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I worked at a local grocery store as a bakery manager. I needed off a day and my boss would not allow me the day off. I even tried switching a day with another worker of mine and my boss didn't allow it. So I called off work the day I needed off and the next thing I know I'm getting texts from girls at work saying my boss is telling everyone I quit. So I come into work the next day and he stops me and tells me to go home, because I quit. I told him I didn't quit, and he said what I did was basically quit. I was going to keep coming into work but he took me off the schedule.
I applied for unemployment and it was denied, it said the employer provided information that I quit my job. I never told him I quit my job, but he never told me I was fired.
Has anyone ever had this happen? I am going to appeal it but I am stuck as to what I can do to win the appeal. My boyfriend witnissed the phone call when I called off work, so he knows I didn't quit too.
You definitely did not quit. I would fight this hard at the hearing. You would most likely win. One day's absence from work, especially since you called in, is so far from quitting. Your former employer is on the crack pipe.
That's exactly what I said and everyone that I have talked to. I understand I was the manager, but he had plenty of time to fix it before it was even a problem. He said since it was 3 days before a holiday, and the store was going to be busy, that I shouldn't have called in. And him and his daughter, who is a manager in the store (go figure) both tried to say that my actions spoke louder than my words..
Does the unemployment office have to give me the proof,from the employer, as to why it was denied? I feel like if they don't then its fraud, because I should know the reason they denied me.
I can only speak for New York State, but the unemployment hearings are very laid back and pro-employee. If there is a shred of doubt about your unemployment, it usually goes in the employees (you) favor. The burden is on the employer once you agree to the phone conference. As long as you tell the judge that you were "willing and able to come into work", then the employer has no leg to stand on. I was ready to work, but the employer told me no is pretty much an automatic win - theft, voluntarily resignation and some other cases not withstanding.
I was definitely ready to, and willing to work. I just bought a new car and I have a 2 year old at home so there is no way I could quit. I loved the job and the people I worked with, so quitting was not an option. I am going to contact a lawyer too just in case. I don't understand how he could have talked his way out of it..
I needed off a day and my boss would not allow me the day off. I even tried switching a day with another worker of mine and my boss didn't allow it.
I would leave this part of the story out.
Quote:
Originally Posted by civichatch
Does the unemployment office have to give me the proof,from the employer, as to why it was denied?
After you submit an appeal REQUEST, ("the determination dated mm/dd/yy is wrong. I want an appeal hearing scheduled," is sufficient) you'll get a hearing packet or instructions on how to view the hearing file. Then you'll get to see what "proof" there is.
Chances are that your employer will be so busy that he won't be able to attend the hearing, and things will be much more in your favor. If your employer does appear at the hearing, all he needs to do is testify that you called him and said you quit. He might be believed.
I suggest you print out your call records. While they don't show what was said, the time, date, and length of call might speak volumes if the employer tries to say that you told him a novel, and the call was only 1 minute. Also, if the phone number just goes to an answering machine at that time of day, you could prove that with a recording, and then if the employer doesn't produce the message that you left, you might make his testimony look uncredible.
Yes, you can have your boyfriend testify as to what you said while on the call, but just know that's right up there with a note from your mother as to it's weight as evidence.
While your initial decision was that you quit, you do run the risk of being denied for "misconduct," so you really can't tell this whole story. Being fired for calling off work is probably not misconduct, but it could be with the lead up that you provided (I haven't seen a story like this before to see how it might most likely pan out), or if you had a bad attendance record and were on warning.
I think you need to hold off on the attorney until after you see the hearing packet/file and what you can produce for evidence. No reason to spend money when you might have everything you need to do this yourself.
Quote:
Originally Posted by svendrell
As long as you tell the judge that you were "willing and able to come into work", then the employer has no leg to stand on.
Quote:
Originally Posted by civichatch
I was definitely ready to, and willing to work.
Please don't go there. You called off work. That is a meaningless statement, and it smacks of a lie.
You received a written determination:
What does it say after "Issues Involved"
What does it say after "Circumstances of Case"
What does it say after "Conclusion of Case"
and,
What does it say after "Legal Result of Case"
Although it says "quit" the actual wording may indicate something else at play.
You received a written determination:
What does it say after "Issues Involved"
What does it say after "Circumstances of Case"
What does it say after "Conclusion of Case"
and,
What does it say after "Legal Result of Case"
Although it says "quit" the actual wording may indicate something else at play.
Issues Involved - Voluntarily left employment without good cause in connection with the work.
Circumstances of Case - The employer states the claimant quit. The claimant denies the allegation. The employer has provided information that supports the allegation.
Conclusion of Case - The claimant voluntarily left without good cause in connection with the work. The information provided supports the employer's allegation the claimant voluntarily quit. The claimant is ineligible for benefits in accordance with IC-22-4-15-1. In accordance with IC-22-4-15-1(d)1 the employer relieved of charges. Benefits are reduced and suspended as shown below.
Legal Result of Case -
Claimant: Your benefit rights are suspended effective week ending 7/2/2016 until you have earned remuneration in employment in at least eight weeks equal to or exceeding eight times the weekly benefit amout. up to a 25% reduction may be applied to your maximum benefit amount.
Employer: The employer's account will not be charged for benefits paid after 7/2/2016 on wages earned prior to this date.
"The employer has provided information that supports the allegation."
That can mean anything from a signed sworn statement from you that you quit all the way to your manager telling HR that they heard that someone in housekeeping telling someone in sales that they overheard someone in maintenance telling a customer at the gas station that their banker said you quit.
Sounds more like they are saying by asking and getting denied, you quit when you took the day off. Reality is, they terminated you.
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