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I worked for employer A for 7 yrs, and knowing that she was looking to downsize or retire, I left when I was offered what I thought was a good job with a future. Within 5 months, I was let go, employer B had to "re-evaluate what she needed".
Unfortunately the way UI works, looking back at the full year, employer A is responsible for my health insurance. She has asked me to sign a statement saying that I left her voluntarily, so her insurance doesn't go up. ( I also know she is about to have 2-3 other employees on UI when she lets them go at end of month). She said it wouldn't affect my claim, that the funds would come out of the general account, not her business. I agreed that the system seemed unfair, but that I was advised not to sign her statement. She has now told me that she will be contesting my UI.
What happens next?
You didn't say what state you are in, but in most states she won't be able to contest. The form will say, "you are a base period employer. The claimant has requalified based on earnings from a subsequent employer. You will be charged your percentage of the claimant's benefits, and there is nothing you can do." The notice won't even give her appeal rights. In all probability, you're never going to hear another word about her appealling your benefits.
The only state I can think of where she's going to prevail is CO because that state will cancel all your wage credits if your quit is determined to be without good cause, and that state doesn't recognize quitting for another job as good cause unless you are in construction.
Maybe not. With 5 months on the job, there's a possibility that the employer that let you go isn't going to be paying anything towards your UI at this time. It depends on the date of your first paycheck and the effective date of your UI claim.
Can you believe now my former employer is starting to heckle me!
Email sent to me today
"If I drop off the paperwork , would you look at it and see if you can sign? Otherwise we have to supeona you to court. We are not protesting your claim but to which account it is charged, it should be charged to the general account of unemployment"
There's no way she can supeona me is there? Her husband is a lawyer.
Can you believe now my former employer is starting to heckle me!
Email sent to me today
"If I drop off the paperwork , would you look at it and see if you can sign? Otherwise we have to supeona you to court. We are not protesting your claim but to which account it is charged, it should be charged to the general account of unemployment"
There's no way she can supeona me is there? Her husband is a lawyer.
Nothing to subpoena you for unless they file a civil suit against the State of NY.
What a stupid and badly-written communication. Laughable. Her issue is with NY DOL - not you. Don't sign anything. Don't see her. Ignore her. If she persists, tell her she is harrassing you, you are NOT the decision-maker on which account to charge. She needs to take this up with NY DOL. NY has a record of your earnings in its database- which includes the "source." The debate is between her and NY - not you.
Nothing to subpoena you for unless they file a civil suit against the State of NY.
What a stupid and badly-written communication. Laughable. Her issue is with NY DOL - not you. Don't sign anything. Don't see her. Ignore her. If she persists, tell her she is harrassing you, you are NOT the decision-maker on which account to charge. She needs to take this up with NY DOL. NY has a record of your earnings in its database- which includes the "source." The debate is between her and NY - not you.
I totally agree with that.
And if she wants to "subpoena" you, let her. It's a laughable bluff, though. I hate when lawyers and lawyer's family members try to intimidate people with threats of misuse of the court system.
Never underestimate how often lawyers bluff to avoid doing actual work. I used to have lawyers try that with me when I worked for a bank, and I'd say, "So where exactly in the contract does it say that? Please point out the subsection" and then they'd make a sudden excuse to get off the phone...because they didn't even read the contract in the first place. They bluff all the time!
Another email today...
[SIZE=2] "we all do what we have to do so you will be supeoned for court appearance . I don't know if you truly undersatnd we are not contecting your benefits if yiou see the statement we are asking for it just says you quit voluntarily and that is all. This is a matter of principle not complaint
see you then."
This is getting really annoying (I left the misspelling)
Another email today...
[SIZE=2] "we all do what we have to do so you will be supeoned for court appearance . I don't know if you truly undersatnd we are not contecting your benefits if yiou see the statement we are asking for it just says you quit voluntarily and that is all. This is a matter of principle not complaint
see you then."
This is getting really annoying (I left the misspelling)
[/SIZE]
Do they think you just fell off the turnip truck??
You sign nothing.
Whether or not you quit your previous job is irrelevant to your current claim. If it had been a factor, NY would have told you. Employer clearly is clueless on how ue works.
Ignore her.
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They bluff all the time!
