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Old 03-05-2011, 09:42 PM
 
Location: Chicago, IL
10 posts, read 102,341 times
Reputation: 34
Default Employer terminated me for misconduct, 602a but assured me they will not contest unemployment, please assist,

I was terminated on 3/2/2011 after 21/2 years, with cause. They terminated me based on misconduct, I have a phone interview in 10 days with IDES. The incident I was terminated for was entirely made up, in fact they alleged two incidences, one day apart.

I had filed a formal complaint against a different manager in January and this is clear retaliation. I don't plan to pursue retaliation charges as long as I receive unemployment benefits. The misconduct I am alleged with is false, HR knew this but they wanted me terminated, the head of the department accused me of the two "threatening" incidences.

The day I was terminated I met with my department's HR Rep and the head of the department, who accused me, they both gave me their word that my company will not contest unemployment benefits. It is fairly clear that the incidences aren't true but HR informed me that someone witnessed this, I asked who it could be, was told by HR they don't have to disclose that information.

I received in the mail today, a notice for the IDES interview, it also sites that I was discharged under 602a. This disqualifies me from unemployment, my question is, if they terminated me under 602a, can I appeal this and employer not contest my unemployment then I still receive the benefits? The company is one of the two big homeowners insurance, and they put the misconduct termination through their legal department and received approval, again, both incidences are entirely made up but it's my word against a top manager.

If I tell the IDES that the misconduct was just poor performance, will they contact my former employer to ask if they are contesting unemployment? If the 602a stands, which it will, can I still receive unemployment if my employer doesn't contest my unemployment claim?

Thanks
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Old 03-06-2011, 03:29 AM
 
398 posts, read 721,487 times
Reputation: 410
I don't really get it when you say your employer is not contesting your unemployment benefits.
... your employer IS contesting your unemployment benefits by firing you and reporting to the Department of Labor that it was under 602A for misconduct so your employer is intentionally preventing you from collecting UI.

But if you say that 602A allegations will stand, then you know that your former employer will stick to the accusations reported to the DOL, so how is he not contesting it? If your former employer won't showup for a hearing, or if he ignores requests to respond to your appeal, then wouldn't the charges be "dismissed?"

As far as I know, you can't get unemployment when fired for misconduct, unless you convince the DOL that it's false.
How will saying that you were fired for poor performance help if it's being labeled as misconduct?
If your employers really won't contest your appeal for UI, you should just say you're innocent.

Last edited by raymond2; 03-06-2011 at 04:00 AM..
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Old 03-06-2011, 05:41 AM
 
269 posts, read 361,686 times
Reputation: 241
Quote:
Originally Posted by Dutche82 View Post
I was terminated on 3/2/2011 after 21/2 years, with cause. They terminated me based on misconduct, I have a phone interview in 10 days with IDES. The incident I was terminated for was entirely made up, in fact they alleged two incidences, one day apart.

I had filed a formal complaint against a different manager in January and this is clear retaliation. I don't plan to pursue retaliation charges as long as I receive unemployment benefits. The misconduct I am alleged with is false, HR knew this but they wanted me terminated, the head of the department accused me of the two "threatening" incidences.

The day I was terminated I met with my department's HR Rep and the head of the department, who accused me, they both gave me their word that my company will not contest unemployment benefits. It is fairly clear that the incidences aren't true but HR informed me that someone witnessed this, I asked who it could be, was told by HR they don't have to disclose that information.

I received in the mail today, a notice for the IDES interview, it also sites that I was discharged under 602a. This disqualifies me from unemployment, my question is, if they terminated me under 602a, can I appeal this and employer not contest my unemployment then I still receive the benefits? The company is one of the two big homeowners insurance, and they put the misconduct termination through their legal department and received approval, again, both incidences are entirely made up but it's my word against a top manager.

If I tell the IDES that the misconduct was just poor performance, will they contact my former employer to ask if they are contesting unemployment? If the 602a stands, which it will, can I still receive unemployment if my employer doesn't contest my unemployment claim?

Thanks
Did you sign any papers on your last day? I mean ANYTHING...even if it concerned where to send your last paycheck.

Where you by chance a whistleblower who was retaliated against? You may need to get a lawyer.
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Old 03-06-2011, 09:20 AM
 
Location: Chicago, IL
10 posts, read 102,341 times
Reputation: 34
Raymond: Thanks for that, I thought if I simply tell IDES it was performance and not misconduct, they would check with employer, who agreed not to contest. Then employer just doesn't respond, so that will still get me the UI, you're recommending I simply say I'm innocent? Which I am. Makes more sense.

If employer keeps my termination as 602a but does not contest my innocent plea with IDES, can I still receive unemployment?

Leeds: There is so much blood on their hands it is unbelievable, there is clear fraud by a former manager, our Notary Public assisted in altering my applications, I told a manager who needed a business reason to fire me, I became a top performer and filed a formal complaint against her. Then the head of my department accused me of threatening him twice in a week. After 2 1/2 years as a great employee.

There is said to be a witness to one threatening incident, but they told me they will not disclose who it is (neither of the two incidents happened). I did not sign anything, I have seen a $300/hour employment lawyer twice during this. It is an uphill clime to connect my termination with the forged applications. Employer's HR doesn't want this fight and informed me they will not contest UI. Still the reason for termination is misconduct, 602a.

