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Old 06-28-2012, 08:29 PM
 
18 posts, read 36,443 times
Reputation: 18

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Ok, so the short story is, I was laid off March 2011, went on unemployment, found part-time job in September (don't recommend!), and found a full-time job in December.

Been with the company since then in a managerial position, but knew shortly after starting that it wasn't a good fit. Didn't help that the previous two occupants of my position had stepped down into lower positions, and reported to me. Not an ideal situation, but it was a job. One of the previous occupants pitied me, the other was a thorn in my side...

Anyway, got a new manager in February (?) and things went down-hill from there. Did everything I could to get along, helped (unexperienced) boss close down one of our other branches, something I had experience in and he didn't. Was advised by him yesterday (Wednesday) that I was going to be let go Friday (tomorrow) because I wasn't a good fit. Asked if I was being terminated, and he and another manager (who was the one that originally hired me) both answered in the affirmative.

Found out later Wednesday that my manager had told two of my direct reports that I was being let go because I no longer 'fit the vision of the company'. One of the reports supposedly questioned what exactly the vision of the company was, which I found reassuring...

I'm fairly certain I have a solid case for unemployment (as much as I hate being unemployed) - any thoughts? I don't trust this company as far as I could spit - wouldn't put it past them to deny benefits based on baseless claims.

Do I need to know anything before I file tomorrow night?
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Old 06-28-2012, 09:00 PM
 
14,500 posts, read 30,931,832 times
Reputation: 2562
It's what you need to get from the company before you leave. Like performance reviews, flattering emails, anything to thwart a potential misconduct claim after you're gone and no longer have access.
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Old 06-28-2012, 10:52 PM
 
Location: California
4,400 posts, read 13,361,506 times
Reputation: 3161
Try to get the reason for termination in writing. Helps to keep from having to worry about the employer changing their story.
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Old 06-29-2012, 11:44 AM
 
Location: FL
1,710 posts, read 3,126,729 times
Reputation: 1893
I wouldn't wory about it, I would just put down you are unemployed on the paerwork and go from there.
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Old 06-29-2012, 12:56 PM
 
109 posts, read 423,406 times
Reputation: 68
Quote:
Originally Posted by Magnus1695 View Post
Ok, so the short story is, I was laid off March 2011, went on unemployment, found part-time job in September (don't recommend!), and found a full-time job in December.

Been with the company since then in a managerial position, but knew shortly after starting that it wasn't a good fit. Didn't help that the previous two occupants of my position had stepped down into lower positions, and reported to me. Not an ideal situation, but it was a job. One of the previous occupants pitied me, the other was a thorn in my side...

Anyway, got a new manager in February (?) and things went down-hill from there. Did everything I could to get along, helped (unexperienced) boss close down one of our other branches, something I had experience in and he didn't. Was advised by him yesterday (Wednesday) that I was going to be let go Friday (tomorrow) because I wasn't a good fit. Asked if I was being terminated, and he and another manager (who was the one that originally hired me) both answered in the affirmative.

Found out later Wednesday that my manager had told two of my direct reports that I was being let go because I no longer 'fit the vision of the company'. One of the reports supposedly questioned what exactly the vision of the company was, which I found reassuring...

I'm fairly certain I have a solid case for unemployment (as much as I hate being unemployed) - any thoughts? I don't trust this company as far as I could spit - wouldn't put it past them to deny benefits based on baseless claims.

Do I need to know anything before I file tomorrow night?
Nope. I wouldn't sweat it. You have to have done something seriously wrong (gross misconduct) and the employer, in most instances, has to have given you fair warning/prior knowledge of the consequences of further misconduct before you can be fired for just cause and be ruled ineligible for benefits. The burden of proof falls on the employer not you. If it was because you "didn't fit" you win.

Sure they can lie about why they fired you but they have to prove it up. Some guy I ran into right before our respective ALJ hearings a couple of years ago told me that his employer lied and said he did too many things wrong here to enumerate and EDD had ruled him ineligible for UI benefits which he promptly appealed and the good news-he ended up winning-guess why? The employer failed to show up for the hearing or even fax in their response/defense. The ALJ didn't even hold the hearing and came out to the waiting room to give him the good news right in front of me. So maybe the same will happen to you. So worst comes to worse just plan on a delay in benefits and make contingency plans on how you'll pay your bills.

Here's an interesting antidote that I read in Sammy Hagar's autobiography. He got fired for helping a friend steal albums from a record store where Sammy was working right before he joined Montrose back in the 1970s and still collected unemployment. And, it gets even funnier. Once he joined Montrose he got a 6 figure advance from the band's record label and he continued to collect UI benefits because they told him that it was a one time thing. No he didn't collect for the week that he got the $100,000 but he did the next week. What a hoot!

Carol-Lynn

Last edited by carol7lynn; 06-29-2012 at 01:08 PM..
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Old 07-05-2012, 03:21 PM
 
18 posts, read 36,443 times
Reputation: 18
Received my financial determination from the PA DOL today. I've been denied benefits as I didn't have enough income in the base year to justify - the reason given is because 'at least 20% of your qualifying wages were not paid to you outside the calendar quarter in which you had the highest wages'.

Any suggestions? HELP!
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