quote:

Originally posted by RAMIUS:
I didn’t even know an employer can fight a claim after firing someone.

In AZ if we can show we terminated the EE for cause then they are denied UI benefits.

quote:

Originally posted by LBTRS:

quote:

Originally posted by RAMIUS:
I didn’t even know an employer can fight a claim after firing someone.

In AZ if we can show we terminated the EE for cause then they are denied UI benefits.

That sucks. I guess you guys don’t pay into it.

In PA, we get cash taken from out checks weekly to pay for our benefits.

quote:

Originally posted by RAMIUS:

quote:

Originally posted by LBTRS:

quote:

Originally posted by RAMIUS:
I didn’t even know an employer can fight a claim after firing someone.

In AZ if we can show we terminated the EE for cause then they are denied UI benefits.

That sucks. I guess you guys don’t pay into it.

In PA, we get cash taken from out checks weekly to pay for our benefits.

In Michigan we do, too, but that doesn't pay for the entirety of the benefits. Here, it does cost the employer when an ex-employee claims UI.

quote:

Originally posted by ensigmatic:

quote:

Originally posted by RAMIUS:

quote:

Originally posted by LBTRS:

quote:

Originally posted by RAMIUS:
I didn’t even know an employer can fight a claim after firing someone.

In AZ if we can show we terminated the EE for cause then they are denied UI benefits.

That sucks. I guess you guys don’t pay into it.

In PA, we get cash taken from out checks weekly to pay for our benefits.

In Michigan we do, too, but that doesn't pay for the entirety of the benefits. Here, it does cost the employer when an ex-employee claims UI.

I paid in for 13 years. I’d like to think that I contributed enough to cover my benefits. However, I completely understand why my former employer wants to fight my claim. They’re in business to make money.

If you’re fired for cause, you can’t collect. That sounds like the situation you’re in (no judgement on you at all) just what your employer would have stated when contacted by the unemployment office about your claim. You can fight it but from the facts I've read so far, I think you would lose. I’m sorry man.

quote:

Originally posted by sns3guppy:

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.

Employees do not pay into the unemployment system. Unemployment taxes are borne entirely by the employer. There is a federal standard rate that is offset by the state rate. Both are paid by the employer.

Disability is partially funded by employees, being a part of the Social Security system.

quote:

Originally posted by RAMIUS:


In PA, we get cash taken from out checks weekly to pay for our benefits.

Wow, I never knew employees had money taken out - I always thought the employer paid it all. Looks like just Pennsylvania, New Jersey and Alaska do it this way.

quote:

Originally posted by dbuck47:

quote:

Originally posted by sns3guppy:

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.

Employees do not pay into the unemployment system. Unemployment taxes are borne entirely by the employer. There is a federal standard rate that is offset by the state rate. Both are paid by the employer.

Disability is partially funded by employees, being a part of the Social Security system.

But I am not saying the OP doesn't deserve unemployment, as well as a possible suit for wrongful dismissal. I have received plenty of free desserts over the years; I have always assumed this was a customer satisfaction thing.

Anyway, claims can be denied if the employee was fired for cause, but as has been stated, the employer must document and support the cause.

I am not a lawyer by the way.

In this situation it sounds like a lot " he said ...she said " type of stuff . Your defense sounds weak . I do not think you will prevail . Let us know how it turns out .

Google MI unemployment attorney and check the reviews, also in MI there is an advocacy groups that will help you free of charge.

MI Unemployment Claim Advocacy

I would find the best one, and consult with them, you don't need to hire them until your application is denied, at that point you hire the attorney, you could come out of the hearing approved, JMO however you should be educated on what you need to say and not say.

Here is some info on MI Unemployment appeals

https://www.nolo.com/legal-enc...denial-michigan.html

The idea employees pay into unemployment is flat out wrong. The business pays it, not the employee. Further, the idea that you have a claim for wrongful termination is equally insane imo.

You violated a rule in the handbook and were terminated for it. That's pretty clean cut. If you want to fight a case like this, you absolutely need an attorney. For example, you say the rules are not applied evenly across all employees. Is this part of the law? Does it matter at all legally as it pertains to unemployment benefits? I'm guessing you don't the answer, and that's why you need a lawyer. You can bet that the employer knows these rules well and has their ducks in a row. If they are not a sophisticated employer, you might be able to win on your own....maybe.

