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In some, an employer that fires you even 1 minute before you said you would quit, and the employer just turned a quit into a discharge because being fired for quitting is not misconduct.
In others if you quit, and the employer pays you through your last day, then it's a quit, but if you suffer a wage loss, then it's a discharge.
Then there are states that use the time element. AZ and TX is 14 days, WA is three weeks.
As you can see, you need to find this out for NM because it might give you an extra prong to work with, but when you don't know or can't find out, then you must go with the most restrictive or you might ruin it for yourself.
I will search for that answer by Monday since its the holidays.
The employer could say, "william07 came to me and said he was going into the military and that he'd be quitting at some time." While based on what you said it's a lie, it's the kind of lie that would support a finding that you quit.
If the employer says that, how do I defend against that? I know you said that the only person that can confirm is myself. I could ask CEO when I went up to him and said that. I already stated in a rebuttal document that "In Aug I signed up to join military and said I would give a month notice. I'm not in the military and I don't have orders to this day." I could say that I was denied entry into the military in Aug and notified my employer that I was denied entry and would be staying with the company. That was the last of the military talk. Again that was in the text that I am not going to bring up into evidence. Then I was fired in Oct
You say nothing and stop worrying about what if's.
Right now you're in evidence mode. Your employer must prove that you resigned to join the military and you last day was X.
Since you never gave a resignation, it will come down to someones's statement.
So, evidence:
Who can they produce to say you gave notice on Y date that your resignation is effective X date?
For each person you list, write why that person can provide a statement to satisfy the notice and date requirement.
You say nothing and stop worrying about what if's.
Right now you're in evidence mode. Your employer must prove that you resigned to join the military and you last day was X.
Since you never gave a resignation, it will come down to someones's statement.
So, evidence:
Who can they produce to say you gave notice on Y date that your resignation is effective X date?
For each person you list, write why that person can provide a statement to satisfy the notice and date requirement.
I see what you are saying. I don't believe the employer or anyone can say "William said on Y date that he plans to resign on X date to join the military." If that was it I wouldn't be worried. It is the intention part
Reasoning and Findings
You left your job when you gave notice to your employer of your intention to resign and your employer accepted your resignation at his convenience. Your reason for leaving does not constitute good cause connected with the work. You chose to submit your notice of your intent to resign to enter the military and the Employer accepted the notice at their convenience which they have that right to do so.
It's the intention part. I'm sure employer will say "William said he is going to join the military at sometime" What do I say? "No I'm currently looking for another job, company, and career to stay with. I am not in the military. I have no dates or orders." It's just really hard for me to wrap my head around say nothing. Really just say nothing? Like "I have no comment" and that would win?
Don't know if I should mention that all this military talk was in the beginning of Aug and I did mention I would stay with the company on Aug 4. I didn't say anything else since Aug. I was then fired in Oct.
If I could figure that out then anyone else like the manager will saying "William said he is going to join the military at sometime" wouldn't be a huge issue right?
Or should I not worry about the intention part of the wording in the determination?
Last edited by william07; 11-22-2016 at 08:08 PM..
These initial decisions are written by people that quite often don't know what they are doing. You've just got to stop talking about this military stuff. The more you talk about it, the more I think maybe you really did quit.
You keep letting stuff slip. First it was about the text, and now there is the "rebuttal document."
As to the response, you say, "I never said that," and hope you are believed.
These initial decisions are written by people that quite often don't know what they are doing. You've just got to stop talking about this military stuff. The more you talk about it, the more I think maybe you really did quit.
You keep letting stuff slip. First it was about the text, and now there is the "rebuttal document."
As to the response, you say, "I never said that," and hope you are believed.
Slowly understanding this
Ok so when the ALJ ask if I resigned or had intent to resign or said this or that, say no I never said that.
Will the ALJ look at the rebuttal document or any documents I submitted before? Does it have to be admitted into evidence?
What REBUTTAL DOCUMENT are you talking about? If you did not resign, you have nothing to provide in advance. You can't have a rebuttal until you know what the employer says!
What REBUTTAL DOCUMENT are you talking about? If you did not resign, you have nothing to provide in advance. You can't have a rebuttal until you know what the employer says!
Maybe it called something else then. I filed for unemployment saying I was fired and replaced. Nothing else. Waited for employer to submit why I was discharged. Fact finding was incomplete for 3 weeks. I got a phone call from unemployment saying it was a fact finding call and if I had a rebuttal to the employer stating "William resigned to join the military." I stated "In August, I told them I signed up and would give notice. I don't have a date (orders)" It doesn't state that I gave notice, only that I would give notice and did not give notice. It was a statement taken on the phone by unemployment and probably recorded. unemployment submitted it as custom fact finding. Maybe called the phone interview because that was the only time I received a call from them about my case.
Would the employer have to submit it? I don't see how the employer could of got this statement since I did not see anything else from employer.
Can the ALJ ask me about it if it isn't submitted in evidence?
If its asked by the ALJ or in evidence, I just say that "In August I only applied and would give notice" which is what it states and nothing else. I never gave notice and verbally told them I would stay with the company on Aug 4
Last edited by william07; 11-22-2016 at 09:39 PM..
I just say that "In August I only applied and would give notice" which is what it states and nothing else.
If it's not in writing, you can say you never said that, and don't say that stuff about "Aug . . . ."
Pretend that your employer said he was firing you because you were going into the military, but now imagine that you NEVER even tried to get in the military. Think about how you would react if it was a total untruth. That is how you need to act at this hearing. You can't say some of this stuff you want to say to weasel out of it because by doing it, you're kind of hinting that you might very well have joined the military.
You were fired. Now, let the employer try to prove that you quit. Do not help the employer prove that you quit. Impede the employer in proving it.
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