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I disagree with Bunny and I am also from a highly liberal state. But NY state loves to deny UI. I would be VERY VERY concerned about signing something saying I resign. I can see the state saying this is all they need as proof that you are at fault for you being unemployed as you left your job. Saying you were forced to resign is just your word against theirs.
And as for the "not contest your UI", well I don't want to stress you out but if you are ever in this situation again please go with the mindset that they will ALWAYS fight the UI if they think they can and HR is there to protect the company, not the employees.
And in NY state it is next to impossible to contact someone from UI. I would recommend that you also contact some legal representative, does Florida have some sort of legal aid? You might have a time frame in which you can rescind your resignation if you decide this is not a great option.
Remember they have lawyers and have been through this many many times. They know how to manipulate the system.
Well, this is all moot now as the OP signed, but the one poster in particular that I dare not speak your name, you are mistaken.
If one is terminated and files for UI and the employer does not contest, they will receive UI. There is no automatic review. If there were, no one would qualify.
PS - Refusal to sign an acknowledgement of a disciplinary warning may in some cases be considered insubordination. Refusal to sign a termination is not insubordination. You are already being terminated for whatever reason. You cannot be more terminated because you decline to sign your termination notice.
FL is an at-will state. They do not need a reason to fire her. Obviously for whatever reason they found it more favorable to the company for her to voluntarily resign. I always feel bad for people who have their arms twisted this way.
If the employer does not contest, Florida UI will still send it to a phone interview and review to determine if the employee was at fault. This is where OP needs to handle their portion correctly or they will talk themselves into a denial even if the employer does not contest.
Straight from the Florida Information Website:
"After the monetary determination is issued, then the reason for separation from the last employer must be reviewed with the claimant and employer to determine eligibility for benefits. (This is the part where OP can cause him/herself issues. Even if the employer does not contest, if OP gives FL reason to deny in the interview, they will) If you have not earned seventeen times your weekly benefit amount with your last employer, the reason for separation from your next to the last employer may also affect your eligibility for benefits. An individual can receive benefits if separated from the job through no fault of their own.
An individual may be eligible for benefits if the discharge was for reasons other than misconduct. Misconduct is defined as intentional or controllable acts or failures to take action, which show a deliberate disregard of the employer's interest. Inefficiency, unsatisfactory job performance, inadvertencies or ordinary negligence in isolated instances or good faith errors in judgment or discretion are not deemed to be misconduct within the meaning of the law."
Unfortunately, I 've already signed I feel under duress. They promised they would not contest. They signed and so did I. They said if I didn't, I would be terminated and get nothing. It is what it is. I will find out more tomorrow.
First, come clean: why did they fire you?
Second, if it isn't for a gross violation, you haver some grounds upon which to stand. Not the least of which is that your most recent "employee reviews" were all satisfactory. Empoyers are not stupid and they know the law. They don't just can people out of the blue, especiually if their track record is good.
Third, you need to check the history of the Company in these matters. I worked for a firm that had a bad incident before i got there, and it empowered a woman that i fired for cause to come back and sue me and the firm--just because the firm had previoulsy had a sexual harrassment suit go against them. My I's werre dotted am my T's were crossed, so she didn't have a leg to stand on, and we won hands down.
Lastly, even if you have signed something, you must get in front of a good labor lawyer and discuss the options with them. If you got canned over the FMLA thing, or otherwsie were a good employee and they just kicked you out, that doesn't fly in todays world.
It all starts with what you know in your heart to be the truth. Poor sales record, and one good month? Cheating on expense records? Harrassment? Talking trash about the Company? Drugs? Sorry to be harsh, but there is more here than what we are being told, or else you have a very good case with which to collect a lot of money.
There are no guarantees, WH is a great fact finder and the cost of the investigation has been prepaid via Federal taxes. So what if WH cannot prove the violation? The only reason why recovery can take a long time is if litigation is required to enforce the act. If WH supports the claim it is rare that an employer goes that route.
I agree with others, don't write a letter of resignation. What you have is a constructive discharge. Be sure to gather up copies of your performance appraisals, your sales statistics if possible, documentation that you approached them for FMLA type leave; names, addresses and phone numbers of co-workers you may want to use for references. Once you are fired that material may disappear. Grab it ASAP.
Second, if it isn't for a gross violation, you haver some grounds upon which to stand. Not the least of which is that your most recent "employee reviews" were all satisfactory. Empoyers are not stupid and they know the law. They don't just can people out of the blue, especiually if their track record is good.
