Personal Finance

How to Get Unemployment Benefits

Comments 202 Comments

For millions of Americans, unemployment benefits provide a lifeline that lets them keep the wolf from the door. But collecting those benefits isn’t always simple. Unemployment claims are often denied, and sometimes for avoidable reasons.

I spoke recently with Spencer Cohn, national employee representative and founder of BeatTheBoss. He specializes in helping workers collect rightful unemployment benefits. I asked him to share tips for collecting unemployment benefits, and he gave me a lot of them. Here are the highlights:

Tip #1: File

Cohn told me the most common reason people aren’t able to collect unemployment is because they don’t file for benefits. One reason they don’t file is that they think they will go back to work soon. “That’s the biggest mistake because that’s another week that you don’t get unemployment,” he says.

Another reason they don’t file is that they assume they aren’t entitled to benefits.  “People think that if I quit my job I can’t collect unemployment. That’s not true. If you have good cause and you tried to preserve your job before you quit, then you are entitled to your unemployment,” says Cohn.  For example, an employee may refuse to work because he thinks his working conditions aren’t safe. If he documents the problem with his supervisor and the employer refuses to correct it, he may still be able to quit and be eligible for unemployment benefits. Here’s how to collect unemployment if you quit your job.

Tip #2: Read and Respond

Once you file for unemployment compensation, your case will be reviewed by an adjudicator. That person decides whether you are entitled to your unemployment benefits or not. You will be sent a Notice of Determination explaining whether you are eligible for benefits or your claim has been denied.

Sounds simple enough, right? Just try reading one of these notices. Cohn read a Notice of Determination to me and my first response was,”huh?” He had to walk me through it another time before it started to make sense. My reaction apparently is not uncommon. But unfortunately, many people just throw it in the pile to figure out later. Big mistake, as I’ll discuss in a minute.

The Notice of Determination will typically state whether the employer is chargeable for your claim or not chargeable. If the adjudicator determined the employer was not chargeable (which essentially means you aren’t getting an unemployment check) you will have to request an appeal within a very specific period of time – 20 calendar days in Florida for example. If you appeal, then a hearing will be held to determine your eligibility.

When you get your Notice of Determination, read it carefully. If you aren’t absolutely certain you understand it, then get help. Don’t assume that you aren’t eligible for benefits. If you don’t file an appeal by the deadline, warns Cohn, your benefits will be denied and it’s usually difficult to reopen it.

Unemployment claims are denied for many, many reasons but the most common are that the employee:

  1. Commits misconduct, or
  2. Quits a job without good cause

But even then, it’s not always clear cut.

Say you were fired for violating a company policy. The employer may not give you any strikes and may fire you on the spot. But that doesn’t mean you aren’t eligible for unemployment benefits. The unemployment appeals office may find there is good cause to separate from unemployment, but it’s not sufficient to deny unemployment benefits. In addition, these policy violations typically have to occur at the workplace. If they are not directly related to work, they generally can’t be a reason to deny benefits.

Or perhaps you were fired for absenteeism. If you were late or couldn’t get to work for a compelling reason (traffic, illness, or a major snowstorm, for example), you could still collect unemployment provided you called and let your employer know about the problem and explained that it was beyond your control.

If your employer does write you up for a violation, “Don’t refuse to sign it, or you can be fired for insubordination,” advises Cohn. “What you should do is sign it, explain on that document why you disagree, and then indicate that you are not finished or that your explanation is not complete.” Insist on a copy for your records.

Tip #3: Fight

If your unemployment claim does go to a hearing, your case will be assigned to a Referee/administrative law judge. And it can get ugly. Your employer has plenty of incentive to challenge your claim. If you are successful, the employer’s unemployment insurance tax rate will go up – often significantly. And don’t forget that state unemployment funds are strained, which may result in state workers looking for reasons to deny claims.

Cohn recommends claimants get help preparing for their appeal. “The employer comes in with witnesses (who likely still work for the employer), an HR person, maybe even an attorney,” he cautions. You’ll be outgunned.

The most surprising advice I heard from Cohn? File for unemployment while you are still working. The reason he suggests this is that many people don’t actually know who they work for.  Many employers use employee leasing or staffing companies, and they may not realize they work for another company. “If they separate from employment, they have to notify the staffing company within 48 hours or they lose their unemployment benefits,” warns Cohen, who also added:

“The deck is stacked against the employee, no question about it.”