I very rarely loose these when I fire someone, and it's because our HR folks have their paperwork in order. Keep in mind, more often than not, the terminated employee makes a claim similar to the one you posted here. I.e. they said I was fired for this reason, but it was really another. Your story will be the same 'ol song and dance the decision maker hears every day.

It will be especially if the employer has a history of paying unemployment to others. An employer who denies ever single claim is a different matter.

quote:

Originally posted by LBTRS:

quote:

Originally posted by RAMIUS:
I didn’t even know an employer can fight a claim after firing someone.

In AZ if we can show we terminated the EE for cause then they are denied UI benefits.

Well, I think the term "cause" is flexible in AZ. Technically, I was fired for cause, even more than once. No employer is going to admit to an arbitrary and capricious firing. Of course, they're going to give a reason other than layoff. Last time I was fired, I had no warning at all, had never had a cross word with any co-worker or boss and had just closed a ginormous deal I moved mountains to close. Days later I was canned. Boss told me it was for low sales. But they didn't try to contest my UI claim.

Long ago I was put on a "performance improvement plan" and given 30 days to turn things around (sales). As soon as I got too close to knocking it out, they doubled all the requirements in the PIP and I was fired the day after the deadline. My boss was fired shortly thereafter. It was totally political, but dressed up as performance-related. They didn't contest my UI claim.

quote:

Originally posted by esdunbar:
The idea employees pay into unemployment is flat out wrong. The business pays it, not the employee.

Federal Unemployment - true
State Unemployment - true, in 47 states. Not true in PA, AK, and NJ.

Patriot Software Article

quote:

Originally posted by dbuck47:

quote:

Originally posted by sns3guppy:

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.

Employees do not pay into the unemployment system. Unemployment taxes are borne entirely by the employer. There is a federal standard rate that is offset by the state rate. Both are paid by the employer.

Disability is partially funded by employees, being a part of the Social Security system.

The point is that the money has been paid into the system to benefit the employee in the event of loss of employment.

An employee who has worked very little and for a short period, can collect very little; the amount available is directly tied to the amount the employee has worked. This is money already paid, and insurance already bought.

Just to provide more information, I was initially denied benefits and submitted an appeal with letters written by a few of my coworkers backing up my claim. At this point, the initial denial was overturned.

It wasn’t until yesterday that I received notice that my former employer was going to continue fighting my claim. As far as I am aware, they fight each and every claim, regardless of the reason for termination. I’m not saying I’m a special case, just asking for advice as to the beat way to proceed.

Yes, you should consult a lawyer.

But, if you cannot, then gather your evidence to make the claim that your firing was pretextual. Get others in who can testify about managers knowing others ate dessert and who were not punished, for example. Be specific, and have evidence that is from a person with personal knowledge of the facts, not just "everyone knows" and "it happens all the time."

I don't know your jurisdiction, but even that may not be enough. If they can paint you as a troublemaker and a malcontent, that may be enough cause for a for-cause termination. Think about what they will claim, and how they will prove it. Be honest with yourself, and don't just think to yourself, "This is bullshit."

I have handled one hearing for unemployment claims, and won. They are mini-trials. Have your proof lined up.

(And yes, employers pay into the fund, not employees. It is sort of like insurance. Lots of claims drives up the employers' rates. Being fired for cause disqualifies an employee from compensation.)

If I were preparing your defense, I'd first look into company policy in the handbook. Is there a policy prohibiting comping a customer with dessert, or a procedure for doing so you did not follow? Have you done this before without a hassle from your supervisor? Are others who have done it willing to come forward and make a statement? If you can answer all of this to the reviewer's satisfaction, you will likely prevail. The system is weighted in favor of the employee. Most of the time, you cannot be fired for a single incident unless the incident is "egregious" and or "damaging to the company." I have, for example, fired security guards for the first offense of sleeping on post, as that is egregious. Being tardy, however, requires a process of counseling, providing written warnings, etc until you can establish a pattern.