Complaint Review: A D Limousine / Gail Segal Enterprizes

In late March 2002, I was laid off from the position of projects manager from a hi- end kitchen cabinetry manufacturer. This was due to a restructuring after the September 11 th tragedy.

I was disallowed unemployment benefits at first due to a 5 quarter earning period which the state said fell $156.00 short of income needed and had to wait an additional 3 months to refile.

From April 10 th 2002 to July 18, 2002 I took on a part time job as a driver for A & D Limousines

My unemployment benefits were just about to start at the very end of the limousine busy season. This was fine as it allowed me to seek full time employment and I was only making $225 to $175.00 a week. A sum which was allowable anyway by the state.

The owner of the service, Gail Segal, took me into her office and told me she did not want to be responsible for having to pay any part of my unemployment. She then told me that I would either have to quit or be terminated.

I then asked Gail about paying my cell phone bills. Just the last months bills even though I had 2 other months that should have been paid to me. She took a legitimate $85.00 invoice and cut it down to $16.00. We had one other disagreement about a non paid job but, this was the first time we had ever had a bad word. It was quick and I left the office. We never had a bad word and even thought of her as becoming a friend.

I wrote her an e-mail asking her to act fairly or it may go to court. In that e-mail, it clearly shows the 2 conversations, (the quit or be terminated and the cell phone bill), happened on the same day.

Please keep in mind that I had no idea what was to come.

The day after I sent another e-mail saying she should disregard the threat of court and that I was sorry it ended this way.

Within one month I get a letter stating that Gail was filing an appeal against a claim she probably would not have been responsible to pay at all.

At the hearing the first question asked by the referee and directed at me alone was, "Jay, you both have different stories, are you calling Ms. Segal a liar?" I am not sure if the tape recorder for the hearing was on at the time. I felt that a very improper question from a supposedly impartial referee.

Gail claimed I made $300.00 to $ 700.00 a week but had no records there to prove it. I have never made $700.00. There was a comment from Gail that I worked 5 to 6 days a week approximately 9 hours a day.

I explained to the referee this statement was misleading and that I may have just 2 runs. One being at the beginning of the day and the second 6 to 7 hours later.

Gail also claimed I gave 2 weeks notice and that the above issues were a week or to apart with me giving her notice. Also that she always has work daily and would never lay anyone off. She said I was a good worker
And that the above conversation never took place.

I countered this the fact that we were so slow that Gail hired me to do work at her house which took four days.

When my turn came I asked to read the dated e-mails which could be checked to prove the incidents that I claimed did in fact happen on the same day.

I was dissallowed to read them and told to summarize. I started to and was stopped by the referee who gave her own version of what I may have meant by the half given content. I paused and then agreed it could have but never got to finish.

NOTE: I do have A.D.H.D and need to write things down. If I was allowed to read the entire email it would have shown the truth. This was the second time I was stepped on by a "so called" impartial referee.

However, the dates I gave were clear and I did not stumble over my answers as did Gail. Her step daughter was there but only affirmed I mentioned possibly starting up a business. I thank her for not lying.

She also claimed I was a full time employee. I countered this with the fact that full time employees get partial benefits. I did not get these. This also is evidence of the truth, that I was strictly part time.

I left the hearing feeling a bit awkward but confident I would win. I was in the parking lot putting paperwork back and shortly noticed as I was leaving that Gail was still in with the referee. This I understand is not legal.

Of course, I lost the case and in the determination everything that Gail said was taken as fact. I was the only one with evidence of any kind.

I appealed to Harrisburgh adding the dollars and cents issue by way of pay stubs to back my case. I offered to take a polygraph knowing they are not 100 % accurate and still willing to take the consequences if I was found to lie.

Guess what? Harrisburgh did the same thing that the referee did and claimed all Gails' statements as fact. I did not believe anyone even took the time to read my appeal.

Lastly, I just received my W-2 which proves her statement misleading about the income. Remember, unless you are full time with a heavy schedule this is at best a seasonal job.

I am still willing to take a polygraph test. I did not lie. I did not quit.

Thank you for any help you can give me . I think all parties should be investigated.

This should be under two categories.

1. Corrupt companies
2. Corrupt government employees.

Jay
Bensalem, Pennsylvania
U.S.A.