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Dang I just wanna say thanks In advance. But I'm in a pickle. I was terminated from employment for smiling ! At a guest at a hotel. He asked me to call for his vehicle which Is valet and I directed him towards valet and told them they would help them there. He than told me to call valet for him I said sir there is a guest house phone right next to the elevator on your right you can call them from there. Next thing I know I'm getting a complaint against me a few feet away from me hes complaining to my manager about me how I shouldn't have a job and that he is going to do whatever he can to get me fired. I just kinda smiled in confusion and walked away and then my manager told me to leave the floor. Next week I'm gone like the wind. My whole 2 years with this company I never had 1 single guest complaint. If anything I've gotten emails and comment cards about me. I'm just bummed I lost a good job and insurance and benefits. Over a scumbag like that. Anyways. I filed for unemployment and I got a interview for misconduct. In the application process I said something like this.
I said that I filed a grievance with my Union right away after I was terminated. I did exactly as I have been doing when a guest asks me for his or her vehicle and direct them to the valet or the house phone if they wish to call because I have been trained this way since day one. Some guest comes up to me and I do exactly as I have been doing since the beginning, he complains. I get fired. They say I was unprofessional but I honestly have never been in a situation like this before with a guest I didn't know how to react when he was complaining about me. I was baffled, confused as guest passed by us I smiled at them and that's what pissed the guest off. He asked me. Why are you smiling ? To which I replied well it's kinda my job to smile I'm not smiling at you I'm just smilin. It is per of my job to be approachable and a smile does that. Anyways idk I'm just typing and typing and depressed. And can't stop eating. I'm actually thinkin. About going to the Eeoc or whatever it's called. Because this same manager tried to get me in trouble before suspended me said I took extra breaks and after my suspension it was found out by surveillance that it was not true so I got paid for my suspension What do I say in the interview ?
No, the real question is what should I have put in my application for UI? You admitted to everything. When you are fired, it is up to your employer to make the case for misconduct, and you did it for them. Do NOT take the call, and just come back if denied, and we'll work on your appeal.
Also, learn hearsay. That guest will not be talking to the deputy. Only two people know what was said, and for all practical purposes, one of them is dead. You also don't really know that he was complaining, you just think he was because he was talking to your manager. Did you actually hear the words he was saying? All your manager can say is that you smiled at him and a guest because the manager has no way of knowing that what the guest was telling him was the truth or a way to get comped a night at the hotel.
Thanks for the reply really means a lot. I'm just so clouded right now in my head I can't think. Everything is just making me so angry. I'm sorry. I'll write more info on my situation in a bit. I just need to get some air
It's ok to be mad about losing your job, but keep your eye on the consolation prize (UI and time off work to sleep in). The UI system is not your therapist.
Thanks for the reply really means a lot. I'm just so clouded right now in my head I can't think. Everything is just making me so angry. I'm sorry. I'll write more info on my situation in a bit. I just need to get some air
What was the union's take on this? Did they not try to get your job back for you?
What was the union's take on this? Did they not try to get your job back for you?
Hey guys. Thanks a lot for the replies. So yea I know it just gets to me. Yea the union shop steward did try to fight for a suspension but the manager never liked me. On two occasions prior to this related to other things not job performance or guest involved but he had me suspended twice and both times I had got back pay for my suspension days and they where removed from my records because I fought them with the union. Now he had the chance to really get me in trouble with this guest and he did. He fired me. Took the maximum disciplinary action against me. Which I filed a grievance but still I have not got back any info from the union. So what exactly happens with the appeal. Oh and yes I did hear the guest say he wanted to make a complaint against me. They even showed me and the union shop steward survaillance tapes of me supposedly smiling at the guest. Which you could not see anything. And by that I mean even the shop steward said. " that's all you have on him " that's nothing. You can't see him do anything. I had my hands on my sides the whole time. And just kinda smiled at other guest while they passed and he was in front of me. He got even more mad when he saw me smiling and told my manager that I have no respect for anyone. I was so confused. Because I was smiling. Come on. I just am so worried I won't get unemployment. And I really need this. Even if for one month. I know I can get another job. I just need this for the time being. Idk what to do. And thank you for the help. They also said I might get my job back in the spring because I have a good case. I never talked back or disrespected anyone. I just smiled.
You need to stop thinking in terms of what happened but what can be PROVEN.
At the hearing the employer will have to prove that an event happened, and that event needs to rise to the level of "misconduct connected with the work."
Your biggest problem is what is coming out of your own mouth. Stop talking.
Your manager has no idea that what the customer told him was true. You don't even know what the customer accused you of doing.
