contesting unemployment benefits (Lewis: apartment, renting, attorney)

[jazzyj19]

Originally Posted by Kefir King

jazzy,
I take it this is a continuation of your former thread:
//www.city-data.com/forum/new-y...efits-nys.html

So now your employer who said " "You were fired" must prove to UE that you were "fired for cause" and they must prove it. If it was because of illness that is NOT cause and you will get your benefits.

Do not be frightened by any determination against you because they will hear only the doctor's side. Immediately as for a judicial hearing and you present your evidence to an administrative judge.

I don't think you can get any public assistance while the determination is pending.

Did your employer give you NO reason for firing you? Even if it is something like: "she couldn't do the work" would fall flat on its face because they REHIRED you knowing how you worked.

My guess is that they will try "She didn't show up for work nor did she call." Any evidence that you notified them will make your case. Check for old e-mails, etc. Assemble any doctor's records.

From my experience with friends I think that UE EXPECTS employees to lie and they give the benefit of the doubt to the person who was fired.

But right now you need do nothing until they make a determination.


A friend was called by his employer and told NOT to report for work on Monday...his services would not be needed any longer. She left this message on an ANSWERING machine (an old Panasonic model that recorded on tape.)
She insisted to UE that he had QUIT. It went to a judge and friend brought the tape in and played it for the judge...who laughed out loud.

He of course WON, and in a just world the old bat that lied should have been locked up for FRAUD...but there is no penalty for lying employers, so they LIE.

No. The office Manager didn't give me a reason only that the head doctor told her to tell me "Tell Her thank you for your services but we won't be needing you anymore". That was it. They mailed me my last check and that was it. When i went online to renew benefits there was a whole questionnaire about why there was a break in claim. So i answered truthfully and my claim is open and ive been certifying for the last 2 1/2 weeks but no cash is released. I have an appointment tomorrow to go to the standard unemployment appointment for 2hrs and hand in my resume and speak to a UE job counselor. The claim has been passed on to an investigator. The thing is I worked for this particular office BEFORE for 4 YEARS. If i was a horrible employee before why rehire me? Wjhat's even more weird is that the hiring doctor was one of the same doctors who was there when i was employed and he DID NOT remember me. Its a very small office with only 4 staff members and 3 doctors. How could he not remember someone who worked front desk for his office for 4 YEARS??? The Office manager was very abusive to me in the short time that I was there ..called my son a racial slur and verbally harassed me for the Month that i was there. If i was never an asset to the office ..why rehire me?I even offered to come back in that monday extra early and stay late during the week to make up hours. I just don't get it.

[Kefir King]

Just keep filing as scheduled every week.
Sorry you have to wast that day tomorrow. I got a kick out of one counsellor who said "If we had any real jobs to recommend do you think we'd be working HERE?"

Don't worry, it will work out.

[jazzyj19]

Originally Posted by Kefir King

Just keep filing as scheduled every week.
Sorry you have to wast that day tomorrow. I got a kick out of one counsellor who said "If we had any real jobs to recommend do you think we'd be working HERE?"

Don't worry, it will work out.

Thanks..I hope so.

[jazzyj19]

Originally Posted by mathjak107

employers have to get alot smarter too and until they do employees have to make sure employers arent making errors in judgement..

take a look in most employee manuals under sick days and they basically all are full of issues.

some like mine say you get x amount of sick days , you get paid for what you dont use at seperation and after 3 days out in a row they can ask for a doctors note.

pertaining to joe above thats useless info in that manual that offers an employer no options to control situations. .

so how should it read to be correct?

it should define a sick day .
a sick day is to be used for medical , dental, opthomology issues and any other situation with employer approval .

it should state the penalty for lying when you take a sick day.

it should require a note with an explanation as to why your out each time.

in the above example with joe you can document and show joe, you werent out because of your IBS , your notes say you had a headache, you stubbed your toe, you had food poisoning etc. now joe cant claim all those days were a disabilty.


catch joe going to the golf course while claiming a sick day and you can fire joe for lying. his disability isnt even a factor.


until employers smarten up employees have to make sure that if they are fired for absentisim that its to the letter of the law.

I was genuinely sick and I have documentation. The nurse was gone from the office for 2 daYS because the Physicians assistant who is not the manager decided she could take 2 days off because the PA was going to be out all of next week and the schedule was going to be too hectic and the nurse deserved a break. This was NEVER the ways things were run when i was there as an employee for 4 years. I was left in an office by myself on a fridaY WITH NO OFFICMANAGER, Nurse ot PA. Thankfully no patients are seen on Friday afternoons. How are things run like this???It blows my mind.

