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The first step is to apply as a FIRED person, and shut up. Don't take any UI phone call, and see what happens.
Come back if you get denied. I'll guide you through the appeal. "Substantial Changes" are my favorite kind of UI issues with which to deal.
SAVE your evidence. Being cut to part-time isn't the best reason to get UI. The better reasons to get UI are things worth money. Health insurance, vacation pay, and holiday pay. If you have an employee handbook documenting your benefits, have it ready. If you have proof of your lost benefits in that letter along with your reduced hours, even better. Old paystubs can help because it proves you were in fact full-time, and never received a part-time pay check. They sometimes have your vacation pay listed, and show the employee portion of your health insurance. There is a high probability of this being treated as a "quit," and you need to be able to meet the burden of showing what you HAD and what you were going to get.
Next time, go for the termination. NY has a terrible partial UI formula. If they had you working 4 or more days per week even if it was 10 minutes a day, you'd get nothing.
I applied as lack of work, was that a mistake? The fired part sounded like serious actions as my fault. So I applied under lack of work.
I still have my employee handbook, I have proof of a letter stating I lost all benefits because part time employee does not get their benefits as an full time employee. The letter also states the reduced hours and reduced days, 3 days of work.
Wait, why would you advise not to take a phone call from the ui? What if the company protest and they call me for my side of the story?
I have my old pay stubs from last year and my w2 form.
They sent me a part time paycheck because they claimed I worked that one day thinking I was still full time, but before leaving my end of shift , they handed me the part time letter effective that same day.
Basically it was i work first, then The company tells me you are part time, rather than saying you’re part time first and then you work under part time that same day.
I applied as lack of work, was that a mistake? The fired part sounded like serious actions as my fault. So I applied under lack of work.
You can be fired because the boss's niece graduated from college and was given your job. That is NOT a lack of work, and it's not bad. They still had 3-days of work for you.
Fired isn't necessarily bad. However, NY is a state that is sick of claimants applying as "laid off" people when they were fired. Now, your credibility is questionable, and you really do NOT want to take that call because they are going to want to ask you, "why did you say you were laid off instead of fired or that you quit"?
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Originally Posted by Nychelp
Wait, why would you advise not to take a phone call from the ui? What if the company protest and they call me for my side of the story?
Because it gives you the maximum potential to get UI. You won't have a clue how to handle that call. You don't know what your employer is going to say. You will NOT have time to think on your feet. What you say will get notated, and you'll be hard pressed to fix it at an appeal hearing.
If you say nothing, you will have the opportunity to see what your employer is saying, and you will have approx. 4 weeks to figure out how you're going to beat them, and you'll be spontaneous, and will sound awesome, but that "laid off" thing can really hurt you. We'll deal with it IF NY decides to throw the book at you, and you will know because it will be an issue on your hearing notice IF it goes that far.
Look, you said you were "laid off."
If the employer is a non response, you'll get UI. If they protest and just happen to say, "we told her she could work part-time," the UI worker might still give you UI. If you get denied, then you will know that it had nothing to do with how YOU told your story, but what the employer said.
You appeal a denial, and when you do it my way, many times the employer doesn't appear because "they already won once," and "she doesn't stand a chance with an appeal written like that." Then you can win. If they come, you'll be ready.
She had three ways to go. She used a layered approach starting with the easiest case to make and was prepared to do it the hard way. She got lucky and only had to do it the easy way. On top of that, she capitalized on a mistake by the UI worker. Lucky her.
This is how you get UI. The UI phone interviews do NOT help you. Do NOT throw away your potentially many ways and some easier than others to get UI because you have a burning desire to spill your guts and have a story locked in stone where you won't be able to deviate.
I too quit because of a reduction in hours and a loss of fulltime benefits. It took me 12 months to get my first UI payment. I think I could have done what I'm telling you to do, and had a much easier time. Learn from my mistake.
She benefitted from my experience and got UI in 17 weeks. Not all UI workers get "substantial change" and neither do the hearing judges to terms and conditions of employment.
