I had a dispute several years ago with a staffing firm that contested my unemployment after my assignment ended through them. They failed to find me another assignment, but they contested my unemployment based on a technicality in my work agreement. However, the Employment Security Commission of North Carolina (NCESC) ruled against me and upheld the decision through two appeals. I also lost in Superior Court. I guess the judge didn't want to overturn the state government, even though the NCESC had no case for precedent in North Carolina and their attorney referred to a dissimilar case from Nevada. During this process, I came to the conclusion that the NCESC is biased. They support the companies in North Carolina above the employees that are constituents of North Carolina.
When I first contested the staffing company's claim of my ineligibility for unemployment insurance, I had a telephone hearing that lasted 45 minutes. Prior to the hearing, I received a letter from an attorney that wanted $400 to represent me. I didn't have that kind of money available and thought I had a good case. The letter from the NCESC about the hearing stated I could have an attorney present during the hearing, but it wasn't necessary. I tried to see what the attorney that sent me the letter thought, but she wasn't helpful. She was actually somewhat demeaning. I went into the hearing without any advice and no representation.
Here is what I learned to pass on to others. The hearing is very important because all appeals are based only on the hearing. All arguements and materials must be presented during the hearing. Be prepared.
Later after this farse, I got a legal plan from Prepaid Legal Services to protect my family. I also became an independent associate so I could help others get affordable legal services for their needs. I thought about how that attorney sent me a letter about my hearing, so my hearing must be public record. I contacted the NCESC and learned that I could get notices of upcoming hearings, but it would cost me $300 for 20 days of service. I suppose this service is printing the notices and faxing them. I contemplated using this service to contact these people with upcoming hearings to simply tell them to seek some kind of advice. However, I learned that I couldn't contact these people because I am not an attorney. It would be against the law.
Speaking of the law and employment, the state is further biased towards companies as an "at will" state with skewed legislation. Employers can fire employees within 90 days without reason. The employees are not due any severance. There is an artilcle at FindLaw about this.
What is the North Carolina's state government considering their best interest, the employers and lawyers in North Carolina, or the working constituents of North Carolina?
Sunday, August 24, 2008
Monday, July 28, 2008
My Daily Bread
My Sunday school class has been watching the movie "Flywheel" over the past few Sundays, and it reminds me of how fortunate I have been over the past several years with all the ups and downs my family has gone through. I am still amazed that we made it through a whole year while I was unemployed without any significant hardships. It was during this period that I grew stronger in my faith and realized I am a steward of what I have. I realized God's will is what matters, and whatever happens will have some kind of purpose. I stopped worrying about the future and put my faith in God to provide daily.
I have read some reviews from people about the movie on imdb.com that don't understand the concept of turning control over to God. Someone remarked "If I turned my business over to the lord, I'd be bankrupt in a week." This person neglects the fact of stewardship. Another person remarked "Most people are not going to be facing foreclosure and act so calm." Well, my home is in foreclosure status after another period of unemployment. After acquiring another job, we found somewhere affordable to rent closer to my new job. With foreclosure hanging over heads, we pushed forward and put the house on the market with the intention of a short payoff agreement with the mortgage company. We had an offer within days of having the house listed. Now we just need approval from the mortgage company. I'm so appreciative of my legal plan membership from Prepaid Legal Services. My providing law firm told me about the short payoff in the first place, which the mortgage company certainly didn't volunteer. My providing law firm has also helped me expedite the mortgage company's approval process. God provides the resources, so I can be calm.
However, I can be concerned. My son was born after 26 weeks. He weighed 1 pound 14 ounces at birth. He had a tough time with infection, and had an ileostomy after NEC was discovered. He had an ostomy bag when we took him home from the hospital, after 4 months in the NICU at Duke Hospital. I prayed and put him in God's hands. I am so happy to hold and play with him 2 years later.
I don't stress over what I cannot control. I plan accordingly to achieve goals and mitigate risks. However, plans change and I defer to a grander plan. It has all worked worked out, and I look forward to tomorrow.
I have read some reviews from people about the movie on imdb.com that don't understand the concept of turning control over to God. Someone remarked "If I turned my business over to the lord, I'd be bankrupt in a week." This person neglects the fact of stewardship. Another person remarked "Most people are not going to be facing foreclosure and act so calm." Well, my home is in foreclosure status after another period of unemployment. After acquiring another job, we found somewhere affordable to rent closer to my new job. With foreclosure hanging over heads, we pushed forward and put the house on the market with the intention of a short payoff agreement with the mortgage company. We had an offer within days of having the house listed. Now we just need approval from the mortgage company. I'm so appreciative of my legal plan membership from Prepaid Legal Services. My providing law firm told me about the short payoff in the first place, which the mortgage company certainly didn't volunteer. My providing law firm has also helped me expedite the mortgage company's approval process. God provides the resources, so I can be calm.
However, I can be concerned. My son was born after 26 weeks. He weighed 1 pound 14 ounces at birth. He had a tough time with infection, and had an ileostomy after NEC was discovered. He had an ostomy bag when we took him home from the hospital, after 4 months in the NICU at Duke Hospital. I prayed and put him in God's hands. I am so happy to hold and play with him 2 years later.
I don't stress over what I cannot control. I plan accordingly to achieve goals and mitigate risks. However, plans change and I defer to a grander plan. It has all worked worked out, and I look forward to tomorrow.
Monday, February 4, 2008
Protecting My Rights
I don't understand why people I speak with about a legal plan do not see the use or benefit. I've been told that I don't need those services. I can't believe everyone lives a charmed life or would rather pay for the hassle as it comes. It's not just about the trouble we cause, but what others do to us. We don't get comprehensive car insurance because we are reckless drivers. Many wealthy people have attorneys on retainer not because of the trouble they may get into, but because they want the ability to effectively react to situations and capitalize on opportunities. That is probably how they became wealthy. I can't afford an attorney on retainer, but I have a law firm I can call upon. Here is how I have benefited from my legal plan.
