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I began working at my (now) former employer in October, and although the probationary period on paper is 3 months, they decided sometime before I was hired that it should be 6 months and as I was told by the HR Administrator, they may give me an evaluation at that time or they may not. It's all up to what they have going on at that time.
So on the 6th of March I was terminated. The reasoning they gave me was so convoluted that I couldn't even respond except to say OK. Basically, it was that I did what I was told to do, by the time that I was told to do it, but because I didn't complete it until the due date, that wasn't OK
I had my unemployment interview yesterday and after the interviewer asked me their standard questions (I guess, because it sounded like she was reading), she told me that the employer just said that my personality was not a good fit for the office. That confused me because as far as I could tell, no one had a problem with me, except the head honcho who just came in one day and started with a bunch of attitude. Everyone else was still joking and laughing with me, inviting me places after work, etc. I had just received a gift from someone for completing that very project that I was terminated for completing on time because they didn't want to do it because it was long and tedious and it took me forever and caused me a few gray hairs.
The interviewer then told me that they sent a request to the employer for "additional clarification" and that they had 48 hours to respond and if they do, they'll get in contact with me for my rebuttal statement if necessary. She called me back again today to say that they received a response from the employer that said "it was an at will state and there was no particular reason why they terminated me." She asked me if I wanted to make an additional statement and I just said "no, ma'am." What are you supposed to say about that except "they suck?"
So um.... does that sound like I will be awarded unemployment benefits? I liked that job too.
The interviewer was trying to DENY you benefits. Thank goodness you didn't take the bait. Your employer doesn't have to say horrible, vile things about you to get you denied. Many claimants do that all by themselves.
The lesson to take away from this is the next time you are fired and apply for UI, only say that you were fired and shut up. Never give a reason. That's the employer's job, and when they aren't specific enough (just as your employer was) then you get UI by default. There is NO good reason to treat the interviewer as your confident. All it would have taken is for you to say, "well, I was late once," even in the absence of an employer allegation that was the reason, and you'd have have gotten a denial along the lines of, "you were tardy. Your employer had rules against tardiness and you knew about them and broke them. You're not eligible for UI."
Most likely you'll get UI, but if you don't, it will be because of what you said, and in that case, just appeal it because it sounds like your employer has no interest in participating in the process, but from here on out, don't say another word other than you were fired, and you're not sure why.
Well, during the first interview, she asked me why I was terminated and I told her that the letter I was given said that I was terminated because I submitted a project on the very last day it was due. Even she sounded confused when I said it because she said "wait, you submitted it by the time it was due?" I said yes and then she said ohhhh kay... I'm sure she thought I was lying, until she got this response yesterday from my employer.
She asked me if I was aware of the policies and procedures and I told her, I don't understand that question as it relates to my termination. She just said "were you given a company handbook?" At that point, I said "yes, I was given a company handbook."
Since my statement as to why I was terminated was substantiated by the letter I received from them and their response was something like, we just don't want to keep you around. I mean seriously, I have never been in this situation before in my life. I've never been fired in my life, but I sure have never been fired for no reason whatsoever.
What you said was fine you will get the benefits. You have to answer questions when unemployment calls you. When people are lying about why they were fired for cause, they trip themselves up by speaking. I really don't see any cause for your firing so you were right in discussing it.
You have nothing to hide because you are speaking the truth.
You have to answer questions when unemployment calls you.
No, you do NOT. My friend received an 8-page termination letter of all the reasons that he should have been fired. Some of it (burried on the bottom of page 3 and the top of 4) sounded misconduct like. He simply said he was fired when he applied, shredded the follow up questionnaire, and didn't take their call. He was awarded benefits because his EMPLOYER did not establish misconduct, and he said nothing to disburb that assumption.
What you said was fine you will get the benefits. You have to answer questions when unemployment calls you. When people are lying about why they were fired for cause, they trip themselves up by speaking. I really don't see any cause for your firing so you were right in discussing it.
You have nothing to hide because you are speaking the truth.
Thank you. I've never been in this position, so I don't know what the right and wrong things were to say, and I didn't even think to look for forums to ask before the interview (which came as a surprise, because I didn't get anything that said they were going to call). I can't really be on the defensive as to why I was fired because I still, to this day, don't know why I was fired. I suppose I'll never know. When the lady told me that she would call me back after she heard from my employer, I thought that I would finally find out why because they would be obligated to answer questions just like I was.
