Welcome to City-Data.com Forum!
U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Work and Employment > Unemployment
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
 
Old 02-22-2021, 05:10 AM
 
3 posts, read 1,261 times
Reputation: 10

Advertisements

My husbands unemployment got denied because the last employer he worked for claimed my husband quit his job without given notice. My husband never walked out or gave a notice he quit. They even stated that he quit on December 12,2020. The employer cut my husbands hours slowly over time from 40 hours to no hours at all and even took him off the schedule because they did a mass hiring and started cutting hours left and right. My husband didn’t even know he still had the job due to the fact he had no scheduled hours. It makes no sense that they claimed he quit on December 12th when he worked grabbed a shift on the 26th of December and got paid on the 31st because it was a job that paid weekly. We were wondering if it would be worth to go through with the appeal with this knowledge and if he would have a chance of winning if he told this to the appeal officer.

Last edited by RyneVidree; 02-22-2021 at 05:34 AM..
Reply With Quote Quick reply to this message

 
Old 02-22-2021, 08:02 AM
 
13,139 posts, read 21,055,284 times
Reputation: 21440
What state is this in?

What evidence/documentation dies he have to support his version of events?
Reply With Quote Quick reply to this message
 
Old 02-22-2021, 08:53 AM
 
3 posts, read 1,261 times
Reputation: 10
State of Ohio. We pulled up bank records of 3 direct deposits made from the employer made on Dec 10, Dec 17 and December 31. And the employer stated that my husband quit without notice on December 12, 2020
Reply With Quote Quick reply to this message
 
Old 02-22-2021, 10:43 AM
 
13,139 posts, read 21,055,284 times
Reputation: 21440
Does those deposits accompanied by a pay explanation showing actual wages for work? Payments alone could be twisted to say they were for payout of accrued vacation, reimbursement for advance unused medical premium, return of deposit on company equipment, earned bonus, audit of payroll, etc. You really need some pay statement to show the deposit was for work performed. If you have that, great. If not, it's just a detour.

Does he have copies of the schedules or can he have someone get him those back schedules?

Does he have any phone logs showing he contacted the employer on days he was not schedule checking to see if he was on it or if any work came up?
Reply With Quote Quick reply to this message
 
Old 02-22-2021, 10:53 AM
 
3 posts, read 1,261 times
Reputation: 10
He didn’t qualify for any vacation time because he didn’t reach the work period it took to qualify for those benefits with the company yet. He can no longer access his schedule or anything because the credentials they gave him when he first started became invalid and when he reached out to the company they kept putting him on hold in hopes he would hang up. He was employed as of Dec 26. Because that was the last date he was scheduled. They never notified him of termination they just cut his hours down to 0 and stopped providing assignments. They claimed he quit without reasoning on December 12.2020 for another job when that wasn’t the case he’s been working with that company till the last paycheck that was sent.
Reply With Quote Quick reply to this message
 
Old 02-22-2021, 11:17 AM
 
13,139 posts, read 21,055,284 times
Reputation: 21440
If the employer is saying he quit without notice (job abandonment) there really isn't anything they show but their own notations that he quit. It's one of the easiest for them to show. It's an extra added bonus when they do it by not scheduling an employee to work. So, the burden to prove job abandonment under this situation is a piece of cake.

Now, your husbands job is to prove them wrong. He does that by having the employer admit he was working or showing he did in fact work. So, lets get back to my question:

1. Does he have any payroll or earnings statement accompanying the deposits that show it was for work performed? As I said, a deposit alone could be for anything the company claims. He needs to show it was for work performed.

2. Is there anyway he can get anyone (coworker) to access past schedules to show he wasn't on it?

3. Can he show by documentation (like a cell phone log) attempts to contact the company about the scheduling during the disputed period?
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Work and Employment > Unemployment

All times are GMT -6.

© 2005-2024, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top