Proving Wilful Underemployment

[jende]

I am a college educated person with 11 years experience in an industry where the most I ever made was 25,000. I quit that job to relocate to get married and my career was never the same after that. I had a few part time jobs that never amounted to much of anything - example-Census and a part time receptionist job.

I left my ex, moved back to the city I came from and my ex is now claiming wilful underemployment. And that somehow I should be making 40 grand a year. I have had 2 part time jobs (each for about 4 months) in the last 16 months - both went nowhere and am unemployed with a lot of emailing of resumes to prove it and a few return emails.

I'm also 46 years old and have been out of any kind of good work experience for 12 years.

What do I have to do to prove I am trying? I have emailed a few people who gave me an interview for jobs I did not get, plus I have emails from the jobs of the 2 people who had hired me and then let me go (One was do to a formatting change and the other because the work ran out - I was painting.)

Yes, I am college educated and that is why they're claiming I'm underemployed.

Anyone have any insight? Any prior experiences? What can I do?

[Mess]

The onus is on them to prove their claim. That doesn't mean you don't respond, but they have to back it up.

On your part, do a search online at sites like Monster.ca and look for jobs that require credentials and experience similar to yours. Print out a selection and use these to show what kind of jobs you might be able to apply for.

You can't prove a negative. If the jobs aren't there, you can't "prove" that they aren't there. This is why the onus is on your ex to prove that there are jobs you are qualified for. However you have to make this point in writing in your answer, that you have searched (name the employment sites) and contacted (name several recruiting firms) and have turned up no job offers.

I would suggest going to a local community college, they have academic and career counselling, and using the resources there to help you show what work might be available for you.

[jende]

Thank you Mess. That was very good advice.

I have a pretty specialized job catagory that I am skilled in. In a city of 300,000, there are probably only 4 people who do that job.

I just checked the premier website for all of Canada that specializes in my general field and since May 2, there were only 3 openings in all of Ontario for the type of job I have experience in. The closest is 3 hours away from where I live.

Would this site itself be proof that the pickin's are very slim?

I also emailed those 3 contact people to find out how many applicants they get when they post on this site, what the pay is like (generally low) and if they consider this site the premier site to find people to hire.

Do you think this is good stuff to give to my lawyer? I mean, when I get the answers. (I hope they answer.)

[jende]

"However you have to make this point in writing in your answer, that you have searched (name the employment sites) and contacted (name several recruiting firms) and have turned up no job offers. "

I have done this already for them - I am applying for positions that I'm overqualified for as well as the very few I may be qualified for.

[Mess]

Those are good responses. Remember, you don't have to jump through hoops and report to your ex and his lawyer. He is not your manager. These are to back up your case if and when you respond in court, or file an answer with the courts.

You cannnot live your life answering to your ex that way, and if you are getting continuous complains you should save and document them and make this point in your court response.

[jende]

"These are to back up your case if and when you respond in court, or file an answer with the courts."

I am not sure I understand this whole thing about court. Why not just throw all of this stuff at them so they will know they will lose in court?

And he is making me jump through hoops like crazy - asking me to account for this and that, but when we ask for the same type of info - bank accounts - he is out and out refusing to answer. They are trying to accuse me of working under the table, yet I've spent all of the money i had and am taking out RRSP money! They can see that on the bank statement! It's utterly ridiculous!

Thank you again for your response.

[Pursuinghappiness]

Thanks for posting this thread. I think my stbx is gearing up to make the same accusation during questioning next month since I'm making significantly less money over the last 2 years than I did in my previous employment. The reasons for that are numerous. 1) We enjoyed free child care so we could both work a lot of hours (and drive a lot) in the USA before my mother became too sick to be able to run around after our daughters..so I work less hours, closer to home so that I be there after school. 2) The US dollar exchange was high which showed a 30-35% increase in my salary as compared to me now working in Canada and 3) There were just a lot more positions in my field...I work in automotive and its a different industry these days. I still work as much as I can to support my kids...I never left the entire financial burden to my ex during our marriage..I always shared it while still having the primary responsibility for the house and the kids.

I was always the parent who used vacation days when the kids were sick, worked around school schedules, doctor's visits, field trips, etc. Managed birthdays, holidays. I was also the one that did the large majority of drop offs and pick ups. He would never...NEVER...take any time off to manage the kids. When my mom got cancer and was in chemo, I cannot tell you how many times i would scramble for child care on my cell because I was running out of work late after a meeting and got stuck at the border. Its a little aggravating that all of that is overlooked.

Anyway, I'm preparing for this line of questioning coming up and this thread is really helpful to me so thank you for starting it. I'll use the suggestions here to prepare.

[jende]

I just got a very interesting response from someone who had interviewed me for a job. I had asked for some feedback. She told me that there were 1100 applicants for the job and she conducted 200 interviews. This was for a position at a storage facility for 12 dollars an hour!! That should help them with their reality check!

[mummer1962]

IF you are in Ontario, register at one of the local Employment Ontario service providers and get yourself a free employment counsellor. They will assist you in job search as well as record your efforts. The job market is extremely difficult right now in certain areas. Also go to Ontario job futures.ca..they give projections for certain careers and yours may be one that is declining or difficult to find work. Good luck.