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Old 05-17-2013, 04:55 PM
 
1,922 posts, read 3,772,283 times
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I received an offer today for a job in Chicago that starts on June 10th and I also got fired today from my job as a Budget Analyst. I'm not really upset because my new job starts June 10th.

Basically:

My boss had stopped giving me work for two weeks, I sat at my desk and did nothing because she told me the work was "above me". Her and the other Budget Analyst went to meetings and excluded me. She barely spoke to me. My boss and the Analyst would close their doors and leave me excluded from everything. I would ask for work and wouldn't get any. Put in requests for supplies and wouldn't get any. It was a very hostile environment and I because very stressed. Broke out in cold sores. Started seeing a therapist, all the while looking for a new job. The boss also gave me an attitude.

When I was terminated - they accused me of insubordination and the lawyer told me I will NOT be able to file for unemployment because of this.

I have proof that I was speaking with a psychologist. I have an email when my boss was very snappy with me. I have a email when I asked her if I could work for other departments since she was constantly busy and couldn't give me work. I have a plethora of text messages with friends/family during the time I was employed with the organization and not getting any work from her, her and the other analyst were ignoring me, etc. I explained this fully in all of my texts and emails. I have email conversations with co-workers discussing the fact I wasn't getting any work even though I asked - they cut my email off immediately though! But I'm glad I have a few things saved.

Also, the last email I wrote my boss I explained to her that I would like to work for other departments and I asked her kindly. So will this cancel out the unemployment claim? She doesn't have proof of insubordination at all.

Basically - what could I use if they appeal my unemployment claim?

And this is for a claim in NYS! Just to mention.

All of my conversations with others have been extremely consistent in her not giving me work, ignoring me, excluding me, etc..
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Old 05-17-2013, 05:09 PM
 
12,190 posts, read 18,121,426 times
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Quote:
Originally Posted by nj21 View Post
I have proof that I was speaking with a psychologist.
Unless you told your employer about this and asked for some accomodation, it means squat.

Quote:
Originally Posted by nj21 View Post
Basically - what could I use if they appeal my unemployment claim?
First question. Did you resign or informed them you were leaving and thats when this started, or is this a unrelated issue (coincidence, yes - related, no) to the other job?
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Old 05-17-2013, 05:11 PM
 
1,922 posts, read 3,772,283 times
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Quote:
Originally Posted by Rabrrita View Post
Unless you told your employer about this and asked for some accomodation, it means squat.


First question. Did you resign or informed them you were leaving and thats when this started, or is this a unrelated issue (coincidence, yes - related, no) to the other job?
No, I didn't inform them of anything. They didn't know about this.

Can I claim hostile environment and send unemployment an email where she has very negative tones?
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Old 05-17-2013, 05:27 PM
 
1,922 posts, read 3,772,283 times
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Quote:
Originally Posted by nj21 View Post
No, I didn't inform them of anything. They didn't know about this.

Can I claim hostile environment and send unemployment an email where she has very negative tones?
Why wouldn't the psychologist claim hold up for me anyways? She has documented eveverything I have shared with her - which is also consistent to what I shared with my coworkers. Could she be a witness?

And can my coworkers be witnesses as well..? Even if I also have email conversations with them?
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Old 05-17-2013, 05:31 PM
 
Location: Wisconsin
24,772 posts, read 53,574,826 times
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First, Rabrrita never posts on this board, so he may not be back.

Stop the discussion on the psychologist. It has nothing to do with anything. If you can get a coworker as witness to the actual LACK OF INSUBORDINATION, that would be valuable. However, anyone still working there won't help you. Besides, any witness won't be of any value until you reach the appeal level. Initially, NY will only conduct a telephone interview.

Look, if you were actually discharged/terminated/fired for insubordination, apply online for unemployment benefits in the State of New York immediately - that means TODAY.

Accusation of subordination means nothing if your employer does not have actual proof of this. It is very unlikely, when this all shakes out, your claim will be denied.

Now, the initial claims examiner may deny your claim at the outset, no matter what you say or what proof you have of cooperation and lack of insubordination, because that is the usual default position of the UE offices whenever there is any question or objection by the employer.

So, do not take this denial as anything other than a stalling tactic on the part of NYS and the employer. Therefore, you appeal this denial.

The issue then is kicked up to the appeals level. At which time there will either be another telephone or physical hearing. By this time, you may be in Chicago.

You do know NY has a waiting week for benefits - and you do know max NY benefit is $405/wk. So, even if you file an online claim today, which you should do, the most you will be paid is for weeks ending May 25, June 1 and June 8. However, the NY claim will be available for future use should the Chicago job not work out - especially if you are terminated there after a very short while - which happens.

File the claim TODAY, assemble your evidence, appeal any denial, see where it goes.

Last edited by Ariadne22; 05-17-2013 at 05:39 PM..
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Old 05-17-2013, 05:37 PM
 
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Thanks so much!! But what type of evidence is permissible? Will it basically just be hearsay? That's what I am trying to find out..the type of evidence that will be accepted.
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Old 05-17-2013, 05:50 PM
 
Location: Wisconsin
24,772 posts, read 53,574,826 times
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What do you mean what kind of evidence is permissible? Any email which substantiates your side of the issue is good evidence.

First you need to know EXACTLY why the employer is objecting to your claim.

You might be receiving some correspondence about this prior to the interview.

If you haven't submitted this evidence prior to the interview, ask the hearing examiner when he interviews you where you can fax/mail this evidence for consideration.

Chances are no matter what you submit at this point, you will still get a denial. Once you have that denial in writing, with specificity, you will have a better idea of how to narrow down your evidence to rebut the employer's claims.

It's way too early at this point to know exactly what evidence you will need. Your own personal credibility is also a factor - but more so at the appeal level. Again, when there is any doubt, the hearing examiner exercises very little discretion and just kicks the matter up to appeals, because that is what they do.

For now apply for benefits. You'll have plenty of time to structure your argument once you know what you will be facing.
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Old 05-17-2013, 05:53 PM
 
1,922 posts, read 3,772,283 times
Reputation: 1339
Thank you so much!
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