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Old 04-13-2018, 06:50 AM
 
Location: New Jersey
7 posts, read 3,590 times
Reputation: 10

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In the state of new jersey. My boss terminated me for not wanting to sign a warning that i did not agree with. She told me if i did not sign it i would be terminated. I told her i has my right and i didn't have to sing it. She told me to come pickup my final check the next day. And as I walked out she told me to come back and get my final check the same day. At this moment I didn't go back cause I felt uncomfortable with the situation and felt like a hostile work environment. I sent her an personal email documenting the incident. Which she lied and stated that she was confused and she never said that. She said that she expected me to show up the next day. If i didn't got in she would consider it as my resignation.

I responded to the email that she terminated me and that i was not resigning. That she was trying to be manipulative and it was a hostile environment. That i was going to do what exactly she said. And when i went to get my final check she was not in the office. My office manager took the office keys. Told me to get my belongings and gave me my check.

Now she told unemployment that i quit, which i did not. Unemployment is saying that she told me to go in to work and didn't. That i didn't try to save my job when she terminated me. And when i went to get my final check she was not in the office.

PLEASE HELP ME. WHAT SHOULD I DO
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Old 04-13-2018, 08:26 AM
 
14,500 posts, read 31,128,973 times
Reputation: 2562
Mind you, you told this story. These are your words.

Quote:
Originally Posted by Drzmozzwanted2988 View Post
if i did not sign it i would be terminated.
These are your words - you would be fired, in the future. You have to already be fired.

Quote:
Originally Posted by Drzmozzwanted2988 View Post
She told me to come pickup my final check the next day. And as I walked out she told me to come back and get my final check the same day.
Sounds like she wanted you to come in.

Quote:
Originally Posted by Drzmozzwanted2988 View Post
At this moment I didn't go back cause I felt uncomfortable with the situation and felt like a hostile work environment. I sent her an personal email documenting the incident.
People that are fired don't say things like hostile work environment, people that quit do that.

Next time you are fired from your job, you tell the UI people you were "fired," and shut up. All by yourself YOU used words to confuse the issue.

If you get denied because you "quit," then you appeal the denial. "The determination dated mm/dd/yy is wrong. I want an appeal hearing scheduled."

Then at your hearing, you say you were "fired," and shut up, and don't tell this damning story. Then pray your employer doesn't come to your hearing, and that none of this story was written by you on any piece of paper that the hearing officer sees at your hearing.
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Old 04-13-2018, 09:00 AM
 
Location: New Jersey
7 posts, read 3,590 times
Reputation: 10
Yes, thank you it was denied. I sent for an appeal. The determination date is wrong on there file. They have the date that she she told me to come in to work on email. She sent me an email at 6:54am and i did not reply to the email until 11:15am. My regular work schedule to come in was 8:30am. I did not receiveed a call or messages when that time came. She is trying to work the system so she won't have to pay taxes.

The letter that she wanted me to sign was about lateness. She wanted me to come into 30-15 min before work and not pay me for it. I told her that you dont pay me for that time. And at first i would come in. But how much of my time i would give her. Also when it came to the end of the day if i was not done and had to stay up to 20min i was not paid. I worked in a small doctors office and almost never done on time
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Old 04-13-2018, 09:38 AM
 
14,500 posts, read 31,128,973 times
Reputation: 2562
The more you type, the more I think you quit. You need to STOP with the extra information. People QUIT when they work time that they don't get paid for. What are you trying to accomplish here? Prove that your boss was terrible, or that you were fired so you can get the UI money?
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Old 04-13-2018, 09:39 AM
 
13,142 posts, read 21,077,639 times
Reputation: 21460
Here's the issue as I see it, your employer wasn't very smart. If the company policy is to sign the warning acknowledging receipt not necessarily agreeing to it, refusing was enough to terminate you or cause and get your unemployment denied. They should have left it on that note and not complicate it even more.

So, what may have happened was they told you to come back the next day to get your check, but they may have been required by law to pay your final pay that day. That is why they changed it from "come in tomorrow" to "come back today". Now that was where you messed up. Had you come back, got the check you would have had proof you were fired. A slight error on your part.

But, if you did come back the next day and got your finial check, what was the date on that check? This is important because if the check was dated the day you were terminated, why did they cut you a finial check the day before you supposedly resigned? Hopefully you made a copy of that check.
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Old 04-13-2018, 10:37 AM
 
Location: New Jersey
7 posts, read 3,590 times
Reputation: 10
Yes i see what you are saying. Yes, i should of gone back. I'm explaining more the situations and you can understand. For example pay check was form 1/12/18-1/25/18. I was let go on 1/25/18 and payday was 1/26/16. Checks where made with company checks and had emails of pay check deductions. So on 1/26/18 was a new pay cycle. And unemployment is saying that i quit do to the email. I sent her a email to document her firing me. And her response was (I’m extremely Confused as you were not terminated. There was no verbal or written communication, which is a lie).You are scheduled to work today and the following weeks as normal as there is no verbal or written discussion to prove otherwise. If you simply come to work to pick up your paycheck and drop of your keys and not work the scheduled work hours 9-1, I will consider this your resignation .
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Old 04-13-2018, 10:52 AM
 
Location: New Jersey
7 posts, read 3,590 times
Reputation: 10
Yes i see what you are saying. Yes, i should of gone back. I'm explaining more the situations and you can understand. For example pay check was form 1/12/18-1/25/18. I was let go on 1/25/18 and payday was 1/26/16. Checks where made with company checks and had emails of pay check deductions. So on 1/26/18 was a new pay cycle. And unemployment is saying that i quit do to the email. I sent her a email to document her firing me. And her response was (I’m extremely Confused as you were not terminated. There was no verbal or written communication, which is a lie).You are scheduled to work today and the following weeks as normal as there is no verbal or written discussion to prove otherwise. If you simply come to work to pick up your paycheck and drop of your keys and not work the scheduled work hours 9-1, I will consider this your resignation .

And as per the employee manual It does state that you have to be there 15 to 30 minutes prior to work. However It does not state that you won't be paid for this time. I worked from the time i walk in to the office. And was not told that that the 30min was not paid until my 2 weeks of working in the office when i went to give in my time. There was no proper time sheets of my recording of coming in time , o ly but the cameras. However employ manual was not given to me on date of hired. And the state of new Jersey state's that if u are an hourly paid worker that u must get paided for every time you work... this is so frustrating to me. I'm pretty sure if I was told this prior to being hired I would not take in the offer.
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