 days after the hearing could be found. I spent an hour in the Dover office.
I was told the person in charge of the decision was “very busy.” How unusual.

I was told that someone from the Attorney General’s Office would reach out to me. I left my phone and my email.So here are my conclusions.

I am a diligent employee who worked for a big Rehoboth business.

Because of the original appeal process, and the ability of employers to put pressure on employees not to bear witness, I was deprived of creditable testimony.

The  original decision was rendered and mailed in less time than it took for me to drive back to my home, do some grocery shopping and put a key in my front door. My right of appeal would have been denied by process had I not taken the time to inquire as to what my status was; and had I not had the wherewithal to retain a copy of my appeal.

At my hearing, my employer admitted to the fact that there had been many complaints about intimidation regarding the person whom I felt intimidated me, which made me confident that I would win my case.

After two trips to Georgetown, 10 phone calls to the appeal and having waited 70 days for a decision, I drove to Dover to find out that a decision had not been made. How is all this fair?  One decision predetermined and rendered to defend the employer, and a second decision that would be forever in limbo if I had not pursued an outcome.

I write this as serving notice that the government in the Division of Unemployment works for the employer and not the employee. Sad.

David Krasnoff
Milton

 

  • A letter to the editor expresses a reader's opinion and, as such, is not reflective of the editorial opinions of this newspaper.

    To submit a letter to the editor for publishing, send an email to newsroom@capegazette.com. Letters must be signed and include a telephone number and address for verification. Please keep letters to 500 words or fewer. We reserve the right to edit for content and length. Letters should be responsive to issues addressed in the Cape Gazette rather than content from other publications or media. Only one letter per author will be published every 30 days. Letters restating information and opinions already offered by the same author will not be used. Letters must focus on issues of general, local concern, not personalities or specific businesses.

Subscribe to the CapeGazette.com Daily Newsletter