If you’re concerned about how your credit while you’re unemployed, you can check your three credit reports for free once a year. If you’d like to monitor your credit more regularly, Credit.com’s free Credit Report Card provides you with an easy to understand breakdown of the information in your credit report using letter grades, along with two free credit scores that are updated monthly.

Image by Bytemarks, via Flickr

Please note that our comments are moderated, so it may take a little time before you see them on the page. Thanks for your patience.

  • Pingback: How to Get Unemployment Benefits | The Daily Conservative

  • lisa carton

    Great article! Very informative. I wish I had his help when I was out of work fighting for my benefits. Please, more tips from Mr. Cohn on this subject!!

  • Stephenie Waller

    This information would / could help make a stronger workforce. So many of us are stuck with very poor employment situations, Perhaps even abusive. Due to families or debits we stay stuck. Information like this could let people make carrer or employment changes for a healthy change, making a stronger workforce. (No more disgruntled cashiers at walmart?) Or in a situation where an employer wrongfully terminates you, because of ‘At Will’ states most of us believe there is no point in filling since we ‘know’ we wont get it. The lack of Knowledge and Information is very intimidating for most. Getting this sort of information out there would benefit Thousands of People!!
    Considering this, we must ask, Is the unemployment rate accurate?! Hmmm…..

  • Peggy Manett

    Thanks for posting this valuable information. I believe it is very helpful. There are a lot of people out there that just don’t realize what their benefits are. I will keep watch on this website from now on. And I will also inform my friends and co-workers about this site. I know a lot of people that could benefit from this kind of information. Please keep posting articles like these. Thanks again.

  • Gerri Detweiler

    Lisa, Stephenie and Peggy – So glad you found it helpful! I am already planning a follow up story so if you have any specific questions, do let me know and I’ll get answers!

    Gerri

    • lisa carton

      Hi Gerri:

      I’m so glad!! More ! The employee needs more relevant and useful information that will help us in the workplace. I’d like you to ask Mr. Cohen a series of questions that pertain to everyday work situations . Like what happens if my employer makes me an independent contractor, but treats like me an employee?

  • Andre Velazquez

    Mr. Cohn really gave me some good and usefull advise. Wish i had gotten all this info prior to my hearing.

  • Julie Ruigomez

    Mr Cohn hit the nail on the head. I always thought I was working for employer X but then I discovered that I was a leased employee. This made it difficult for me when I had to fight for my benefits. I wish I had known that I could have had assistance in my battle for unemployment benefits but too many times employees feel they are powerless against their employers.

  • S. Damian

    The article set out important facts regarding the unemployment filing and appeals process that is not common knowledge among employees. It is a apparently a process that most employers are well versed on, but honestly hope that their employees never aquire the same level of understanding. The article was very informative and empowering. It was great to read an article in which the writer encouraged former employees to move forward in their pursuit of unemployment benefits for which they are rightfully entitled. Mr. Cohn should be commended for being a versed advocate on this issue and a strong voice for the employee. Most employers do not participate in the unemployment appeals process unrepresented, so it is nice to have a resource such as this article to provide some guidance and encouragement. I’d be interested to know what percentage of the unemployment hearings former employees actually win? I have heard that it is common in many states, such as Florida, for the hearing officers to not be lawyers/attorneys and to have no formal training; however these states have argued that their hearing officers are experts in the field, but won’t provide the evidence to support their position. Is it any wonder why an employer who shows up at a hearing with a lawyer is able to intimidate an unlicensed and untrained hearing officer. Mr. Cohn obviously creates a balance for his former employee clients.

  • Kim Deleo

    This is a great article that I hope everyone reads because it is SPOT ON. I was denied unemployment for several months but after fighting it, I won because of a bad deternination by unemployment workers. The decision wasn’t against any employer and they should have seen that I didn’t miss any time in work. But he is right in that they find any reason to deny you!!!!!

    • http://www.Credit.com Gerri Detweiler

      Kim,

      Thanks for sharing your feedback and experience.

  • http://googlechrome Helen

    I am now involved with Spencer Cohn in my appeals process and am VERY GLAD. My appeals referee sent out a determination to reverse my previous determination. T he determination was definitely one sided towards employer and hit on items not at issue. It was vague in some crucial areas. This process is all tape recorded so I don’t understand how he came to his decisions! Spencer is on the job now and I am expecting quite a different outcome! Meanwhile I’m still looking for work and looking forward to a reversal in my favor.

