I just got fired... (collect, file, receive, claim)
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As said... our paychecks have been late. The company ship is most definitely sinking.
As for what happened today... my boss has said in the past he doesn't want us USING cell phones on the floor. Fine... no problem. I go into today and my cell phone is is my pocket like always... I set up the machines and get them running... one of my co-workers asks me to move my car so he can unload a truck. I go for my keys (in the same pocket as my phone) and set the phone on the table.
I go outside and am in my car moving it... my boss comes out and fires me for having my cell phone on the floor.
ARE YOU SERIOUS?
Here's some of his quotes:
"Your cell phone cost you your job."
"Don't bother filing for unemployment... once I tell them about you using your phone and wasting my time they will deny you."
I saw this recent post in another thread and I feel like it applies to me as well....
Quote:
Originally Posted by Chyvan
I'm still of the opinion that this ax grinding only had to do with getting you out the door. She's just not going to do well at a UI hearing. Many employers are still of the opinion that at-will employment means that if they can fire you for a reason that same reason means you can't collect UI. It's the oposite. The UI system is the buffer to arbitrary firings because of at-will employment.
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I can't help but agree. This was a small business... I was the machine operator for 2 machines... I had 2 helpers who helped me with changeovers... we had one CAD engineer in the office (a current open position because he quit last week), a secretary, and my boss the owner. The employee roster is getting mighty thin.
Here's my recent employment background:
I worked a job 2 years here in WA and quit for this job back in December. It was a "just cause" quit per the WADOL because I quit for another job with a significant pay increase.
As for this job... I don't see what he can possibly use against me other than spewing garbage about how I used my cell phone or did a poor job.
1) I had perfect attendance over these 6 months... averaging 40-65 hours per week
2) No written documentation on ANYTHING has ever been signed by me
3) I asked him for a separation notice and he said he wasn't going to give me one
Where do I go from here? Suggestions? I think I need to file my UI claim today.
You file for unemployment. You say you were discharged. To make your life easier avoid at all costs providing a reason at this point in the process (you can say not sure because with your delayed payroll, you can't be certain it wasn't financially motivated). There's a very good chance this employer will be too busy with other fires to submit the UI paperwork back in a timely manner. There is just no good reason to bring up the cellphone, the cellphone policy, or how it was only sitting there and you weren't using it, blah blah blah.
You want to try to get your benefits started as soon as possible with money in your pocket. Worry about explaining things only when it becomes an issue because the employer raised it, and not because you volunteered it.
I did exactly that... I filed my claim this afternoon. When asked about a notice of separation I said that my boss (the owner) told me he wouldn't be giving me one. I didn't volunteer any information.
I was told my benefit amount would be $569 per week... just shy of the WA maximum. I have no idea if it is going to take me 2 days, 2 weeks or 2 months to find another job so filing today and getting the process started is what I wanted to do. I do have some money saved thankfully.
The claims person told me to begin claiming on Sunday. This first claim would note the 35+ hours I worked this week and it wouldn't be until the following Sunday that I would claim a payable week... (assuming I don't find a job by then)
He said there should be no problems unless misconduct is determined. I asked for clarification on that and stated that I was somewhat concerned because I wasn't given a separation notice. I asked him "What if the employer says I was late for work every day or I was talking on my cell phone all afternoon?" I brought that up because the secretary and the owner were the only two people with keys to the building. Work began at 7am but on a few occasions in the past she was 5-10 mins late so of course we all clocked in 5-10 mins late. I didn't want him trying to use that against me because I was at work on time... I just couldn't clock in.
I indirectly asked about the phone due to his "Your phone cost you your job" comment he made and I have no doubt he is going to say I was using my phone or something during working hours.
I was told the burden of proof is on the employer. The employer can say whatever he wants but he has to have it documented and he also has to have documented the fact that he gave me warnings and tried to correct any issues.
As I said... he has nothing documented. I was never given any written counseling, warnings... nothing.
That being said... I feel very good about my chances.
Examine your monetary determination carefully, and pair it with paystubs. While you're getting almost max benefit, there is still some room. If you can find some under reporting, be sure to submit the proof, and get that number adjusted. You only stop spending time on it when you hit max benefit.
In my case, the employer was reporting gross pay less my portion of the health insurance premium. Finding that added $3/wk to my weekly benefit amount, and since I collected 89 weeks, that was $267 for 30 minutes to find and fax.
I was told the burden of proof is on the employer. The employer can say whatever he wants but he has to have it documented and he also has to have documented the fact that he gave me warnings and tried to correct any issues.
As I said... he has nothing documented. I was never given any written counseling, warnings... nothing.
That being said... I feel very good about my chances.
You'll get UI. Don't worry about what your ass hole ex-boss said.
Your supposed misconduct would have had to have been documented properly. My father has a law firm and he fired someone who came 30 minutes late every day. He had time cards proving that she was late and fired her. She got UI because he didn't have her sign three formal write-ups. So your case should be a no-brainer.
