Complaint Review: FLOYD BLINSKY TRUCKING - YAKIMA Washington

The following is an appeal to The Unemployment Dept after being denied benefits. I won the appeal, Thanks in part to my Sister-in-law, Terri and her silver-tongue.

EMPLOYMENT SECURITY DEPT

TELECENTER APPEALS

FAX: (800) 301-1795

P.O. BOX 19018

OLYMPIA WA 98507-0018

Re: Determination Notice 08/03/2007 Claimants SSN:

According to my rights as described in the determination letter dated 8/3/07, I am hereby requesting an appeal for good cause to the rebuttal and decision outlined in the letter.

REASONS FOR APPEAL:

FACTS (Page 2 of the determination letter)

FACT # 1:

My discharge from FLOYD BLINSKY TRUCKING was not on 7/3/07, as reported. Following my wifes surgery, on DATE, I called the company to report that I was available to return to work from my requested Family Medical Leave of Absence (FMLA.) During that call, FLOYD BLINSKY told me I was fired. July 3, 2007 was my last day of (paid) work for the company, I was told that night by FLOYD BLINSKY, that if I bobtailed the company truck home it would be on my dime. I followed the (BLINSKYS) dispatchers instructions to drop the trailer in Corning, where I was waiting for another driver to take the trailer to Washington. I was in constant contact with the dispatcher and FLOYD BLINKSY during this time. I agreed to absorb the cost of driving the company truck back in order to be home to support my wife during her surgery.

FACT # 2

I was unaware that I was being charged for stealing the company truck and abandoning company equipment as reported in this statement. I have been in possession of the truck since I began driving for FLOYD BLINSKY. I had always been allowed to maintain possession of the truck during trips home for time off. I parked the truck in the same place every time I was home, and FLOYD BLINSKY TRUCKING never had an issue with it in the past it was their policy to keep their trucks in the possession of the (driver) employee. (DID YOU GIVE THEM THE TRUCKS LOCATION?)

FACT # 3

FLOYD BLINSKY did not tell me that I could not drive the truck home. He told me I would have to absorb the costs of the trip, which I agreed to do. I did not obstruct the satellite tracking system in the truck. That charge is outrageous. I had no motive to disable the system in any way, since I was not aware that I was doing anything out of the normal operations of the truck when making my way back home and parking in my usual spot. The tracking system was not manipulated in any way, if it was not working at the time and place where I parked it, I was totally unaware. The authorities located the truck exactly where I told the company it was parked.

FACT # 4

FLOYD BLINSKY did not offer to fly or pay for a bus home. He did suggested taking a bus at my cost, (never a flight) but made no offer to pay. I had no money to ride a bus, nor did I have any way to package my personal effects for a trip home on a bus. We made a verbal agreement that I would drive the truck, as usual, funding the costs of the trip by payroll deduction.

REASONING rebuttal:

The information you based the decision on is flawed and one-sided. I feel betrayed by FLOYD BLINSKY TRUCKING and the statements he presented to you as facts. There was no misconduct on my part, or willful disregard of the employers best interest.

Just prior to this incident, FLOYD BLINSKY told me I was one of the best drivers he had on his team. In fact, I requested a FMLA on 06/15/07 for my wifes emergency surgery and was doing FLOYD BLINSKY TRUCKING a favor by accepting that last trip to Corning. I was at home, with the truck, and had already started my requested leave when the dispatcher pleaded with me to make the trip to Corning, CA.

I feel that FLOYD BLINSKY TRUCKING deliberately deceived me when they stated they would have a driver pick up the load in Corning, CA. I now believe it was always his intent to force me to complete the trip, which would have led me to not be at home to support my critically ill wife.

FLOYD BLINSKY TRUCKING shows misconduct by not allowing me my rights as an employee requesting leave for a seriously ill wife, as protected by law, by the THE FAMILY AND MEDICAL LEAVE ACT OF 1993 and should be held accountable.

FLOYD BLINSKY TRUCKING is deliberately falsifying the facts to prevent me from receiving unemployment benefits that are due to me.

Based on my explanations of this incident, I claim my right to appeal the decision detailed in the letter of 8/3/07.

As I said, I WON.

Now, the USIS ( DAC), Has a simular accusation from Floyd Blinsky and there is no procudure in place to stop this fradulent and slanderous BS,unless he fails to reply within 30 days, and it will remain for 7 YEARS !

Stilljoemama

seal beach, California

U.S.A.