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I was suspended without pay pending arbitration at my job for "dishonesty", i had a meeting with the company and they asked me if i had a valid new york license, i told them "to the best of my knowledge" they then said that they have ran my license and found out that i switched my license from a new york license to a florida license (i did so a few months back while visiting family in florida) and they consider the fact that i did not tell them to be dishonesty.
i filled for unemployment the same day, its been almost 4 weeks, i had my phone interview almost a week ago and the guy who interviewed me even said that from what i have told him that it sounds like im qualified for benefits he just needs to straighten some things with the company again and asked me to send in some supporting documents. which i did
my union is telling me that they can strike a deal with the company where they will write up a contract stating that it will be a mutual split between me and them, in other words, they will have it as i resigned instead of getting fired, and that they will not show up to unemployment if it gets denied and i appeal it. I all i have to do it sign the letter instead of waiting for a arbitration (takes 3-5 months)
Should i take the deal and sign my life away or should i take my chances with unemployment?
my union is telling me that they can strike a deal with the company where they will write up a contract stating that it will be a mutual split between me and them, in other words, they will have it as i resigned instead of getting fired, and that they will not show up to unemployment if it gets denied and i appeal it. I all i have to do it sign the letter instead of waiting for a arbitration (takes 3-5 months)
What does this buy you? I'm not seeing any dollar signs. You're taking a clear firing and mudding it where it looks like a "quit or be fired." Let me assure you, "quit or be fireds" do NOT statistically end up in the claimant's favor. There's been 5 threads of this type. One for sure got benefits, 3 were losers, and one is pending and he hasn't come back. In a "quit or be fired," the claimant has the burden to prove if they had not quit that they would then be immediately fired - pretty tall order.
I wouldn't do it unless there is a sufficient amount of up front money that if I didn't get the UI that I'd still be happy. In this story, I'm seeing that you are getting nothing, and risking up to $420/wk.
I'd do the arbitration. You'll be getting the UI. It's winter. I'd go to FL to look for work, and all the while the employer's reserve account is getting hit for the cost of your UI, and if you win the arbitration, they are the big losers and not you.
Quote:
Originally Posted by frankiecarbone
Should i take the deal and sign my life away or should i take my chances with unemployment?
As the story is currently written, I say, "get the UI."
but if i sign the paper arent i guaranteed UI since even if it gets denied they wont show up to the appeal? in other words signing that paper pretty much guarantees me UI approval since they wont show up for the appeal, worst comes to worst ill just have to wait until the appeal.
Now if i dont sign then im not guaranteed anything and its a gamble, cuz they WILL show up on the appeal (if benefits gets denied)
My gut tells me that i will both get benefits approved and if it went to appeal i can win it myself, but my wallet and current financial situation says take the deal. Im to the point i cant eve afford a metro card to take the train. I dont know how bad the "judge" will see my case, i dont see it being as bad as stealing or fighting.
but if i sign the paper arent i guaranteed UI since even if it gets denied they wont show up to the appeal? in other words signing that paper pretty much guarantees me UI approval since they wont show up for the appeal, worst comes to worst ill just have to wait until the appeal.
NO. Employers don't have to show up to a hearing when you QUIT. YOU as a QUITTER have the burden. How are you going to prove with a letter of resignation sitting there as evidence that had you not submitted that resignation that the employer was going to fire you? You can say it, but you might not be believed.
The story where the guy got UI in a "quit or be fired." He succeeded because the employer said, "if he hadn't quit, we were going to fire him for getting in an accident with the company car." Without that statement from the EMPLOYER, he'd have lost.
Quote:
Originally Posted by frankiecarbone
Now if i dont sign then im not guaranteed anything and its a gamble, cuz they WILL show up on the appeal (if benefits gets denied)
An agreement to not come to your UI hearing is NOT enforceable. If they show up, you can't say, "hey, judge. You have to exclude their testimony because of this agreement." Even without the testimony from the employer, you're still in the hot seat.
This is a sucker's bet. I can't believe your Union is telling you this. The employer will use that letter of resignation to mess up your UI, and you'll hate yourself for signing it.
