filing for unemployment

[veggirl]

I feel like I'm spamming this section

 

When I was fired (sept 2nd) I immediately filed for unemployment. For reference, when fired the owner said it was because I deleted emails rather than responding to them (a lie) and because his niece said I'm unhappy there.

 

Anyway, I just got a call from the unemployment office asking for clarification on some things.

 

My old employer told them that I was fired because on Sunday 8/31 I volunteered to work to do some apartment inspections for our move ins on 9/1 and that out of the 5, I only completed 2 and didn't notify anyone or complete any paperwork on the inspections.

 

This is a blatant LIE. I did every inspection I needed to do (there were actually only 4, not the 5 that she said) and I left my paperwork in our company car planning on collecting it when I came back in on 9/2 (the day I was fired instead).

 

WTF do i do now?

 

I am scared I will be denied unemployment now. What they are claiming is a lie!! I didn't skip any of my work, I did exactly what I was supposed to do. I'm just at a loss. I don't know why they are saying these things. Esp bc those aren't even the reasons they said they fired me.............this is why I wanted a termination letter, so I'd have IN WRITING why I was let go.

 

I am considering demanding to review my employee file. I live in PA and according to the links posted in my other thread, this is my right.

 

Ugh I'm just confused and tbh really hurt by all of this...I was always the one who volunteered to work when no one else wanted to, I always went above & beyond and this is what I get?? What should I do? Wait and see if I am denied for unemployment? I feel like I should be pro-active than that.

[d0nnivain]

If you are denied unemployment you appeal. I'd hire a lawyer who specializes in this. But you don't take the lies lying down.

[veggirl]

If you are denied unemployment you appeal. I'd hire a lawyer who specializes in this. But you don't take the lies lying down.

 

Thanks. I guess I'll wait on the decision. I just don't understand why they are doing this.

[d0nnivain]

They who? Your former employer? Employers lie to save money. Their rating changes & they have to pay more if people claim their unemployment benefits. Unemployment may be doing this because they think they are following the law: after the financial crisis of 2008 certain penalties were put into place regarding collecting unemployment. There are also grades of penalties. You may have to wait for a certain # of weeks before the benefits kick in or be denied outright. Either way read any decision carefully & check the website for more info. It might not be as bad as you think. Make sure unemployment knows your side of the story.

[pink_sugar]

If you are denied unemployment you appeal. I'd hire a lawyer who specializes in this. But you don't take the lies lying down.

 

This. Just keep in mind that this process can delay your benefits for a few months depending on how backed up the court is. Your employer will need to provide proof at the hearing.

[veggirl]

They who? Your former employer? Employers lie to save money. Their rating changes & they have to pay more if people claim their unemployment benefits. Unemployment may be doing this because they think they are following the law: after the financial crisis of 2008 certain penalties were put into place regarding collecting unemployment. There are also grades of penalties. You may have to wait for a certain # of weeks before the benefits kick in or be denied outright. Either way read any decision carefully & check the website for more info. It might not be as bad as you think. Make sure unemployment knows your side of the story.

 

I mean "they" as in my former employer. I guess I can see the reasoning behind lying but I don't see how it's a good business practice. I guess as long as no one argues against it, it is a good one though because it saves them money. It's just very discouraging. I've read up on the PA unemployment laws, they are trying to show I blatantly disregarded company policy (I didn't) and therefore am ineligible. There's a one week waiting period for claims to kick in here.

 

I filled out a form that was mailed to me from the unemployment office explaining why I was let go etc, and this phone conversation I had was new info to me because it wasn't the reason I was told when I was let go.

[MsSmurf]

I don't know your industry at all, but it would seem to me that if you were the kind of employee not doing work that you were told to do then there would be documentation in your employee file of such reprimands and action taken to help you improve. If there is no history of such behavior I would think it difficult for the employer to justify firing you for this specific reason.

 

When you were doing your inspections, did anyone see you? Was there a key card you had to swipe to get in, a security guard who opened the gate, anything/anyone at all that might at least provide a timeline of your whereabouts? My thought is that if it takes say 1 hour to do an inspection and there were 4 for you to complete then the timeframe you were on the premises should help support that you were doing what you were supposed to. It might be a longshot, but the more information you can give unemployment the better.

[veggirl]

I don't know your industry at all, but it would seem to me that if you were the kind of employee not doing work that you were told to do then there would be documentation in your employee file of such reprimands and action taken to help you improve. If there is no history of such behavior I would think it difficult for the employer to justify firing you for this specific reason.

 

When you were doing your inspections, did anyone see you? Was there a key card you had to swipe to get in, a security guard who opened the gate, anything/anyone at all that might at least provide a timeline of your whereabouts? My thought is that if it takes say 1 hour to do an inspection and there were 4 for you to complete then the timeframe you were on the premises should help support that you were doing what you were supposed to. It might be a longshot, but the more information you can give unemployment the better.

