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So, long story short, I got fired today from a job I loved. I was there more than five years.
I live in NY so whether the reasoning behind the firing was just/unjust fair/unfair, etc. has no bearing. My immediate supervisor hired a female and they began a relationship outside of work. It began to effect team morale and everyone felt pretty on edge about the whole situation. Me having seniority on the shift led people to come to me to go to our department manager to do something.
It was a mess. He said, she said and then I took the fall.
I had never been disciplined and I'm a good worker. My manager and the head of HR excused themselves in the middle of firing me, and offered to accept my resignation instead, effective immediately. Apparently they waited to see if I would accept my fate professionally, which I did. They also said they would authorize unemployment benefits and my manager wrote me a recommendation letter and said any calls he received he would give me a good reference, explaining that he would tell them 'he wasn't sure why I left'.
I was the defacto supervisor on the shift, as our actual supervisor was off with this co-worker. I was respected among my peers and I'm feeling really upset but I've shoved all those bad emotions into a neat compartment in my brain and I am ready to get to work first thing in the morning finding a new job.
My wife had a baby four months ago. She's freaking out. I'm trying my best to comfort her. I told her I wouldn't be out of work long and I will find something quickly.
In all honesty I'm freaking out inside but I'm trying to hold it together.
Any suggestions/tips/encouragement for a less-then-24-hour fired/forced resignation worker?
It's not your employer's decision if you get unemployment or not, that is the determination of the Sate of NY based on their regulations. Quitting employment is a disqualification and results in a denial of benefits unless you have "Just Cause" to quit as defined by NYS. Just cause are items like being asked to commit illegal acts, subject to a HWE, not being paid, unsafe or hazardous condition the employer refuses to fix, etc., etc. Based on what you wrote, they scammed you into a resignation to avoid having to pay increased unemployment taxes knowing a "Quit/Resignation" will result in a denial.
Now, although they pulled a fast one over on you and you took the bait, there is still hope. A NYS Appeal Board Case from the 1940's is still applicable today if you're smart enough to pull it off. That case essentially said that if you can show by compelling evidence that your resignation was in lieu of being fired, you did not really quit voluntarily but rather did so while under emotional duress. So, since the resignation/quit wasn't voluntary, it becomes a dismissal which would be adjudicated as a firing. It is ever so much easier to win unemployment when fired versus when you quit.
So, before you apply for unemployment, you had better know the processes and procedures if you want to see some money. How do you want to proceed?
It's not your employer's decision if you get unemployment or not, that is the determination of the Sate of NY based on their regulations. Quitting employment is a disqualification and results in a denial of benefits unless you have "Just Cause" to quit as defined by NYS. Just cause are items like being asked to commit illegal acts, subject to a HWE, not being paid, unsafe or hazardous condition the employer refuses to fix, etc., etc. Based on what you wrote, they scammed you into a resignation to avoid having to pay increased unemployment taxes knowing a "Quit/Resignation" will result in a denial.
Now, although they pulled a fast one over on you and you took the bait, there is still hope. A NYS Appeal Board Case from the 1940's is still applicable today if you're smart enough to pull it off. That case essentially said that if you can show by compelling evidence that your resignation was in lieu of being fired, you did not really quit voluntarily but rather did so while under emotional duress. So, since the resignation/quit wasn't voluntary, it becomes a dismissal which would be adjudicated as a firing. It is ever so much easier to win unemployment when fired versus when you quit.
So, before you apply for unemployment, you had better know the processes and procedures if you want to see some money. How do you want to proceed?
Well, it's not a done deal yet. I have until tomorrow, (Friday) to submit my resignation or it will be a termination.
Either way I technically don't qualify for benefits.
However, according to the head of HR that I spoke with, NY approves all claims, and then sends a letter to my previous employer and then they have a choice to contest it for whatever reason. He said that as a courtesy they will not contest the claim.
There is absolutely no requirement for an employer to provide a reason to terminate an employee in New York State, or most other states. Without extenuating circumstances NY will not pay unemployment to a worker who quits their job.
(Regardless of what anyone from the Midwest might advise.)
Well, it's not a done deal yet. I have until tomorrow, (Friday) to submit my resignation or it will be a termination.
Either way I technically don't qualify for benefits.
However, according to the head of HR that I spoke with, NY approves all claims, and then sends a letter to my previous employer and then they have a choice to contest it for whatever reason. He said that as a courtesy they will not contest the claim.
Are they offering you severance in order to submit your resignation?
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