//www.city-data.com/forum/unemp...-get-away.html Then there was this guy. He didn't get UI because of the "substantial change." He got UI because the employer couldn't prove that he quit during the first go round.
This is why you need to SHUT UP!
Quote:
Originally Posted by Nychelp
They sent me a part time paycheck because they claimed I worked that one day thinking I was still full time, but before leaving my end of shift , they handed me the part time letter effective that same day.
Good. That means you can make the case that you did NOT know IF you even have to. Save it.
They gave me a choice to either take part time or termination.
I never gave them an answer and allowed the company to decide for me.
The Monday I worked thinking I was still full time, I received a letter after the work day was over for being part time effective immediately. I never knew that Monday I worked was officially part time.
This is going to be the problem. Since you didn't give them an answer and let them decide, you essentially gave them your permission to work part time. So, when you reported to work and were not terminated, you should have fully known that your assignment was now part time. If an employee knows the work has changed and you accept that change of work by working it, you can't act as if nothing has changed. This can become a costly mistake!
However, you may have a guardian angel looking over your shoulder, so this is very important: When told of the go to part time or be terminated, was a date attached to that change? In other words, did they say it takes effect on a specific day?
They didn’t say a date attached because it was not approved, all this bull**** was all verbal and nothing in writing until the moment they gave me the letter.
They didn’t say a date attached because it was not approved, all this bull**** was all verbal and nothing in writing until the moment they gave me the letter.
So if I understand this correctly; you went to work on Monday as if it was just another full time work day because up until that point, there was nothing official about when your schedule will be reduced to part time and that only after working did they provide you with a written notice of the reduction in hours?
I went to work Monday thinking it was my full time day, upon the end of shift leaving to go home that same day,I was handed with the letter of full time change to part time, reduction of hour, lost benefit, new schedule of part time, same hourly rate as part time. 3 days a week as part time instead of 5 days weekly.
Ever since that day, I did not show up to work, I asked for my termination letter 7 days later on Sunday because I had to take care of personal issues and I had plenty of paid time off days. Instead of giving me a termination letter, they told me to submit a resignation letter which I did not do.
Then they terminated me as a job abandonment for the part time position. Im not going to show up to work if I don’t agree to the terms of changing my full time to part time losing my benefits and hours, not suitable.
What did you do when you read the notice of the changes? What, if anything, was communicated between you and the company?
Also, if you were not willing to accept part time work, that would mean your employment terminated. So, how did you come to have paid time off that week. You were either terminated or still working. If you expected paid time off like an employee, that would mean you accepted the job change status to part time. But if you were terminated, that means you have no employment you needed to "show up for work" and would have no expectation for having paid time off as you're no longer an employee. See the confusion?
Quote:
Originally Posted by Nychelp
The same week I didn’t show up for work because I had to take care of something personally and wanted the company to ensure they pay me for my paid time off.
So if you were expecting to be paid for that time, that means you yourself continued the employment relationships and you continued it under the new terms the employer provided you before you continued with the paid time off expectation. In other words, you accepted the new terms by continuing to consider yourself an employee but failed to report to work thus abandoning your job. Job abandonment is an almost sure denial of benefits!
Now, before you get all upset and panic, this is exactly the way unemployment operates on interviews. The difference is they are not going to give you a chance to think your answer through. It's question after question, item changing to another item just to return to the first item. They will be raising issues like I raised and probably a whole lot of more confusing things based on what you say. This is why the best course of action at this stage is to keep quiet and say nothing.
When I received the letter on Monday. I left for the day to go home, nothing was said or written.
The letter said I report to work Monday, Thursday, Friday, . I did not report to work Thursday and Friday because of family health and informed them, I guess that was my mistake.. And asked for my termination letter on Sunday. I had several paid time off earned as an employee before my status changed to part time.
I was asking for my termination letter on Sunday because they did not give me one for changing my full time to part time. They just handed to me the letter of official part time.
Last edited by Nychelp; 05-28-2019 at 01:26 AM..
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