  • Pingback: Memo to Obama: Push for Jobs, Don’t Shove Employers : News, Opinion, Truth & YOU!

  • Marcie

    How do I reach Mr. Cohn? I am appealing the second decision, which was against me. I overheard that I was going to be fired, so I quit. I was lied to about what was happening to my position, and overheard that I was going to be ” let go”.

  • Maggie

    I have a situation where I was fired for insubordination which I don’t understand how because an employee and I were discussing how she felt things were not been done properly and I told her she wasn’t doing her job and we are falling behind she felt offended and started to get loud I tried to calm her down but she refuse we both were pulled in the office we were ask did we wanted to go home to calm the situation I stated I had work to do and I didn’t need the other employee decided to go home I had a discussion with my supervisor who agreed with what I was stating and also stated she was getting bad feed back about the next employee few minutes I was pulled back in the office and was let go? What are my chances getting unemployment

    • http://www.beattheboss.tv Spencer Cohn, National Employee Represetnative

      I’m not one to speculate. You’ll never know until you file. I would suggest doing that immediately. If you encounter a problem applying or collecting your benefits feel free to contact me.

      • Dee

        I was being bullied and tormented on a daily basis by my boss as well as some of my coworkers since I started working there; approximately two years. I reported the disrespect and his behavior several times throughout my tenure. Nothing was done. So, I finally got the guts to report it to a VP. An investigation was done and only some of my coworkers were interrogated as well as myself. A month later they came back and said that they found he did nothing illegal. So, my first response to them was to say, “so your condoning is destructive behavior”? I go home crying and almost at the point of a breakdown; which has affected all aspects in my life. the humiliation got so bad that i couldnt take it anymore and walked out. Now i was denied my unemployment. what is my recourse? As he cintinues to do this? i am suffering frim depression now and post traumatic stress. i am about to be evicted and don’t know where to turn.

  • Joni W.

    My boss pulled me into his office to tell me that because our office has been slow and he knows I have a sick family member at home that I take care of, he was going to let me go. The catch was he wanted me to write a letter asking for time off to spend at home, which I didn’t want to write. I said I didn’t want to lost my job and he told me he could “terminate” me, but he would fight my unemployment because he “has things he can say.” This is complete nonsense as I’ve worked for him for 4 years with not so much as a warning about anything he was unhappy with. What are my chances of getting unemployment if he lies about why he terminated me?

    • Gerri Detweiler

      Joni –

      You won’t know unless you try so go ahead and file and then you can find out how he responds. If you need help with your unemployment case, you may want to check out the resources at Beattheboss.tv.

  • Nav

    I worked for a family owned spa for 18 months, I wasn’t the perfect employee but I never had a write up. In late June they called a meeting and had everyone sign a form that said that if we were to receive a warning, we didn’t have to agree with it and we could write our own statement but it had to be signed or we’d be terminated. The next week, they (husband and wife, co-owners) call me I’m to the office and he starts yelling at me stating that I hadn’t been following protocol and they had “red.flagged” me since the previous week. He said they hired someone to call in and make an appt and that instead of following the booking order, I booked the client with my friend and didnt give the client an option. I tried explaining to them that I’ve never had this problem before and that I would never do that but he kept yelling and saying that I had to sign my first and final warning. I told him to call the person they hired to make sure she got the story straight and he did. The person changed the story stating that I did give her an option but I insisted on setting her up with my friend. Let me add that the first person that we are supposed to book is their daughter. So he kept yelling saying how I disrespected him and his family. He told me to just sign it and I said no, I was about to tell him that I wanted to write my own statement on it before I signed it but he interrupted me by yelling at me that I was dismissed, I tried to speak again but he yelled for me to get out and slammed the door behind me. I grabbed my things and left. My cowrkers called me that night to find out what happened and to tell me that he had told them that what happened to me was how things were going to be from now on. So I filled for UI and was told I’d get approved but 3 weeks later I get a call from an investigator asking me for my side of the story because my previous employer was claiming job abandonment. I explained what happened, she said she had to call them back then I’d hear from them by mail. I’ve been checking the status of online and today it said that my claim has been denied because I was fired. I need to appeal but how did go from claiming job abandonment to now I got fired? My ex employer once told me that he didn’t believe in UI, that anyone able to work should be working. He is a man with a bad temper and takes everything personally. I’ve never filed for UI before, I already got a job, I just want what is owed to me. Please help.