 

No, I was definitely never reprimanded for a single thing while I worked there.

 

There's no key card etc for the inspections, for 2 of them I took photos of the interiors because we needed them for our website. Those would be on the company camera and proof I was there. For the last 2, no there isn't really physical proof I was there. I did however park in a lot the company owns nearby and walked to the building, so if they checked the security camera at the parking lot, they could see I did park there, and there'd be no reason for me to park there for non-work related things. I probably should have mentioned that on the phone w/ the unemployment representative but I was so caught off guard by what he was telling me they said

 

Would it be inappropriate to contact my former employer and clarify basically what I said here? That I did do the work I came in to do and suggest if they check the parking lot camera they can see that?

[pink_sugar]

It doesn't sound like you have much to worry about. They have little documentation of their accusations. There is also no proof of written reprimands, which usually need to have an employee signature saying they received such written reprimand.

[Greenberet]

Employers do lie, sadly. I had a job once where I was hired to be full time, only to be told after accepting that "Well...it's part time until someone leaves." I was pissed, and only got 8 hours a week at first. So I applied for continuing unemployment as I was getting off being on a month of it, and I was told I could.

 

I never got the money for the week I applied, and 3 months later get a notice claiming "I was full time at the time of applying" so I was denied. It was a blatant lie on their part, but I didn't bother pursuing it for the measly amount and I was getting more hours by then.

[pink_sugar]

Employers do lie, sadly. I had a job once where I was hired to be full time, only to be told after accepting that "Well...it's part time until someone leaves." I was pissed, and only got 8 hours a week at first. So I applied for continuing unemployment as I was getting off being on a month of it, and I was told I could.

 

I never got the money for the week I applied, and 3 months later get a notice claiming "I was full time at the time of applying" so I was denied. It was a blatant lie on their part, but I didn't bother pursuing it for the measly amount and I was getting more hours by then.

 

My husband had to do this recently when getting 5-15 hours a week and will have to do it again most likely since he's on call and has unstable hours. I don't understand the point of hiring someone for only 10-15 hours a week. Both of us have had employers tell us there was full time potential and never saw it.

[Greenberet]

My husband had to do this recently when getting 5-15 hours a week and will have to do it again most likely since he's on call and has unstable hours. I don't understand the point of hiring someone for only 10-15 hours a week. Both of us have had employers tell us there was full time potential and never saw it.

 

With that situation I got the distinct impression that they wanted quality full time people, but for part time. Maybe they thought asking for only part timers would get them crappy employees? It doesn't make sense either way, and they hold ALL the power. I didn't have health insurance through work at the time, but if you do and your hours get cut they make you go through COBRA which is insanely expensive.

[pink_sugar]

With that situation I got the distinct impression that they wanted quality full time people, but for part time. Maybe they thought asking for only part timers would get them crappy employees? It doesn't make sense either way, and they hold ALL the power. I didn't have health insurance through work at the time, but if you do and your hours get cut they make you go through COBRA which is insanely expensive.

 

That's like the situation we're in. My husband was full time for 3 months while covering for someone on maternity leave and we'll probably face losing benefits after only having them 2 months! He's supposed to get promoted to corporate (though still part time) but they are taking their sweet time on letting him know if they are moving forward with the position. I told my husband to start looking for other work in the meantime. No one can make it off of 5-15 hours per week

[MsSmurf]

No, I was definitely never reprimanded for a single thing while I worked there.

 

There's no key card etc for the inspections, for 2 of them I took photos of the interiors because we needed them for our website. Those would be on the company camera and proof I was there. For the last 2, no there isn't really physical proof I was there. I did however park in a lot the company owns nearby and walked to the building, so if they checked the security camera at the parking lot, they could see I did park there, and there'd be no reason for me to park there for non-work related things. I probably should have mentioned that on the phone w/ the unemployment representative but I was so caught off guard by what he was telling me they said

 

Would it be inappropriate to contact my former employer and clarify basically what I said here? That I did do the work I came in to do and suggest if they check the parking lot camera they can see that?

 

Yes it would be inappropriate. You're already in a their word versus your word situation with them regarding unemployment. Do not make it worse by contacting them and giving them the chance to twist that conversation to their advantage. Get a notepad and document everything you recall about that day's work, every little thing. If you have any copies of performance evaluations, reprimands, even an email saying job well done or fix this, etc then gather them. If unemployment sides with your employer then you can appeal and you'll need all the info you've gathered to help yourself.

