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Old 10-22-2011, 07:48 AM
 
1 posts, read 5,289 times
Reputation: 11

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My employer laid me off but told unemployment that I quit. I plan on appealing this but I'm not sure how to prove I'm telling the truth. I do have an e-mail from my manager after my lay off asking for the password to my computer and some other request which I answered in a very polite manner and another e-mail to HR regarding my last check which was 3 weeks late, in both e-mails I am very cooperative which if I had quit I would not have been. Is this any kind of proof ? I've also requested from the security office a record of my badge scans to prove that I normally arrived 30 minutes prior to the start time and stayed over nearly everyday ( I was a salaried employee) as my boss had stated when laying me off that I was did not know how to work hard. This encounter happened between just my manager and myself, but there was an employee who was told by my manager that I would be able to collect, now he won't take my calls I'm sure he fears losing his job, I'm number 5 to be let go in a period of 3 months, to my knowledge everyone has been denied benefits.
I would appreciate any help as right now I'm at a loss.
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Old 10-22-2011, 10:44 AM
 
10,218 posts, read 19,094,071 times
Reputation: 10880
Usually you get a letter informing you when you're laid off (even if they also tell you in person). If they didn't give you one (I assume they didn't), I'd guess they planned to cheat you from the beginning.

If you didn't sign anything which said you voluntarily resigned, I think the burden will be on them, but I am not an lawyer.
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Old 10-23-2011, 06:59 AM
 
2 posts, read 6,833 times
Reputation: 10
Usually, people don't appeal after they're denied benefits. It's your best bet to file an appeal by writing a letter stating exactly what happened to cause the separation and follow whatever further instructions the UC has provided you with so the appeal can be complete.

I'm not sure if you communication with your boss will prove much but If I were you I would include all that I have along with the appeal.

You clocking in early and staying late will really hold no weight because you were salaried and thats just what salaried employees do.
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Old 10-23-2011, 07:10 AM
 
Location: New Jersey/Florida
5,815 posts, read 12,570,869 times
Reputation: 4409
I guess it's too late, but u should have requested it in writing and continued to show up for work. You said he did this to 5 people already. I would certainly appeal this. List the 5 people as witnesses.
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Old 10-24-2011, 10:07 AM
 
Location: Mesa, AZ
5 posts, read 10,737 times
Reputation: 11
If there's 5 of you then you should all get a lawyer and file a lawsuit.
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Old 10-24-2011, 10:34 AM
 
391 posts, read 1,470,662 times
Reputation: 222
What is the motivation of an employer trying to deny someone unemployment benefits?
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Old 10-24-2011, 10:47 AM
 
572 posts, read 2,014,533 times
Reputation: 341
It costs the employer money when they have to pay out an unemployment benefits request.

Quote:
Originally Posted by Hal Jalikeakick View Post
What is the motivation of an employer trying to deny someone unemployment benefits?
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Old 10-24-2011, 11:47 AM
 
50,085 posts, read 35,727,051 times
Reputation: 76061
Quote:
Originally Posted by JCK7778 View Post
It costs the employer money when they have to pay out an unemployment benefits request.
But regardless of reason, the person will still get it after the 6-week penalty period, even if they quit or got fired...and then you get it 6 weeks longer, so it's the same amount of money. So I don't see how it saves employers anything, either.
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Old 10-24-2011, 12:01 PM
 
525 posts, read 895,670 times
Reputation: 420
Quote:
Originally Posted by ocnjgirl View Post
But regardless of reason, the person will still get it after the 6-week penalty period, even if they quit or got fired...and then you get it 6 weeks longer, so it's the same amount of money. So I don't see how it saves employers anything, either.
What???? Please explain this rule.
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Old 10-24-2011, 12:39 PM
 
572 posts, read 2,014,533 times
Reputation: 341
If you quit or were fired they can deny you period...no 6 week waiting period.

Quote:
Originally Posted by ocnjgirl View Post
But regardless of reason, the person will still get it after the 6-week penalty period, even if they quit or got fired...and then you get it 6 weeks longer, so it's the same amount of money. So I don't see how it saves employers anything, either.
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