Third, you need to check the history of the Company in these matters. I worked for a firm that had a bad incident before i got there, and it empowered a woman that i fired for cause to come back and sue me and the firm--just because the firm had previoulsy had a sexual harrassment suit go against them. My I's werre dotted am my T's were crossed, so she didn't have a leg to stand on, and we won hands down.
Lastly, even if you have signed something, you must get in front of a good labor lawyer and discuss the options with them. If you got canned over the FMLA thing, or otherwsie were a good employee and they just kicked you out, that doesn't fly in todays world.
It all starts with what you know in your heart to be the truth. Poor sales record, and one good month? Cheating on expense records? Harrassment? Talking trash about the Company? Drugs? Sorry to be harsh, but there is more here than what we are being told, or else you have a very good case with which to collect a lot of money.
They told me although I had one good month, it was because of my past performance, etc. I don't think they are telling me everything. I have never cheated on expense reports. No to harassment. It was a VERY high stress position but I feel that I was ALWAYS professional with our clients. No to drugs, etc. The work load was incredible. I found it very hard to keep up with the demands, reports, etc. I always did my best but it was never good enough. And then the FMLA request. I had several because I have a parent that is not well. I know they didn't like this.
They told me although I had one good month, it was because of my past performance, etc. I don't think they are telling me everything. I have never cheated on expense reports. No to harassment. It was a VERY high stress position but I feel that I was ALWAYS professional with our clients. No to drugs, etc. The work load was incredible. I found it very hard to keep up with the demands, reports, etc. I always did my best but it was never good enough. And then the FMLA request. I had several because I have a parent that is not well. I know they didn't like this.
That right there is what you tell UI. Nothing else. NOTHING about feeling over your head, the FMLA requests, etc.
And, they will ask you something to the effect of "what was the incident immediately before termination?" and even if there was, you state that you were doing your best, and having your best month, and that you are not sure. They said performance, but you don't understand because you were having your best month and DOING THE BEST YOU CAN!!!
If the employer does not contest, Florida UI will still send it to a phone interview and review to determine if the employee was at fault. This is where OP needs to handle their portion correctly or they will talk themselves into a denial even if the employer does not contest.
Straight from the Florida Information Website:
"After the monetary determination is issued, then the reason for separation from the last employer must be reviewed with the claimant and employer to determine eligibility for benefits. (This is the part where OP can cause him/herself issues. Even if the employer does not contest, if OP gives FL reason to deny in the interview, they will) If you have not earned seventeen times your weekly benefit amount with your last employer, the reason for separation from your next to the last employer may also affect your eligibility for benefits. An individual can receive benefits if separated from the job through no fault of their own.
An individual may be eligible for benefits if the discharge was for reasons other than misconduct. Misconduct is defined as intentional or controllable acts or failures to take action, which show a deliberate disregard of the employer's interest. Inefficiency, unsatisfactory job performance, inadvertencies or ordinary negligence in isolated instances or good faith errors in judgment or discretion are not deemed to be misconduct within the meaning of the law."
Is not being able to keep up with their demands and work load considered misconduct? Is not being able to meet their sales goals monthly considered misconduct?
Is not being able to keep up with their demands and work load considered misconduct? Is not being able to meet their sales goals monthly considered misconduct?
Misconduct has an intent requirement. So not being productive enough or failing to meet sales goals is not misconduct. Setting a bomb off or falsifying mileage records, for example, would be considered misconduct.
Is not being able to keep up with their demands and work load considered misconduct? Is not being able to meet their sales goals monthly considered misconduct?
No. Not even a little. But when you mention those kinds of things, it leaves an opening for the UI people to find that you were not doing the job to the best of your ability. If you say the expectations were high and they ask you if you always tried to meet them and you are honest and say there were times when you got discouraged...well all of a sudden UI has a reason to deny, to say that you did not always do your best.
The way UI works, in a nutshell...
The company hires employees and expects them to follow their rules and policies. The company is free to make any rules and demands on the employees that they wish and is free to fire at will (except in Montana but that is not the point here). UI exists to compensate employees who did their absolute best but were not able to meet the standards of the company.
The secret is to make sure that FL UI people are fully aware that you did the best you could. At all times.
MaryleeII:
I can't speak to FL directly, but that statement that you do not get UI if you quit, is not 100% accurate. If you were forced to resign, you may still be eligible for UI - if you can PROVE you were forced to resign. It happened to me (in KS) and I was able to qualify for UI.
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