[jonsnuh]

What I don't understand is that even if you win a unemployment case against an employer for harassment, wrongful dismissal, whistleblowing, etc... would you even want to go back to working at that firm? What's to say that the firm has your best interests in mind? What would be the best next step to go from here?

 

Don't other employers that you are interviewing for see one who's gone through all this trouble as a 'troublemaker', and thus more as a liability for being 'inflexible'?

[veggirl]

What I don't understand is that even if you win a unemployment case against an employer for harassment, wrongful dismissal, whistleblowing, etc... would you even want to go back to working at that firm? What's to say that the firm has your best interests in mind? What would be the best next step to go from here?

 

Don't other employers that you are interviewing for see one who's gone through all this trouble as a 'troublemaker', and thus more as a liability for being 'inflexible'?

 

How would a new employer know about any of this, unless I told them?

 

Of course no one would want to go back to work for an employer that screws them over...does that mean you should roll over and do nothing? Let them get away with it? So they can continue doing it to other people?

[veggirl]

So, I got my determination letter today...I was denied. They said that the employer provided proof that I did not do the inspections. What proof?? There can't be any proof because I.DID.THEM.

 

My guess is that they threw away the inspection forms I filled out and then claimed I never filled them out.

[pink_sugar]

So, I got my determination letter today...I was denied. They said that the employer provided proof that I did not do the inspections. What proof?? There can't be any proof because I.DID.THEM.

 

My guess is that they threw away the inspection forms I filled out and then claimed I never filled them out.

 

Appeal right away. They can deny a claim just speaking to an employer on the phone. You need to take this to court.

[NJ123]

So, I got my determination letter today...I was denied. They said that the employer provided proof that I did not do the inspections. What proof?? There can't be any proof because I.DID.THEM.

 

My guess is that they threw away the inspection forms I filled out and then claimed I never filled them out.

 

How long did you work at this place for? I believe you have to work a certain amount of time at a place to be able to collect unemployment in the first place.

[Got it]

Appeal. They will need to provide you a copy of the proof (they being the unemployment commission). You can then figure out your argument once you receive the evidence. Sorry that it is going in this direction.

[veggirl]

Appeal. They will need to provide you a copy of the proof (they being the unemployment commission). You can then figure out your argument once you receive the evidence. Sorry that it is going in this direction.

 

They will provide me the proof before the hearing?

[pink_sugar]

They will provide me the proof before the hearing?

 

For me, no evidence or proof was shown before the hearing. Ex employer first claimed that I quit and I appealed as I quit due to 2 weeks of no work. During the hearing, they ruled that 2 weeks of no work was tantamount to a layoff and their reasoning for terminating employment before the end of my notice period did not disqualify me from unemployment. (They said performance issues). They also did not pay me for a day of work that was within my notice period. Just cross your fingers. I'm sure it will be resolved in the hearing. Also, try to think of any proof you may have that you did these inspections...anything. ..witnesses, receipts etc.

[d0nnivain]

They will provide me the proof before the hearing?

 

 

this is why you need a lawyer. Some administrative agencies allow limited exchange of info before the hearing but there are special ways you have to ask for it.

[somedude81]

So, I got my determination letter today...I was denied. They said that the employer provided proof that I did not do the inspections. What proof?? There can't be any proof because I.DID.THEM.

 

My guess is that they threw away the inspection forms I filled out and then claimed I never filled them out.

 

Sounds like a really crappy situation veggirl.

 

Do you have any copies of the work you did?

 

If all you did was turn in forms and have no records, and take pictures on a company camera which you then turned in, it's very possible for them to throw away and delete all evidence.

 

Do you have any documentation at all? For example if you turned in something, somebody from the office signed off on it?

[veggirl]

Sounds like a really crappy situation veggirl.

 

Do you have any copies of the work you did?

 

If all you did was turn in forms and have no records, and take pictures on a company camera which you then turned in, it's very possible for them to throw away and delete all evidence.

 

Do you have any documentation at all? For example if you turned in something, somebody from the office signed off on it?

 

All I have that is even close to proof is texts to a coworker from that day saying basically "I had to ask these people to leave so I could go do half the inspections" blah blah blah and then later I text her about other stuff and included "then I finally left to do the last inspections".

 

I just don't get if its their word vs mine, why does theirs automatically win? I know they threw away the forms we fill out. They had to have.

 

Not to mention this s.hit isn't even the reason they gave me when they fired me.

 

I'll fill out the appeal paperwork. Maybe those texts would help me.

 

It's also curious as to WHEN they supposedly realized I "didn't do" the inspections. I did them Sunday 8/31 and we were off on Monday 9/1 and I was fired BEFORE anyone even got to the office on Tuesdsay 9/2.

 

I KNOW this s.hit is all being made up after the fact.