Then she calls and says they said, there was no specific reason why they terminated me. What kind of statement was I supposed to make?
No, you do NOT. My friend received an 8-page termination letter of all the reasons that he should have been fired. Some of it (burried on the bottom of page 3 and the top of 4) sounded misconduct like. He simply said he was fired when he applied, shredded the follow up questionnaire, and didn't take their call. He was awarded benefits because his EMPLOYER did not establish misconduct, and he said nothing to disburb that assumption.
I don't know that I would have felt comfortable telling them I wasn't going to answer their questions. This wasn't a questionnaire, she called me in person. Telling them that I wasn't going to answer their questions, at least to me would have sounded hostile and if the employer has little or no bearing as to my eligibility, then why would I want to come off as I was defensive or hostile to the interviewer?
if the employer has little or no bearing as to my eligibility
In a discharge (as opposed to a quit), the employer has EVERYTHING to do with why you don't get UI. However, it doesn't have to be that way if the claimant (you) tell incriminating things about yourself.
You're probably going to get UI with no problems. I just want you to be educated for the next time this might happen to you, and so that you share this information with your friends if any of them experience it. It makes me sick that so many more people could get UI if they knew how the process actually worked.
You don't have to tell them you aren't going to answer their questions. You can just dodge the call or just say "I don't know," "I wasn't told," or "I'm not a mind reader." Only the person that fired you knows why they really did it. We've had plenty of people on here that were told to their face that they were "laid off," and then they get UI (mostly CA claimants) but then get hit with a false statement penalty of two to five weeks that they need to appeal (unnecessarily) because the employer's version was the the person was fired because (insert lame excuse here). Again, in a discharge, there is NO reason to ever say why because you don't know what the employer is going to actually say and then you risk a false statement penalty when had you said nothing, it would be over, and opening your mouth makes an appeal more difficult.
In a discharge (as opposed to a quit), the employer has EVERYTHING to do with why you don't get UI. However, it doesn't have to be that way if the claimant (you) tell incriminating things about yourself.
You're probably going to get UI with no problems. I just want you to be educated for the next time this might happen to you, and so that you share this information with your friends if any of them experience it. It makes me sick that so many more people could get UI if they knew how the process actually worked.
You don't have to tell them you aren't going to answer their questions. You can just dodge the call or just say "I don't know," "I wasn't told," or "I'm not a mind reader." Only the person that fired you knows why they really did it. We've had plenty of people on here that were told to their face that they were "laid off," and then they get UI (mostly CA claimants) but then get hit with a false statement penalty of two to five weeks that they need to appeal (unnecessarily) because the employer's version was the the person was fired because (insert lame excuse here). Again, in a discharge, there is NO reason to ever say why because you don't know what the employer is going to actually say and then you risk a false statement penalty when had you said nothing, it would be over, and opening your mouth makes an appeal more difficult.
Wouldn't you telling them you don't know when you were given a letter as to why (even if it didn't make any sense, like in my case) be a false statement?
And I appreciate the information. I would hope this never happens to me again, but yes, it's good to know for friends and family if the need arises.
Wouldn't you telling them you don't know when you were given a letter as to why (even if it didn't make any sense, like in my case) be a false statement?
Surprisingly, no, and you're too focused on the "I don't know," you say what fits so that you don't say anything at all.
Besides the employer saying it, they have to prove it. Your employer could have said, "we fired her for stealing," and you certainly wouldn't want to be denied UI for something that couldn't be proven.
Lots of people can get UI even when they do awful things when they know the process and that the employer carries the burden of proof.
Maybe this will make more sense to you. Let's just say that you missed your deadline by one day and then were fired. You would have probably said that to the UI person, and then you wouldn't have gotten UI. However, missing a deadline by a day isn't always misconduct. You could have said that your employer did everything in their power to make you fail at the project, and it would have carried no weight with the interviewer. Then you're left with your admission to not meeting a deadline, and your employer's nonresponse. You could have had UI if you just kept your mouth shut. Never ignore the possibility that your employer just doesn't care and close that door by stuff that you say.
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