Both: is this possible?: I tell IDES I'm innocent, they check with employer, who then lives up to their word and does not contest it, will this make me eligible for the UI, even though the misconduct remains on employer's record?
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Old 03-06-2011, 10:02 AM
 
1,296 posts, read 1,174,850 times
Reputation: 635
Quote:
Originally Posted by Dutche82 View Post
Raymond: Thanks for that, I thought if I simply tell IDES it was performance and not misconduct, they would check with employer, who agreed not to contest. Then employer just doesn't respond, so that will still get me the UI, you're recommending I simply say I'm innocent? Which I am. Makes more sense.

If employer keeps my termination as 602a but does not contest my innocent plea with IDES, can I still receive unemployment?

Leeds: There is so much blood on their hands it is unbelievable, there is clear fraud by a former manager, our Notary Public assisted in altering my applications, I told a manager who needed a business reason to fire me, I became a top performer and filed a formal complaint against her. Then the head of my department accused me of threatening him twice in a week. After 2 1/2 years as a great employee.

There is said to be a witness to one threatening incident, but they told me they will not disclose who it is (neither of the two incidents happened). I did not sign anything, I have seen a $300/hour employment lawyer twice during this. It is an uphill clime to connect my termination with the forged applications. Employer's HR doesn't want this fight and informed me they will not contest UI. Still the reason for termination is misconduct, 602a.

Both: is this possible?: I tell IDES I'm innocent, they check with employer, who then lives up to their word and does not contest it, will this make me eligible for the UI, even though the misconduct remains on employer's record?
Sounds like your former employer, was really a sleaze bag! Did they ever give you the promise in writing, regarding not to contest your UI? If so, then you've got them, and you can even sue them over this.

If they only gave you a verbal promise, then they may not hold up their end of the bargain. Particularly since they seem to be so sleazy anyhow. Also, did they make you sign anything when they fired you, stating that you won't take legal action against them?

I think that your attorney, will need to still work with you, and tell you what your options are. I've had many bad experiences over the years, with unscrupulous employers. So I know how you feel. Best of luck to you.
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Old 03-06-2011, 10:27 AM
 
Location: San Diego
189 posts, read 564,631 times
Reputation: 77
I don't know what state you're in, but I believe there's resources to protect whistleblowers. You might want to Google it. There's lawyers who specialize in this issue. In fact, you may actually get some more monetary compensation on top of being eligible for unemployment.

I wouldn't let this remain on your employment record.

I agree, if there's nothing in writing saying that they won't contest the UI, I wouldn't trust your former employer's word. You can try to get it, but they may fight it later on. Good luck.
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Old 03-06-2011, 11:32 AM
 
Location: Chicago, IL
10 posts, read 102,341 times
Reputation: 34
Thanks for the info, they told me they are always a neutral reference regardless of termination reason. HR never gave me a thing in writing and I didn't sign anything upon seperation. Even though they terminated me for misconduct and IDES is aware of 602a, does this mean I can still receive unemployment if employer does not contest and I claim innocence?
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Old 03-06-2011, 12:12 PM
 
398 posts, read 721,487 times
Reputation: 410
Your former employers have to prove their allegations if you appeal, so I can't see how DOL will deny you if your plea of innocence isn't contested.

I don't think it matters if your Employer HR won't change what's written in their own records unless you were planning to use them for a recommendation.
If DOL determines that you are eligible for UI, then you can use that as a defense if a new employer questions why you were fired from a previous job.
You can sue Employer to take it off their records but it might not be worth the expense and you might have to return UI benefits if they win a future case.

Quote:
Why don’t employers respond to unemployment claims?

ANSWER: Some times they just are not interested, want to be nice to you or don’t want to cause themselves any problems that can arise, especially when a claimant is denied benefits.
Unemployment compensation benefits frequently asked questions.
Quote:
Can I receive unemployment compensation if I was fired?

Yes, you can receive unemployment insurance when you were fired, as long as you were not fired for "misconduct." Misconduct can be many things, but your employer has to show that you willfully disregarded its interests. Your employer has to prove that you were fired for misconduct.

Unemployment Compensation -- Misconduct

Last edited by raymond2; 03-06-2011 at 12:28 PM..
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Old 03-06-2011, 10:09 PM
 
Location: Chicago, IL
10 posts, read 102,341 times
Reputation: 34
Good call Ray, the company is always a neutral reference regardless, think I'm good, just can't work for these clowns again.
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Old 10-20-2011, 10:43 AM
 
1 posts, read 18,655 times
Reputation: 10
I realize this post is a few months old, but I wanted to just say that the exact same thing happen to me in January of 2010, even down to the false accusations of threats. They really screwed me hard; my unemployment benefits were denied despite my appeal; they also kept a month of pay because it was a productivity pay structure and they were able to claim I hadn't produced that month, when in fact I had made over $2000.
I spoke to an acquaintance of mine who is also a lawyer. He told me that pretty much they had me at my word against their word, and it probably wouldn't be worth pursuing in court, because I would just spend more money in court costs etc. he suggested I just move on with my life.
I thought I was doing that, and then just this morning, after a second interview yesterday with a prospective employer that I thought went very well, this morning they call me and tell me they have decided not to hire me because I was honest with them yesterday when they asked me my reason for termination. Unbelievable.
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