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Old 03-09-2012, 11:28 AM
 
270 posts, read 379,244 times
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my former employer is contesting my unemployment claim. What happens now?what should i do?
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Old 03-09-2012, 11:41 AM
 
Location: Dallas, TX
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not much you can do actually.
an investigator from the labor dept, will interview both; employer and employee, will gather both accounts, facts related to your employment there and finally made an eligibility decision based on thos things.

What were you laidoff/fired for?
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Old 03-09-2012, 11:47 AM
 
270 posts, read 379,244 times
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Quote:
Originally Posted by likeminas View Post
not much you can do actually.
an investigator from the labor dept, will interview both; employer and employee, will gather both accounts, facts related to your employment there and finally made an eligibility decision based on thos things.

What were you laidoff/fired for?
Honestly, I dont even know. 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".
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Old 03-09-2012, 11:58 AM
 
Location: Dallas, TX
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judging by the way you present the story, I think you should have a good case.

The only way I see this going the wrong way for you, is if the employer can document frequent un-documented absences, insubordination or something along those lines.
but you have any of them, you should be fine.
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Old 03-09-2012, 05:48 PM
 
270 posts, read 379,244 times
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Quote:
Originally Posted by likeminas View Post
judging by the way you present the story, I think you should have a good case.

The only way I see this going the wrong way for you, is if the employer can document frequent un-documented absences, insubordination or something along those lines.
but you have any of them, you should be fine.
I have been actively looking for work but I'm wondering in the meantime..can I apply for public assistance while my claim is being investigated?
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Old 03-11-2012, 05:43 PM
 
Location: Manhattan
24,762 posts, read 34,753,161 times
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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.
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Old 03-11-2012, 06:00 PM
 
98,765 posts, read 97,940,163 times
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something tells me if the employer is contesting this there may be more to it than we know.

the flip side of this though is that the laws and pitfalls of those laws make the chances an employer will screw up greater and greater .

in the old days if someone was excessively out you fired them . today anything can be considered a disability . having chronic issues with your teeth or IBS , thats a disability.

instead of firing them you have to offer them family medical leave first.

the problem is employers themselves dont really know what they can do and cant do. company employee manuals are ofton vague and full of loopholes and that hurts employers .

take for example joe in your warehouse is out 14 days and you tell him you cant go on like this, anymore missed time and i have to let you go. so 2 weeks later joe is out ... you try to fire him and joes says he was out 14 days because he has IBS .

bingo joe cant be fired, you have to allow joe to go out on medical leave.

so joe comes back 2 weeks later and says im cured and im back. now what do you do when he is out again? more medical leave.

you can try to make up a different reason for firing joe but joe gets a lawyer who tells the judge how you tried to get rid of joe for his disabilty last month so this is just a continuation with a new spin.

the bottom line is today employees can be fired for reasons that un-known to the employer are illegal.

Last edited by mathjak107; 03-11-2012 at 06:29 PM..
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Old 03-11-2012, 06:22 PM
 
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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.

Last edited by mathjak107; 03-11-2012 at 06:32 PM..
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Old 03-11-2012, 06:43 PM
 
1,495 posts, read 2,209,555 times
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Quote:
Originally Posted by mathjak107 View Post
something tells me if the employer is contesting this there may be more to it than we know.
It's a bit too generous to assume the employer must have a good reason. Almost any savvy employer knows that too many ex-employees collecting unemployment will lead to paying more taxes on the payroll, and so the temptation/motive is always there for the employer to fudge something in order to deny someone. Especially if the employee was not particularly well-liked, which is probably quite often.

Besides, is there ever a good reason to say "not only can you not work for us, we also want to make sure you really suffer"? That shows a lack of basic human decency.
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Old 03-11-2012, 06:50 PM
 
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i never assume anything.. but usually when issues are posted like this there is alot of info missing from both sides.
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