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I don't know if there's been a thread exactly like this. I have been at my job 4 months, and my boss and I have had frustrations with each other and disagreements based on misunderstandings and different personalities. I have tried to talk to him, to eliminate these misunderstandings, but he never has time and keeps putting it off - basically, I'm just not a priority. I'm miserable but I can't quit, I need this job, there's nothing else out there in my field right now. I see my job posted online - it HAS to be mine, there are too many coincidences. I know he wants to get rid of me and I know he doesn't want to pay unemployment. If he fires me I can ask for it in writing, but he doesn't have to comply. I don't trust him at all. How do I protect myself if he fires me but then tells unemployment that I quit? It's just word against word. I need a witness that I tried to work things out with him, that he never gave me a chance, but he can force my coworkers to lie.
Start keeping a diary of your interactions and attempted interactions. Forward/blind copy emails to a personal email account. If you can, get a written copy of your job description. Create as much of a paper trail as possible.
He can't claim you quit unless he has something in writing proving that.
There is a reason I worded my response the way I did. An employer cannot dispute an unemployment claim unless they have PROOF. If they have none, the unemployment office would find in favor of the worker.
Usually employers have workers sign papers stating they've received an explanation of their rights and options for COBRA, retirement plans, etc. That would constitute proof, in lieu of a written resignation. Witnesses who hear an employee quitting would also work.
And if the worker has a paper trail of their own, like I suggested above, that would call into question any employer's claims of a resignation.
I don't understand why employers deny unemployment for terminated employees who were fired due to gross misconduct. Aren't unemployment benefits paid through taxes that have already been paid to the state or US government by the time someone is laid off or discharged? Or that unemployment benefits have to be paid to the state or US government regardless? So why not allow the benefits to get passed on to the former employee?
I thought it was an extra "fee" for employers, I don't know. I can write down the days and ways I tried to talk to him. I feel I need to show he doesn't like me and never did. I don't have any emails though, we are a very small company and I can't communicate w/ him via email because he would not respond. I'm in an at-will state so he can fire me for any reason.
I don't understand this -
"Usually employers have workers sign papers stating they've received an explanation of their rights and options for COBRA, retirement plans, etc. That would constitute proof, in lieu of a written resignation."
I didn't sign something like that, but how does that constitute proof of an employee quitting?
First, its Unemployment Insurance tax rates that the employer must pay to the state/federal coffers. Their rates are based on the payouts from the previous year. The higher their payout, the higher their rate, the lower, the same. No its not a tax, its a variable amount, based on the amount of employees, and the amount of payroll, times a multiplier (rate) Beginning rate for a new employer is 2.7%, then it changes after 18 months due to "Experience"
Second, go to any electronics or office supply store and buy a $30 pocket recorder, they are voice/sound activated and will hold over 3000 hours before filling up. You keep that on for the day and you will have your evidence of what is verbally said to you and what you say to them.
They are legal, and you can use it as long as you know you are recording the conversations. The police wire people all the time, and use the wire information in court. As long as one person is aware the conversation is being taped, its legal.
No, quitting or resigning doesnt have to be signed, it should be, but theres no requirement. And, the UE office doesnt always go with what the employer says, nor the employee. If the employer has 3 people on a conference call saying a person quit, and the ex employee says I didn't, they will go with the one that has the most compelling statement. 3 against one.
Cover your ass
[quote=sinsativ;14682199
Second, go to any electronics or office supply store and buy a $30 pocket recorder, they are voice/sound activated and will hold over 3000 hours before filling up. You keep that on for the day and you will have your evidence of what is verbally said to you and what you say to them.
They are legal, and you can use it as long as you know you are recording the conversations. The police wire people all the time, and use the wire information in court. As long as one person is aware the conversation is being taped, its legal. [/quote]
Not quite true. In some states it is legal if one party knows the conversation is being recorded; in others both parties need to be aware the conversation is being recorded. You should check to see what the rules are for your own state before recording anything.
Twelve states require, under most circumstances, the consent of all parties to a conversation. Those jurisdictions are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington. Be aware that you will sometimes hear these referred to inaccurately as “two-party consent” laws. If there are more than two people involved in the conversation, all must consent to the taping.
Thank you... I really don't feel comfortable using a recording device but I'm glad to know I'm not in one of those 12 states! I hope I am just over-worrying but I will be careful with what I say and how I act and I will document anything applicable. Thank you all so much.
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