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All else with claim including my most recent employer and monetary found to be Eligible and qualifying.
The portion that disqualified my claim was my employer previous to most recent where I quit.
It was Uncomfortable Poor working environment where on more than one occasion I explained to VP and HR my concerns . (I have all emails)
VP's solution was to simply apologize to one another and HR's so called solution was that they would speak to individual who ultimately caused my resignation.
Incidents kept happening , etc. So nothing was done.
In any event, my question is my most recent Employer complied and sent in Questionaire by the deadline to do so.
The Employer before in my Base period did not but some UI came to decision that "Notice of Disqualification
Reasoning and Findings
You left your job because of a personality conflict that existed. Because you made no attempt to resolve the matter prior to
leaving work, your separation is determined to be voluntary and without good cause attributable to the employing unit.
You had a personality conflict with a co-worker. You quit after your employer informed you it would address the issue. "
it obviously appears that UI based their disqualifying determination based off of a phone call.
Because nothing from this Employer has been sent in.
My attorney and I will be requesting documents from my case.
But my question is does this happen often?
Should't have my emails been reviewed and what I wrote taken into account?
it seems UI just took the former Employers verbal account of events (which are incorrect and not truthful)
and made decision.
Should't have my emails been reviewed and what I wrote taken into account?
You hired an employment attorney to help you with this so why don't you ask those "experts" to answer this for you?
Now, to give you my lowly clueless response, Yes, it's within the regulations for unemployment to get a response in writing or from a call from former employers or the claimant. When your attorney gets the Appeals Package form unemployment, it will have your application answers, any notes from unemployment's call to you or any employer, any communication in writing from you or any employer, as well as the determination sheet used to cite the legal section of the code that was used to deny you benefits. Note that citation should also be on your Non-Monetary Determination that served as your written denial.
The issue your "attorney" needs to focus on is two fold.
First, The wording you posted appears to say that in the eyes of unemployment, the issues with the other employee was personal in nature that did not met the statutory definition of severe enough to create a negative employment environment. You need to bring it back to an "employer" issue. Because they are saying it's a personality issue and not employment related, the focus has to be that if the conduct/issues were not resolved by the employer, it was (not might or could or may) but would have caused a employment unsafe condition. In other words, in the world of unemployment, if you two just don't get along and you personally feel unsafe but it has not actually impacted your safety, the employer isn't really liable for you two not getting along and you being a scaredy-cat. But if you can show that the action of this person created an actual workplace (not you but the workplace as a whole) safety issue, the employer can be held liable for a failure to act. So it can't be you being a wimp, it has to impact the safety of the workplace (including other employees) if you are claiming a workplace safety issue.
Now the second part which is something I sure as hell hope your "attorney" has evaluated and discussed with you, did you purge the disqualification already? If you purged it, it's a moot point and there should be no hearing at all as your prior employer is now out of the picture. What did they say about the purge?
Now the second part which is something I sure as hell hope your "attorney" has evaluated and discussed with you, did you purge the disqualification already? If you purged it, it's a moot point and there should be no hearing at all as your prior employer is now out of the picture. What did they say about the purge?
Yes which for NJ to purge voluntary quit it's 8 weeks of work and wages equal to 10 x WBA.
My Question was "Does UI typically make decisions based on phone conversations?"
It appears that UI has spoken to my former Employer but this Employer has never sent in anything by writing.
It looks like UI based determination based on a phone conversation only.
Attorney has sent request for information for Exhibits , but according to Unemployment UI Representatives , nothing at all has been sent in . And this Employer did not meet the deadline to respond.
This Exhibit request was just sent yesterday .
So nothing is known as of yet .
As for your "scaredy-cat" remark, incidents kept happening since 2018- Management never did nothing anything except told us to make up and never informed HR in headquarters out of state.
i finally informed HR and incidents continued to happen.
So, to your name callings of "Wimp" and "Scaredy cat" , I was very scared or more intimidated by the time I resigned because it was a year and a half of not knowing what was going to happen next.
Most importantly though, my office never informed HR the first time I was screamed at and had door slam in my face and incidents much of the same kept occurring .
Again, I sense alot of tension Rabrrita.
I hope you have a nice weekend.
Last edited by Alexandriagg; 06-13-2020 at 07:14 AM..
My Question was "Does UI typically make decisions based on phone conversations?"
It appears that UI has spoken to my former Employer but this Employer has never sent in anything by writing.
It looks like UI based determination based on a phone conversation only.
Attorney has sent request for information for Exhibits , but according to Unemployment UI Representatives , nothing at all has been sent in . And this Employer did not meet the deadline to respond.
This Exhibit request was just sent yesterday .
So nothing is known as of yet .
As for your "scaredy-cat" remark, incidents kept happening since 2018- Management never did nothing anything except told us to make up and never informed HR in headquarters out of state.
i finally informed HR and incidents continued to happen.
So, to your name callings of "Wimp" and "Scaredy cat" , I was very scared or more intimidated by the time I resigned because it was a year and a half of not knowing what was going to happen next.
Most importantly though, my office never informed HR the first time I was screamed at and had door slam in my face and incidents much of the same kept occurring .
Again, I sense alot of tension Rabrrita.