    • Gerri Detweiler

      Nav –

      I suggest you contact Spencer Cohen at Beattheboss.tv to find out what your rights are in terms of appealing this decision.

  • James Younger

    I live and work in Arizona. I work at a small bar/restaraunt, and business has died down severely over the last few months. I primarely cook, but a few months ago more than half my hours were cut due to lack of business, to compensate the owner made me a weekend night bartender, and insisted on paying me cash. I have been doing well, making more on a weekend than my new pay checks with the lack of the before mentioned hours. However, now I’m told he needs to drop my weekend bartending due to lack of business again, but that I’ll be on call. Since my hourly rate, and tips are not recorded, will I be ineligible for partial unemployment? As far as I understand it, partial unemployment is there for situations like mine, but did I make a mistake by accepting the bartending gig, instead of filing for partial unemployment immediately? If at all possible please reply [email withheld] thank you. (Ps: knowing my employer and his thoughts on unemployment, he’d definitely try to fight my case)

    • http://www.Credit.com/ Gerri Detweiler

      James The first step in these situations is to apply. and see what happens. Spencer Cohen also answers questions here – we’ll ask him to weigh in.

    • Spencer, nat’l Employee Rep

      You guessed it, you made a mistake by accepting the bartending gig, instead of filing for partial unemployment immediately. Accepting income without reporting it does not bode well in the eyes of the state.

  • Jennifer

    If you lost your first appeal , and you were fired for being late to often and you know for a fact that there are employees that have far more tardies then you had and are still employed , can you use that against the employer for not applying the company policy fairly with all employees In the second level appeal ? I did not mention this at the first appeal because I didn’t want to seem like a tattle tale . Also during the first appeal my employer submitted time sheets that had been altered to set the stage that i had 7 tardies in 2 months , company policy is no more then 6 tardies in 3 months , but I know they doctored up these time sheets to set the stage . How do you over come these issues ?

    • http://www.beattheboss.tv Spencer Cohn, National Employee Represetnative

      Of course, the time to disclose the specific employees who were late would be helpful at your unemployment hearing to show that the rules are not consistently enforced. The same holds true to discuss the allegation that the employer “doctored up” the time sheets. The next level of appeal is a whole new ballgame so to speak. The appeal to the Commission or Board has little to do with the facts. If you would like to discuss this further, and your options, you may contact me for a free consultation toll free 1-(866) 805-9492.

  • maria

    I was wondering so i put my 2 weeks due to i was getting to scared leaving and coming towork at 10:30 pm at night to the point i needed someone to walk me home and walking at night by your self isnt safe i had to have someone to walk me take me to work on the bus and plus cut my hour at my point veiw everyone had good hours beside two of my coworkeR i work in the retail clothes store about year and five months and i also had really back problem to the i need to sit for a little bit so after i give my two week notice the next day i was rush to the hospital and had to sugary on my tail bone and i also have a son to think about to about my safe would i be able to apply for unemploment

    • http://www.beattheboss.tv Spencer Cohn, National Employee Representative

      If you’re able and available to work, then you should apply for unemployment benefits. if you are unable to work, then you should apply for disability benefits. Spencer

  • Raven Wilkinson

    I was terminated for misconduct and denied unemployment. I have an appeal set up soon and if I was bullied and injured as well, which made it more difficult to perform,can this be brought up at the appeal??

    • Gerri Detweiler

      Raven – I’d suggest you check out Spencer Cohn’s website BeatTheBoss.Tv for help with your situation.

  • bessie wright

    I recently quit my job up in March of this year and was denied umemployment I was the hired back as a new hire for the same job now we will be layed off on dec 14th 2012 can i draw unemployment sorry for the misspelled words no glasses

    • http://www.beattheboss.tv Spencer Cohn, National Employee Representative

      Bessie,
      If you quit and you were disqualified you’re not eligible until you’ve earned 17 times the weekly benefit amount. Go back and look at your Notice of Determination Wage and Transcript and see what your benefit amount is and multiply that amount by 17…..that’s the amount you will have to earn by the new employer to be able to collect.
      Spencer

  • Tara

    I was recently fired for not returning to work after maternity leave. I have emails showing that I would be willing to work part time or telecommute like I did before going on maternity leave – I also have emails showing that I asked on several occasions about a place for me to breastpump-they never got back to me. I was then denied unemployment but have filed an appeal and sent in my emails to the appeals commission for the hearing. Is there anything else I need to do and can I be denied unemployment again when the main issue is that my employer did not have a space for me to breastpump?