All you really know is that you were fired after you saw a guest speaking to a manager. Are you getting this yet?
It doesn't matter if you need UI for a day or 6 months. If it's determined that you lost your job because of something that you did that amounts to being misconduct, you will NOT get UI because this separation. Let your employer do their job, and you need to stop helping them.
Example: You can be fired for breaking an expensive piece of equipment, and let's assume it was an accident. You can tell the UI people how it wasn't an accident all you want, and you probably won't be believed. Then just assume the employer threw out the broken piece of equipment or no one saw you do it. They just think you did it because you were the only one that was probably nearby. Because of your insistence that it was an accident, you actually have made an admission that you broke it, and now your employer doesn't have to prove it, and they probably couldn't have anyway because they threw it away, had no first-hand witness, and "probably" doesn't really cut it in UI because it's liberal to grant, and narrow to deny. Claimants frequently do this stuff, and they shouldn't. Let the employer make the accusation, prove it, and only after that's happened do you start making excuses for yourself because at that point, it's the only thing left to try.
Before you start worrying about your hearing, just wait until you get your initial determination.
So in the letter I received from the unemployment office is I have been approved for a biweekly certification this Monday coming up on the 18th but my interview is on this Friday the 15th . my weekly benefit amount is 249. Does that mean on Monday I should be receiving my 249. Or will it be 498 minus the taxes. Also. Since you said not to pick up the call. Will I still have the funds on Monday when I call to certify. I just received my chase unemployment card in the mail today. If I don't pick up the interview call will I still have my funds ? Also how does the appeal work? Will I have a better chance of getting accepted ?
You need to stop thinking in terms of what happened but what can be PROVEN.
At the hearing the employer will have to prove that an event happened, and that event needs to rise to the level of "misconduct connected with the work."
Your biggest problem is what is coming out of your own mouth. Stop talking.
Your manager has no idea that what the customer told him was true. You don't even know what the customer accused you of doing.
All you really know is that you were fired after you saw a guest speaking to a manager. Are you getting this yet?
It doesn't matter if you need UI for a day or 6 months. If it's determined that you lost your job because of something that you did that amounts to being misconduct, you will NOT get UI because this separation. Let your employer do their job, and you need to stop helping them.
Example: You can be fired for breaking an expensive piece of equipment, and let's assume it was an accident. You can tell the UI people how it wasn't an accident all you want, and you probably won't be believed. Then just assume the employer threw out the broken piece of equipment or no one saw you do it. They just think you did it because you were the only one that was probably nearby. Because of your insistence that it was an accident, you actually have made an admission that you broke it, and now your employer doesn't have to prove it, and they probably couldn't have anyway because they threw it away, had no first-hand witness, and "probably" doesn't really cut it in UI because it's liberal to grant, and narrow to deny. Claimants frequently do this stuff, and they shouldn't. Let the employer make the accusation, prove it, and only after that's happened do you start making excuses for yourself because at that point, it's the only thing left to try.
Before you start worrying about your hearing, just wait until you get your initial determination.
Thank you a lot. Really. Thank you. I'm trying. I guess I just feel so dang stupid. I really do. I just feel like now that I effed this all up by what I put In my initial application for UI.
So in the letter I received from the unemployment office is I have been approved for a biweekly certification this Monday coming up on the 18th but my interview is on this Friday the 15th . my weekly benefit amount is 249. Does that mean on Monday I should be receiving my 249. Or will it be 498 minus the taxes.
Also. Since you said not to pick up the call. Will I still have the funds on Monday when I call to certify. I just received my chase unemployment card in the mail today. If I don't pick up the interview call will I still have my funds ?
The letter only certifies the claim amount and weekly benefit IF you are approved. You are not there, yet.
You are not getting any money until after you receive a determination letter - earliest - and only if employer chooses not to say anything negative. If you take the interview - NOTHING you can say to absolve yourself will override an employer objection. Next step would then be an appeal.
Further, contact Illinois and STOP that tax withholding. When and if you get any money, you will need all of it.
If Illinois does approve the claim after the interview, earliest Illinois might pay you would be later next week. Otherwise, if you're denied, earliest would be after the appeal which won't occur until mid-February, earliest, with payment of arrearage about two weeks later.
Keep claiming throughout this process - or Illinois won't be able to pay you.
Quote:
Originally Posted by Vampires
Also how does the appeal work? Will I have a better chance of getting accepted ?
You have a much better chance at appeal than you do on an interview in this situation. Interviewer will not make a subjective decision if employer cites misconduct - especially in Illinois. Actually, you should win at appeal. It's unfortunate claimants need to jump through these hoops, but the system is designed to discourage claims.
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