I hope you have a nice weekend.
I hear what your saying. I myself have worked in the type of environments you mentioned. Unfortunately not everyone is going to treat you nicely in the workplace, usually it's the opposite. I think the reason Rabrrita answered you in that fashion, is because you came off a bit like a snowflake. A quit is almost always deemed as a disqualifying reason for recieving unemployment benefits. Unless you can prove you were in physical danger or were discriminated against based on skin color, religion, sexual orientation etc... Outside of that, you probably dont have a leg to stand on.
My suggestion moving forward. If you dont like your work environment, start looking for another job. It may not be the right fit for you. Having a door slammed in your face or being yelled at, is not grounds for being entitled to benefits. I would say at least half the jobs I had, I encountered the same thing or worse on multiple occasions. Tensions run extremely high in management especially, and you can't take things like someone yelling at you to heart. More times than not, it's nothing personal.
No, that is correct, a coworker never actually caused me physical harm but incidents kept happening with no resolve making it a very uncomfortable (potentially unsafe) workplace which is why I resigned .
Well unless the company telling us to apologize to each other was resolving the matter.
I guess the question at hand is going to be if this Employer responded in a timely fashion (or responded at all) and what the exhibits entail.
I was under impression that Employer had to fill out Questionaire and send back by deadline.
It appears this was bypassed and Employer just made a phone call to UI.
And a determination was based off that.
That was my initial question, "Does UI typically make decisions based on phone conversations?"
My Question was "Does UI typically make decisions based on phone conversations?"
It appears that UI has spoken to my former Employer but this Employer has never sent in anything by writing.
It looks like UI based determination based on a phone conversation only.
Attorney has sent request for information for Exhibits , but according to Unemployment UI Representatives , nothing at all has been sent in . And this Employer did not meet the deadline to respond.
This Exhibit request was just sent yesterday .
So nothing is known as of yet .
As for your "scaredy-cat" remark, incidents kept happening since 2018- Management never did nothing anything except told us to make up and never informed HR in headquarters out of state.
i finally informed HR and incidents continued to happen.
So, to your name callings of "Wimp" and "Scaredy cat" , I was very scared or more intimidated by the time I resigned because it was a year and a half of not knowing what was going to happen next.
Most importantly though, my office never informed HR the first time I was screamed at and had door slam in my face and incidents much of the same kept occurring .
Again, I sense alot of tension Rabrrita.
I hope you have a nice weekend.
you're missing important factor that Rabritta pointed out and I commented on. Did you work 8 weeks and earn 10x your WBA since you worked for next to last employer? Because IF you did your voluntary quit would be purged and that's what you need to get across. So do your earnings and time worked at your LAST employer allow you to purge your voluntary quit disqualification.
When did you quit your second to last employer? When did you start at last employer? When did you get laid off from last employer?
No, I did not work 8 weeks or earn 10 times my WBA at most recent employer that was found eligible .
That is why I am speaking only of the Employer I was disqualified from and since I have never applied for or collected unemployment was initially asking if UI can actually make a determination based on a phone conversation only.
Because it appears my former Employer has not sent in anything at all.
Does UI typically make decisions based on a phone conversation only or just push through a determination ?
Considering the number and volume of claims in this time of Covid 19 , the latter could be the answer here and Ui had no documentation to base their determination on .
I hear what your saying. I myself have worked in the type of environments you mentioned. Unfortunately not everyone is going to treat you nicely in the workplace, usually it's the opposite. I think the reason Rabrrita answered you in that fashion, is because you came off a bit like a snowflake. A quit is almost always deemed as a disqualifying reason for recieving unemployment benefits. Unless you can prove you were in physical danger or were discriminated against based on skin color, religion, sexual orientation etc... Outside of that, you probably dont have a leg to stand on.
My suggestion moving forward. If you dont like your work environment, start looking for another job. It may not be the right fit for you. Having a door slammed in your face or being yelled at, is not grounds for being entitled to benefits. I would say at least half the jobs I had, I encountered the same thing or worse on multiple occasions. Tensions run extremely high in management especially, and you can't take things like someone yelling at you to heart. More times than not, it's nothing personal.
No, I did not work 8 weeks or earn 10 times my WBA at most recent employer that was found eligible .
That is why I am speaking only of the Employer I was disqualified from and since I have never applied for or collected unemployment was initially asking if UI can actually make a determination based on a phone conversation only.
Because it appears my former Employer has not sent in anything at all.
Does UI typically make decisions based on a phone conversation only or just push through a determination ?
Considering the number and volume of claims in this time of Covid 19 , the latter could be the answer here and Ui had no documentation to base their determination on .
But that was my Initial question.
thank you for reply.
actually i didn't realize you were in Massachusetts. MA is 8 weeks of work and wages of
8 x WBA but since you didn't work the 8 weeks the voluntary quit would still come into play.
Were you scheduled for a non monetary telephone interview? Since a voluntary quit without good cause is grounds for disqualification it makes sense for UI to disqualify based on employer via telephone call saying you quit (because you did) regardless of whether employer sent in anything. It falls on you the claimant to appeal UI's decision and request appeals hearing. Normally documents for you to review aren't available until a few days before your appeal hearing date which you have to call to get or go in to get.
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