    • http://www.credit.com Gerri

      Tara – I’d suggest you reach out to Mr. Cohn for assistance.

    • http://www.beattheboss.tv Spencer Cohn, National Employee Representative

      Tara,
      As most claimants don’t realize, the Commission will not hold another hearing. The Commission will not substitute their factual findings for those of the referee and finally, the Commission will not entertain new evidence that could have been presented at the time of the hearing. It may not be too late to supplement your appeal with the proper argument, feel free to contact me for a free consultation to discuss further, call toll free 1-(866) 805-9492. Spencer

  • Natali Jaramillo

    I recently quit my retail women’s fragrance counter manager job, due to unprofessional and unethical work practice. Management was making it very difficult on me to run and be successful at my job. Due to the stress and the hostility of my work environment I had to quit, the human resource manager that should be impartial said to me, that it was not my job to be policing the merchandise. Gift with purchases were being abused for years before I took over the counter. Employee’s where not happy with the way I managed the counter, since they were not able to give or abused the gifts.
    I was abiding in the code of business conduct of the company’s policy, do the right thing and ethical thing always. Will I be denied for unemployment.

    • Gerri Detweiler

      Natali – I recommend you read the other article I wrote: Can You Collect Unemployment If You Quit Your Job?

    • jennifer sobolewski

      Did you end up getting approved? I am in a similar situation and I just had my appeal hearing.

    • Spencer Nat’l Employee Rep.

      Based on the information you’ve provided, you will likely be denied benefits. Why did you quit or give notice on THAT day? Typically, something triggers an employee after a build up of frustration. Usually, when employers terminate employees without a proper investigation or fail to apply lesser discipline first, they also lose. The first thing one should do is put your grievance down in writing and forward it to your supervisor. Keep a copy for yourself and specify a date when you would like to have the problem resolved, ie., ten days. Then, if the employer fails to act you will have given them an opportunity to cure the problem and the ball would be in their court to act. If the employer fails to respond, then depending how significant the problem is you’ve fulfilled your responsibilities and quitting may be justified.

  • http://ccomwp.wpengine.com julio santiag

    I work as a bellman at a hotel,nightshift.I was fired for ( it sounds bad) covering a camera in a basement, in the day the hotel has a staff of over 25 people,at night its me and a desk clerk who is stuck behind the desk,leaving me a list every night of houseman.,garbage man,engineer. Ice man,exterminator,ect,etc,one evening my clothing got tainted bring down the garbage,so on my break I went to the basement found the break room locked,and began to undress to wash my foul clothing, seen the camera, and decide to cover it while I did my clothing.35 min,,I did not know that the safe was robbed up stairs and I found out after I was let go and feel that was the real reason,I have been waiting 3 months for my unemployment.

  • gary johnson

    not sure what else to do

  • gary johnson

    same as before

  • Troy Theisen

    Hi Gerri,

    Great article! I was wrongfully terminated for an instance where a supervisor told me to do something, which I did, and then he denied ever telling me so to protect his own butt. Another supervisor backed him up. I appealed it through my company, and they still found in their favor. I had a few write-ups in the past for not checking patient’s I.D.s before administering therapy, and they added those onto why I was terminated, which hadn’t been mentioned in the first place. There was also a ton of speculation on their part, the details of which are extensive. I have filed for unemployment, but I have not been interviewed by the D.E.S. yet. Do I have a leg to stand on? BTW, I am taking my appeal to the next level, which is my supervisor’s supervisor’s supervisor’s supervisor. If the termination is upheld at that point, then I go before a board of my peers. I am hoping that I don’t have to keep going with this. I would just like to receive my benefits and, in the meantime, look for employment elsewhere. Any specifics you can apply to my current situation would be most helpful.