I consulted my providing law firm concerning the decision to create a LLC or corporation for my business. Based on the advice, I formed a LLC because I can easily transition to a corporation if needed. I eliminated the analysis paralysis that stifles success and made something happen.
I consulted my providing law firm concerning my mortgage after I received a letter from my mortgage company concerning their move to foreclose. The attorney advised be to see if the mortgage company would consider a "short sale" or "deed in lieu of foreclosure." After I brought up the conversation with my attorney, the mortgage company disclosed that I could apply for a "short sale." This information was never conveyed by the mortgage company before I brought it or the attorney up.
I consulted my providing law firm concerning 3 fees charged by my bank for 3 simultaneous scheduled transactions that overdrafted my account, but I had funds in my overdraft protection account to cover one of the transactions. The customer service representative at bank basically gave me no explanation except for that is the way their banking system works. The providing law firm sent a letter and the bank refunded the fee.
I consulted my providing law firm concerning bad treatment I received from a collection agent at my auto loan provider to see if the agent violated any law. The firm conducted research and determined that no violation had occurred, but he would have violated the Fair Debt Collection Practices Act if he represented a third party collection agency. I used this information to file a complaint with the Better Business Bureau. The company apologetically responded and deferred payments for two months.
I consulted my providing law firm concerning an idea to raffle my house, an idea I got from family and the web. I learned that I cannot do this in North Carolina. This saved me time spent pondering the idea and possibly getting in trouble.
I consulted my providing law firm concerning bad information I received from my bank that caused me to miss a credit card payment. I reported an erroneous charge, possibly fraudulent, to my account and was told that I had to submit a form to receive credit back to my account because the charge was made by ACH instead of debit. I was told the form would be mailed to me, should receive it in 7 to 10 days, and return the signed form for credit back. I called the bank after 10 days and told them I hadn't received the form. I learned that I could have downloaded the form online or gone into a branch. During this time, I missed a credit card payment which resulted in fees. The bank would not help me with the fees despite their bad guidance. The law firm sent a letter. I then received a phone call from an executive assistant of the bank's president. He contacted the credit card company, explained the bank's error, and got my account credited for the fees.
I should add the confidence a legal membership adds. It adds incentive to protect my rights. Based on my previous experience using the Better Business Bureau, I filed a complaint against a credit card company because they would not work with me personally on reducing the balance on my closed account that has a high balance and interest rate. Instead, they kept referring me to a nonprofit organization. I filed a complaint with the Better Business Bureau and later received a call from the company about a program I qualify for that will eliminate interest for 60 months and reduce my monthly payment to a constant payment about $45 less than I normally pay.
With my legal plan membership, I've saved my home and about $1400 this past year. I don't consider myself a high roller or risk taker, but I still have rights to protect.
I consulted my providing law firm concerning the decision to create a LLC or corporation for my business. Based on the advice, I formed a LLC because I can easily transition to a corporation if needed. I eliminated the analysis paralysis that stifles success and made something happen.
I consulted my providing law firm concerning my mortgage after I received a letter from my mortgage company concerning their move to foreclose. The attorney advised be to see if the mortgage company would consider a "short sale" or "deed in lieu of foreclosure." After I brought up the conversation with my attorney, the mortgage company disclosed that I could apply for a "short sale." This information was never conveyed by the mortgage company before I brought it or the attorney up.
I consulted my providing law firm concerning 3 fees charged by my bank for 3 simultaneous scheduled transactions that overdrafted my account, but I had funds in my overdraft protection account to cover one of the transactions. The customer service representative at bank basically gave me no explanation except for that is the way their banking system works. The providing law firm sent a letter and the bank refunded the fee.
I consulted my providing law firm concerning bad treatment I received from a collection agent at my auto loan provider to see if the agent violated any law. The firm conducted research and determined that no violation had occurred, but he would have violated the Fair Debt Collection Practices Act if he represented a third party collection agency. I used this information to file a complaint with the Better Business Bureau. The company apologetically responded and deferred payments for two months.
I consulted my providing law firm concerning an idea to raffle my house, an idea I got from family and the web. I learned that I cannot do this in North Carolina. This saved me time spent pondering the idea and possibly getting in trouble.
I consulted my providing law firm concerning bad information I received from my bank that caused me to miss a credit card payment. I reported an erroneous charge, possibly fraudulent, to my account and was told that I had to submit a form to receive credit back to my account because the charge was made by ACH instead of debit. I was told the form would be mailed to me, should receive it in 7 to 10 days, and return the signed form for credit back. I called the bank after 10 days and told them I hadn't received the form. I learned that I could have downloaded the form online or gone into a branch. During this time, I missed a credit card payment which resulted in fees. The bank would not help me with the fees despite their bad guidance. The law firm sent a letter. I then received a phone call from an executive assistant of the bank's president. He contacted the credit card company, explained the bank's error, and got my account credited for the fees.
I should add the confidence a legal membership adds. It adds incentive to protect my rights. Based on my previous experience using the Better Business Bureau, I filed a complaint against a credit card company because they would not work with me personally on reducing the balance on my closed account that has a high balance and interest rate. Instead, they kept referring me to a nonprofit organization. I filed a complaint with the Better Business Bureau and later received a call from the company about a program I qualify for that will eliminate interest for 60 months and reduce my monthly payment to a constant payment about $45 less than I normally pay.
With my legal plan membership, I've saved my home and about $1400 this past year. I don't consider myself a high roller or risk taker, but I still have rights to protect.
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