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
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You just saved them the trouble of deciding who to lay off, and they hope you won't file. Give it a shot, you were not "using" the cell phone, and unless they can prove they gave you written rules that said no cell phones allowed on the premises, you are likely to get UI.
I did exactly that... I filed my claim this afternoon. When asked about a notice of separation I said that my boss (the owner) told me he wouldn't be giving me one. I didn't volunteer any information.
I was told my benefit amount would be $569 per week... just shy of the WA maximum. I have no idea if it is going to take me 2 days, 2 weeks or 2 months to find another job so filing today and getting the process started is what I wanted to do. I do have some money saved thankfully.
The claims person told me to begin claiming on Sunday. This first claim would note the 35+ hours I worked this week and it wouldn't be until the following Sunday that I would claim a payable week... (assuming I don't find a job by then)
He said there should be no problems unless misconduct is determined. I asked for clarification on that and stated that I was somewhat concerned because I wasn't given a separation notice. I asked him "What if the employer says I was late for work every day or I was talking on my cell phone all afternoon?" I brought that up because the secretary and the owner were the only two people with keys to the building. Work began at 7am but on a few occasions in the past she was 5-10 mins late so of course we all clocked in 5-10 mins late. I didn't want him trying to use that against me because I was at work on time... I just couldn't clock in.
I indirectly asked about the phone due to his "Your phone cost you your job" comment he made and I have no doubt he is going to say I was using my phone or something during working hours.
I was told the burden of proof is on the employer. The employer can say whatever he wants but he has to have it documented and he also has to have documented the fact that he gave me warnings and tried to correct any issues.
As I said... he has nothing documented. I was never given any written counseling, warnings... nothing.
That being said... I feel very good about my chances.
My personal experience with this is that small companies tend to fight UI more than larger companies. Also, because this company is floundering, the owner feels more impetus to fight against you getting UI. Be ready for a fight.
With that having been said, I think you should write out what you told us here on the paperwork that you receive to send in to ESD.
You'll get UI. Don't worry about what your ass hole ex-boss said.
Your supposed misconduct would have had to have been documented properly.
Good luck on trying to get a new job, btw.
Thanks. There was nothing documented... It's just his word vs mine. He can say whatever he wants... with nothing solid to back it up.
Quote:
Originally Posted by Hemlock140
You just saved them the trouble of deciding who to lay off, and they hope you won't file. Give it a shot, you were not "using" the cell phone, and unless they can prove they gave you written rules that said no cell phones allowed on the premises, you are likely to get UI.
Not only was nothing documented... There was no employee handbook. This was the textbook mom and pop working out of the garage type company.
Quote:
Originally Posted by amaiunmei
My personal experience with this is that small companies tend to fight UI more than larger companies. Also, because this company is floundering, the owner feels more impetus to fight against you getting UI. Be ready for a fight.
With that having been said, I think you should write out what you told us here on the paperwork that you receive to send in to ESD.
This guy complained about too much bubble wrap being used to ship parts... I have no doubt he will fight a UI claim. He already commented "You won't get UI after I tell them all the things I fired you for."
Really? What? I used my cell phone? I came in 5 minutes late? The machine malfunctioned and made a bad part that had to be redone?
Bottom line is he doesn't have a thing on paper that can be used against me... I was there every day and did the best job I could.
I wouldn't put it past him to twist the story around... He already said I was fired and he wouldn't be giving me a separation notice. I wouldn't put it past him to tell UI that I walked out and quit. Again it's another case of his word vs mine.
Like I'm really going to up and walk out from a $1000 a week job.
From a different thread...
Quote:
Originally Posted by amaiunmei
Repeat after me: "I did the best that I could."
That is your defense.
No matter how much your employer wants it to be different, poor performance is not misconduct. The employer's grasping at straws.
That's my defense... And I agree. He can say whatever he wants... And most likely will. He still has nothing solid to back up anything he tries to use against me.
Examine your monetary determination carefully, and pair it with paystubs. While you're getting almost max benefit, there is still some room. If you can find some under reporting, be sure to submit the proof, and get that number adjusted. You only stop spending time on it when you hit max benefit.
In my case, the employer was reporting gross pay less my portion of the health insurance premium. Finding that added $3/wk to my weekly benefit amount, and since I collected 89 weeks, that was $267 for 30 minutes to find and fax.
Examine your monetary determination carefully, and pair it with paystubs. While you're getting almost max benefit, there is still some room. If you can find some under reporting, be sure to submit the proof, and get that number adjusted. You only stop spending time on it when you hit max benefit.
In my case, the employer was reporting gross pay less my portion of the health insurance premium. Finding that added $3/wk to my weekly benefit amount, and since I collected 89 weeks, that was $267 for 30 minutes to find and fax.
Quote:
Originally Posted by LOL_Whut
Good point!
Yep.
When I talked to the claims person on Friday and was given the $569 benefit amount (WA max is $580) I was told it was based on my year 2012 earnings. The figure given matched my tax filings so I don't suspect an issue but I will most definitely double check when the paperwork arrives.
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