    Thank you and kind regards,

    Troy

  • Sheila Reese

    I live in New Jersey and I filed for unemployment at the end of December after being unemployed for a week. I never received any confirmation. I’ve tried checking on the claim’s status and it says I never applied. I tried re-filing but now the website doesn’t work. I’ve tried phone calling numerous times, but the recording continues to say that they are exeriencing high call volumes due to the storm/hurricane and you should file online. I thought I was going to get hired for a job a few weeks agoe so I was just going to forget about it, but i’m still unemployed and I’ve lost all those weeks of payment.

  • Gregg

    Hello, I was recently fired from my job in california when accused of stealing. I never took anything and the evidence they have is an auction printout from my computer which I didnt print out and isnt an item they said they can prove came from within the building. They have no video evidence or anything…they fired me basically saying they cant prove it with items missing or video but just a lack of trust. I am worried about not getting Unemployment but they have no evidence of me taking anything. They dont even have a list of missing items!

    • Spencer, Nat’l Employee Rep.

      Based on the information you’ve provided, sounds like hearsay to me. I would focus on who else has access to you computer.

  • Pingback: The Unemployment Benefit Solution So Simple the Government's Already Doing It | Credit.com News + Advice

  • Pingback: 10 States that Gouge the Unemployed (and the Existing Solution) | ComparePlastic

  • Tommy Gibson

    I filed for unemployment back in July I was approved for unemployment I file weekly with no problems but thus week I filed but they said they couldn’t file my payment due to some fusion that would be mailed to me but I looked online and they have my address wrong what is going on

    • http://www.beattheboss.tv Spencer Cohn, National Employee Representative

      Tommy,
      Make sure the agency has your correct address. The information that you provide to the agency is vital in collecting your benefits. Verify your address.

  • michelle

    I just filed for partial unemployment today because my hours are part time. I was hired 11mo. ago as a full-time employee. I have only been given full time hours about 6 weeks total since I started!!I recently have been treated unfairly and disciplined for example, forgetting my hat 1day and got hours cut , when others repeatedly don’t wear there hat, constantly on there cell texting while at work, stand around and never get discipline, and I am constantly busy, never play with cell phone, and always hoping for appreciation for my hard work by my employer, the GM who I feel discriminating against me. I am a 43 yr old white female, and I am the minority at my job. I am the hardest worker and fulfill my scheduled days. several employees and my day shift manager has told me on many occasions that I work to hard. I have hoped that after many pleadings with my GM, and now with the DM, that I would get the hours I deserve!! So, im wondering if they can fire me for filing for partial unemployment when I have expressed many times my willing to work any hours and denied those hours I was hired in at?

    • http://www.beattheboss.tv Spencer Cohn, National Employee Representative

      Michelle,

      You can always file for unemployment benefits whether you’re working or not. It’s up to the state to determine whether you are eligible and qualify for the benefits, not the employer. I always encourage employees to file while they are working 1) to see who their employer really is, ie., a lot of employees across the country work for leasing companies and don’t know it, until the day of their unemployment hearing 2) to see how much the employer is reporting to the state and 3) to see if the benefit is more than what they are earning each week. If you’re making less, the state may provide the difference.

      Based on what you’re describing, that you’re being treated unfairly at the workplace, you may try filing a charge with the Equal Employment Opportunity Commission. If you have any further questions, feel free to contact me toll free 1(866) 805-9492.

      • Chris

        Hi spencer, I am about to quit my job due to a harsh working environment, I got hit in the nose by another employee, bloodied it *could be broken* and I can only breath smoothly through one nostril, and on top of other things, I have a bad back as well, and its only gotten worse through working with this employer the past 2 years. I told the boss but it didnt really make a difference because when I work with that certain employee I am afraid hes going to smack me in the nose again. Any comments/opinions if I should be able to get UE? Thanks for your time.

  • Carmen

    Does the employer have to disclose witnesses before the appeal hearing? I was under the impression that he had to tell both the appeal hearing office as well as the claimant 24 hrs before the hearing.

    Also, will the hearing officer take the employers initial reason given (relating to job performance) into consideration at the hearing,even if the employer changes his reason? I was determined eligible after he gave his initial reason for termination, but since that didnt work, he is changing reasons (per evidence he has submitted since) saying it was because i was absent/ tardy. Will this matter?

