Staring back from the abyss
| I was always under the impression that you were not eligible for unemployment if you were fired.
________________________________________________________ "Great danger lies in the notion that we can reason with evil." Doug Patton.
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Member
| This likely varies significantly by state.
Does the employer have a written policy on discipline? Did they follow it? |
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It's not you, it's me.
| quote: Originally posted by Gustofer: I was always under the impression that you were not eligible for unemployment if you were fired.
I’ve been fired and collected. I think you can’t collect if you quit. |
| Posts: 7016 | Location: Right outside Philly | Registered: September 08, 2005 |
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Just for the hell of it
| I would talk to a lawyer. Prepare for the hearing and be ready with an answer to any accusations. This happened to my dad a few years ago. The company he was working for was bought up by a major player in their business. I'm not going to name them but everyone here has likely interacted or used them before. They wanted to push out the older management people and bring in their own people that happened to be much younger and cost a lot less. They started writing him up for BS stuff. He kept a notebook on what happened and such. They tried to deny his claim. He talked to a lawyer and prepared for the hearing. It was very stressful for him but in the end, he was able to collect unemployment. He was able to show he never broke any company rules even though they tried to make it out as he had. He was in his 70's at the time and had paid into the system his entire life and never collected anything until then.
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Because in the end, you won’t remember the time you spent working in the office or mowing your lawn. Climb that goddamn mountain. Jack Kerouac
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| The case will not be decided on what's "fair." The only issue will be facts. Fredward's post nails it. |
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safe & sound
| quote: He was in his 70's at the time and had paid into the system his entire life and never collected anything until then.
I don't know if it's the same in other states, but in Missouri the employee pays nothing into the unemployment system. It's 100% employer monies, and the more claims you have the more it cost. It's in the employers best interest to have as few successful claims as possible. |
| Posts: 15946 | Location: St. Charles, MO, USA | Registered: September 22, 2003 |
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sick puppy
| In Utah, if my employer fires someone and they go for unemployment, then my employer has to pay a certain amount into the unemployment fund. We can always fight it, and often win since, at least the terminations im involved in are for theft, drug use, or time and wage violations. But there have been some cases where it was a blatant policy and code of conduct violation - like flipping off a customer who made you mad, and throwing the customers purchases at them - still be awarded unemployment. Doesnt say much to your case - in some instances it seems like it comes down to little more than how good the employer is at speaking to the case officer handing the case at the hearing vs. you and your plea.
____________________________ While you may be able to get away with bottom shelf whiskey, stay the hell away from bottom shelf tequila. - FishOn
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| Posts: 7547 | Location: Alpine, Ut | Registered: February 17, 2010 |
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| quote: Originally posted by Fredward: “Everybody knows” won’t cut it. Was your rule violation documented? How serious was the infraction? Have others been fired for the same violation? Be prepared to disclose names of those who were given lesser punishments. Be prepared to defend any write ups. And yes, employers can contravert claims. I’ve done it successfully.
Our owner and hr has fought a lot of claims, whenever someone has been terminated for cause. Some of the reviews were done on conference call. It comes down to documentation. Have all paperwork ready. There is little tolerance for he said she said. If you have an employee hand book review it. When the economy tanked these things seemed to lean toward the former employees, (at least from what I saw) unless something was egregious.
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| Posts: 1473 | Location: Boardwalk, Va Beach | Registered: March 10, 2011 |
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Coin Sniper
| I was laid off in Michigan in 2009. Almost a year after I'd been employed again I received a similar notification. My former boss and I met awkwardly in the room before the Magistrate arrived and after an uncomfortable silence he asked if I knew why we were there. Turns out, they were as surprised by the notification as I was. Proceedings were quick, very quick. In closing he, a bit irritated he had to give up several hours of time for seemingly no reason, asked why this happened. We were told that the state often does this to assure claims are legitimate. I'm pretty sure he was more pissed than I was.
Pronoun: His Royal Highness and benevolent Majesty of all he surveys
343 - Never Forget
Its better to be Pavlov's dog than Schrodinger's cat
There are three types of mistakes; Those you learn from, those you suffer from, and those you don't survive. |
| Posts: 38478 | Location: Above the snow line in Michigan | Registered: May 21, 2004 |
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Equal Opportunity Mocker
| I have no idea in other states or experiences. I can only relate my own experience as a business owner. I have fired probably a dozen or more folks from my business over the years. Generally, if I fire you, you've really screwed up or you are one (a screw up). I've never paid a single case of an unemployment claim. Not a cent. And the reason is that I have documented the employee's shortcomings, documented that they've been counseled for it, and generally I have either their signatures on previous counseling statements OR I have other witnesses to the corrections that were issued who are willing to write a letter stating as much. IME, if they quit there's no benefits. If they are fired without cause, they can claim. If they are fired for cause, no benefits. YMMV, I'm neither an attorney nor do I want to be.
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"You cannot legislate the poor into freedom by legislating the wealthy out of freedom. What one person receives without working for, another person must work for without receiving." -Dr. Adrian Rogers
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| Posts: 6393 | Location: Mogadishu on the Mississippi | Registered: February 26, 2009 |
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Go ahead punk, make my day
| quote: Should I consult a lawyer
Yeah, that is overdue IMO. |
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Member
| quote: Originally posted by Gustofer: I was always under the impression that you were not eligible for unemployment if you were fired.
During the course of your employment, you've been paying unemployment insurance. It's your money. if you've been fired, laid off, downsized, or removed from your job for other reasons, the money is there to give you something while you're looking for other work. If you quit, in many cases, you're also eligible for unemployment; there are many reasons one quits, and unless the employer contests it, there likely won't be any issue. Remember that one has to have worked and earned a living, and paid into unemployment, to receive it. It's also available in many locations to those who work seasonally. In most cases, unemployment is not enough to live on, and it's designed that way to encourage the recipient to find work as soon as possible. |
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