[jazzyj19]

I was out sick for 2 days but I had documentation and I let the office know that i would be back on that Monday and I would try to make up any hours i missed. I was called by the office manager and was told that the Dr. was asking for me and told her to tell me "Thank you for your services but we won't be needing your services anymore". Mind you i used to work for this same Dr. office for 4 yrs and they let me go in January of 2011. They hired me back 1/20/2012 and let me go 2/21/2012. I called UE and i asked why they were contesting the Tel service operator tells me they"re answer was "Because she was fired". I was told that it is being handed over to an UE specialist ..its been 3 weeks since i was let go ..what other resources can i look for in the meantime for food ,rent ..I'm at my wits end.

I am very scared about what will happen to me ..bills are piling up...im looking for work but nothing yet....

I put up a post similar to this one before but i can barely sleep and im just not sure what to do...

[StaggerLee22]

I'd call 311 and ask them where to turn.
This is NYC and there is help out there....you just gotta find it.
Good luck.

[mathjak107]

Originally Posted by jazzyj19

I was out sick for 2 days but I had documentation and I let the office know that i would be back on that Monday and I would try to make up any hours i missed. I was called by the office manager and was told that the Dr. was asking for me and told her to tell me "Thank you for your services but we won't be needing your services anymore". Mind you i used to work for this same Dr. office for 4 yrs and they let me go in January of 2011. They hired me back 1/20/2012 and let me go 2/21/2012. I called UE and i asked why they were contesting the Tel service operator tells me they"re answer was "Because she was fired". I was told that it is being handed over to an UE specialist ..its been 3 weeks since i was let go ..what other resources can i look for in the meantime for food ,rent ..I'm at my wits end.

I am very scared about what will happen to me ..bills are piling up...im looking for work but nothing yet....

I put up a post similar to this one before but i can barely sleep and im just not sure what to do...

basically in new york you can be terminated for any reason. just as you can leave at anytime the employer can terminate your working there.

the issues an employer has is there are some reasons you cant be terminated at will but a smart employer will not use one of those reasons that can raise a red flag.

it seems from what your saying they didnt give you the reason as being absent.

if its nothing you did on purpose to get yourself fired i cant see them denying you un-employment. i guess you will find out at the hearing what their reason was.

without all the details about why you were "fired" i dont think anyone can really provide you with an answer.

[Kefir King]

This might be helpful:

<H3>If an Employee Is Fired

Fired employees can claim unemployment benefits if they were terminated because of financial cutbacks or because they were not a good fit for the job for which they were hired. They can also receive benefits if the employer had a good reason to fire the person but the infractions were relatively minor, unintentional, or isolated.
In most states, however, a fired employee will not be able to receive unemployment benefits if he or she was fired for "misconduct." The trick lies in figuring out which reasons to fire are serious enough to qualify as misconduct and justify denying benefits.
Common actions that often result in firing but do not constitute misconduct are poor performance because of lack of skills, good faith errors in judgment, off-work conduct that does not have an impact on the employer's interests, and poor relations with coworkers.
On the other hand, actions that constitute misconduct are those in which an employee willfully does something that substantially injures the employer's business interests. Revealing trade secrets or sexually harassing coworkers is misconduct; simple inefficiency or an unpleasant personality is not. Other common types of misconduct include extreme insubordination, chronic tardiness, numerous unexcused absences, intoxication on the job, and dishonesty.
What qualifies as misconduct is a matter of interpretation and degree. Annoying one coworker might not be misconduct, but intentionally engaging in actions that anger an entire department even after repeated warnings might be.

</H3>

[likeminas]

I think your claim should go through.
while true that in 'at-will' state like NY you can be terminated at any time, for any reason.
it looks really bad on the employer when they do so while you're out sick, AND you can prove it with a doctor's note.
Like I said before, if you have no other issues, like insubordination write-ups, or undocumented sick leave, you should be able to collect UI benefits.
As far as applying for other benefits, check out this page
\Benefits.gov - Your Path to Government Benefits
you might be able to receive other kind of assistance depending on your income and other circumtances.

Good luck!

[Kefir King]

And there is a BIG difference between an employer being able to fire a person on a whim, and the standards by which employees retain the right to collect UI as a consequence of that firing.

In my experience, the onus is on the EMPLOYER to prove a case of "fired for cause."