Quote:
Originally Posted by frankiecarbone
My gut tells me that i will both get benefits approved and if it went to appeal i can win it myself, but my wallet and current financial situation says take the deal. Im to the point i cant eve afford a metro card to take the train. I dont know how bad the "judge" will see my case, i dont see it being as bad as stealing or fighting.
There is NO deal. A contract means that you do something and get something. You're being allowed to "quit" and getting something (employer not coming to a hearing) that you canNOT legally enforce, and probably hurts you anyway because the employer "might" say, "had he not quit we were going to fire him anyway for saying he had an NY license but it was really in FL," and then you're right back to what you are right now. You're getting nothing that you can legally ensure.
The deal needs to be that you will be PAID money up front for signing, so that if the employer does come to the hearing, you still have something.
thank god i came to this forum, everything you said make COMPLETE SENSE! i never thought about it like that, and the main reason i suspected something was wrong is because my union lately has not been that great. On top of that coca cola knows there case against me is weak hence why they probably would even agree to give me a resignation instead of straight firing me. They know i will win that arbitration
Quote:
Originally Posted by gus2
I'm confused about why you'd switch to a FL license if you were just there visiting. I'm thinking we don't have all of the information here.
what happened was i applied for paid family leave to care for my daughter who was diagnosed with cancer, she lives in florida with her grandmother, was i was approved the PFL i went to florida for the duration of my leave and kept getting harassed by the police because i was driving with a new york license instead of a florida, so i switched it over and just never switched it back since i plan on moving to florida at some point in the near future, i did not know it would be a issue in my job. They gave me no warning no nothing, just show up to this meeting and asked me a bunch of questions about me going to florida, i knew in my head i had not switched my license back to a new york one and just acted the fool thinking they would not know but they did and hit me with the dishonesty for not telling them. I wish i would have recorded that conversation, since i never said completely that i DONT have a new york license.
So at this point, i will go with no deal, i will let my union know, hopefully this will make coca cola think twice about the offer, if they throw in some money AND give me the resignation, i will take it. From what i hear going to arbitration costs the company thousands
is dishonesty for not telling them i switched my license over to a different state license, even though i did not know it was a issue a reason for me to be denied benefits?
These are the six criteria that are used for determining misconduct
The rule is reasonable.
The claimant knew or should have known the rule.
The violation is wilful and wanton.
NOTE: Violation of a reasonable employer rule is not wilful if the claimant has shown good cause for violating the rule.
The violation is material.
The violation substantially injures or tends to injure the employer's interests.
The employer has warned or reprimanded the claimant for previous violations of the same or similar employer rules.
I don't think what you did is misconduct because I doubt the employer had a rule that required them to tell you which state your license was in.
You're allowed to lie to your employer. Dishonesty for some things isn't misconduct. Imagine if they'd asked the name of the last person you had sex with. It's probably none of their business which state your license is in. If they already knew that it was in FL, they didn't need to ask you. They could have just as easily said, "we know your license is in FL now." Then it's a big, "so what?" It's like they were looking for a reason that sounded bad, and you're buying it like it's all your fault. They probably just wanted you gone.
These are the six criteria that are used for determining misconduct
The rule is reasonable.
The claimant knew or should have known the rule.
The violation is wilful and wanton.
NOTE: Violation of a reasonable employer rule is not wilful if the claimant has shown good cause for violating the rule.
The violation is material.
The violation substantially injures or tends to injure the employer's interests.
The employer has warned or reprimanded the claimant for previous violations of the same or similar employer rules.
I don't think what you did is misconduct because I doubt the employer had a rule that required them to tell you which state your license was in.
You're allowed to lie to your employer. Dishonesty for some things isn't misconduct. Imagine if they'd asked the name of the last person you had sex with. It's probably none of their business which state your license is in. If they already knew that it was in FL, they didn't need to ask you. They could have just as easily said, "we know your license is in FL now." Then it's a big, "so what?" It's like they were looking for a reason that sounded bad, and you're buying it like it's all your fault. They probably just wanted you gone.
My guess is that he is a driver, so it would matter what state he is licesened.
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