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Unemployment Benefits contested

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Unemployment Benefits contested

Post by Chadd on Tue Feb 19, 2013 10:15 pm

HI all,Im new to the forum and have a Question for you,thanks for all responses

I was working in flooring sales in IA.One day the manager called me to talk and said they where letting me go because of what i said in a meeting the day before.He said we can do this anyway you whant, that you where fired or you quite.I didnt reaply to that and politely got my stuff and left.

Now they are contesting my unemployment is there anything i should know?

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Re: Unemployment Benefits contested

Post by jmainframe on Wed Feb 20, 2013 5:15 am

Sorry to hear this Chadd. If I may ask, what did you say in the meeting. Were you just stating your opinion about the retarted way that their organization was being run?

Just stick to your guns. Your former company will probably try to deny you on the grounds of misconduct. State your side of the story to your unemployment rep. Unemployment tends to side with the former employee, because they know how badly employees are being treated and how unappreciated and overworked they are these days.

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Re: Unemployment Benefits contested

Post by USA Citizen on Wed Feb 20, 2013 6:37 am

I think it is always to be fired than to quit because you can contest a firing and bring up your position, but if you quit you quit and it is much more difficult to prove that there was any problem on the job.

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Re: Unemployment Benefits contested

Post by USA Citizen on Wed Feb 20, 2013 6:38 am

I think it is always best to be fired than to quit because you can contest a firing and bring up your position, but if you quit you quit and it is much more difficult to prove that there was any problem on the job.


Last edited by USA Citizen on Wed Feb 20, 2013 3:59 pm; edited 1 time in total

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Re: Unemployment Benefits contested

Post by DesperateInRI on Wed Feb 20, 2013 2:59 pm

Unless it is gross misconduct, it is better to be fired. In my years working in Human Resources, I have been to many unemployment appeal hearings on behalf of the employer. The only time an employee has been denied is for gross misconduct, i.e. proven sexual harassment, theft, etc., or if the
employee did not show up for the hearing.

_________________


“Everyone's moving on without me, into a world I don't understand.”

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Re: Unemployment Benefits contested

Post by TR11005 on Thu Feb 21, 2013 5:24 pm

Unless you signed something you quit. It is their word against yours. They have to prove you quit.

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Re: Unemployment Benefits contested

Post by nfpexec on Sun Feb 24, 2013 8:59 pm

If you have any emails or documents to prove your point that helps. Years ago I was fired because I was sick but when I applied for UI they said that i quit. I had emails which I presented at the hearing and I won. Right now I'm frustrated trying to get my benefits. I filed in mid January, they said my employer didnt enter my wages which is ridiculous since i rec'd my w2 form and filed taxes. Now they want my pay stubs from June, Sept and Dec. which I already sent Sept & Dec. and still my claim in pending. I wrote them, emailed because when I called I got a recording that said to call back another time and then it hung up. This is what pushes people over the edge.

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Re: Unemployment Benefits contested

Post by elvis44102 on Sun Feb 24, 2013 9:43 pm

nfpexec wrote:If you have any emails or documents to prove your point that helps. Years ago I was fired because I was sick but when I applied for UI they said that i quit. I had emails which I presented at the hearing and I won. Right now I'm frustrated trying to get my benefits. I filed in mid January, they said my employer didnt enter my wages which is ridiculous since i rec'd my w2 form and filed taxes. Now they want my pay stubs from June, Sept and Dec. which I already sent Sept & Dec. and still my claim in pending. I wrote them, emailed because when I called I got a recording that said to call back another time and then it hung up. This is what pushes people over the edge.

a friend of mine went through similar BS here in Ohio, but it ONLY took about 2 weeks to straighten out after he faxed many pages of pay-stubbs..

in Ohio we have a "processing center" according to their soc sec number..
this number is different than the one size fits all general phone number...

all this information is on the state website...have you checked for alternate phone numbers???

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Re: Unemployment Benefits contested

Post by USA Citizen on Sun Feb 24, 2013 9:52 pm

nfpexec wrote:If you have any emails or documents to prove your point that helps. ... I wrote them, emailed because when I called I got a recording that said to call back another time and then it hung up. This is what pushes people over the edge.
It seems as if every form of proof is necessary and that the employer's word is accepted as fact unless proven otherwise. Does that mean saving every email from your home to your employer for years and years? Probably. Does that mean making a blind email (BCC) to yourself of important emails to your employer? Probably. Does that mean putting everything in writing even though a verbal was understood? Probably. If so, then requesting sick days, vacation time, or time off must be in writing and you should have a copy and a reply. And how about the employer who keeps you for a few months or a few years and then gives you a poor evaluation, review or recommendation? Why would they have you work for them for so long if you weren't competent? How about necessary doctor's appointments? Too many employees are laid off simply because they had to go to a doctor or had an emergency. And they tell you to stay home if you are sick and have the flu, but if you stay home when sick your job is gone by the time you are well. Is it necessary (or even legal) to record every phone conversation and every verbal interaction with an employer, their managers or co-workers? Since getting fired or quitting is often a matter of he said-she said, then having an actual recording might be necessary to prove your point - but is it legal to carry around a concealed recording device while you are on the job? And can it be entered as evidence at your benefits hearing? When a worker is turned into a temporary worker, the rules are thrown out the window, benefits are contested and trust is shredded. Some companies have separation statements that employees are requested to sign in order to receive back pay or severance pay. These may come with clauses that the worker quit of their own free will, which should be contested. Hopefully your state knows about the tricks that employers play to try to get out of paying for a worker's unemployment benefits.

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Re: Unemployment Benefits contested

Post by jmainframe on Mon Feb 25, 2013 2:22 am

And you'd better have hard copies of important emails, and somehow get them home with you throughout your time there, beause once you're canned, one of the first things the employer does is shut down your work email profile. And be careful about sending bcc's from work to your private home email because most companies have strict policies against internal emails leaving the company. You can be fired just for that alone, especially if an employer already has an employee earmarked (secretly) for termination. And most companies in our post-911 world do check emails and phone conversations, at least randomly.

We're really living in uncharted teritory, where millions of people are being pushed to resignation or termination, and employers, so as to add insult to injury contest not only an employee's unemployment benefits, but also try to withhold his/her severance package! And greedy companies would like nothing more than to not have to pay benefits to all of those former workers if they can find (or manufacture) a good enough reason not to.

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Re: Unemployment Benefits contested

Post by nfpexec on Mon Feb 25, 2013 4:18 am

I didn't save every email but I had the important ones like the one where I said I was sick and would be in the following day. I had their response not to come in which proved that they fired me not that I quit. I also had complimentary emails where my former boss said what a good job i did, how i worked on weekends, holidays, nights to prove that she thought i was good employee and couldn't say that i was this troublesome employee. I had HER words to use against her.

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Re: Unemployment Benefits contested

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