    I sent a subpeona as well, but he did not send what i actually needed-basically just enough to say he had sent it, but nothing that actually helps. So I requested a continuance, but the deputy clerk says she will not ask the hearing officer if i can have the continuance, because the case has been continued too much, & that I will have to take it up with the hearing officer at the hearing. Do you think there is a chance the hearing officer will grant the continuance at the hearing? I really need the continuance b/c I have not submitted any evidence b/c I was waiting on the contents of my personnel file. Thank you for any advice, it is very much appreciated.

    • http://www.beattheboss.tv Spencer Cohn, National Employee Representative

      Carmen,
      No, the employer does not have to disclose the names of witnesses before the appeal hearing. This is an administrative hearing so things are run a little differently. However, with proper representation, once the witnesses are announced at the hearing, one can effectively cross examine the first witness as to what the other witnesses know. If the other witnesses are providing similar testimony, the referee will likely dismiss them. In advance of a hearing, I always ask my client who was present during separation or who has information about your separation so I can anticipate who the employer will present and effectively cross examine them.

      Anything you or the employer submits to the agency is available for the referee to consider. If the employer initially submits a reason for separation and then amends it later, the reliability is certainly greater early on, but the employer can always add additional reasons saying there were contributing factors.

      Subpoenas are not enforceable in administrative hearings unless you take the subpoena outside of the administrative jurisdiction, but that is typically cost prohibitive and time consuming. Anything the employer possess is company property, including your personnel file. Generally, is is unavailable unless there is a pending lawsuit in court.

      • Gerri Detweiler

        Spencer – Thanks for all the help you are providing to our readers! It’s much appreciated.

  • Christin

    I live in NJ, last December I went out on maternity leave and then additional bonding leave. My employer is a small business so none of the FML applys to to either of us. However, after telling him I was to continue bonding leave my job was no longer available. I sent him text msg and went into the office the day i was to return and he had no communication with me. I was awarded unemployment, which of course he appealed. I did the hearing and won.. Weeks later I got another appeal in the mail from him. stating corrections needed to be made from the hearing we had? I responded to this to the tribunal stating that his appeal was late by 2 days.. what are the chances of UE holding up to that policy for the employer? We both had ample amount of time to respond. This has been going on for over a year and I just need peace from this man. Any clairity would be appreaciated!

    • http://beattheboss.tv Spencer Cohn, National Employee Representative

      Christin,
      Keep this in mind, the employer in Florida is paying the unemployment taxes for your claim. In New Jersey, the employee and the employer contribute together. Unfortunately, I don’t speculate as to what the Commission will do. If the Commission does remand the case back for another hearing, contact me and I will be happy to help you.

  • Gail Chagal

    I have worked at my company for 3 years on 2nd shift Monday-Thursday. Due to business needs they are expanding their 2nd shift hours to 7 days/week and are asking employees to work weekends. I cannot as I have a weekend job. They do not have more business but claim they need the 7 day workweek to reduce lead time on customer jobs as well as have machines available for maintenance. If I do not agree to work weekends and they terminate me, can I collect unemployment insurance. I work in WI. Thank you.

  • http://www.beattheboss.tv Spencer Cohn, National Employee Representative

    Gail,
    Were you hired to work full time, part-time or something else? It sounds like they are materially changing the terms of hire and giving you an ultimatum, which is not a choice at all. Feel free to contact me to discuss further and how to proceed. Toll free 1-(866) 805-9492. Spencer

  • Ashley

    I was hired as a per diem employee 10 months ago and have been given 40hrs up until a few weeks ago when my supervisor told me due to her budget and how slow we have been she is reducing my hours to about 15 but can’t guarentee anything.I filed for unemployment since my hours were reduced so drastically. I just found out that my claim is going to be sent to an “adjuster” because the company “checked the box that says still employed/on call”. The unemployment office said it could take another 8 weeks to hear something and to move the process along faster I could contact HR and ask them to resubmit paperwork stating “hours reduced”. I contacted HR and they argued saying since I am a per diem they have the right to reduce my hours and will not change the information they sent to the unemployment office. Am I eligible to collect since my hrs were reduced regardless of my per diem status?
    Second question…One thing Im worried about is they had a full time 2nd shift position open for a while that I never applied for (for many reasons…shared car mostly and I live 45 mins from my job and I know I could not find a ride home at midnight). That position has now been filled and now most of the hrs they are offering me are not 1st shift which is what I had been working. I take all the hours I can but when they ask me to work til 7pm I have to tell them I can only be scheduled until 530pm because I have to work around my husbands work schedule especially now since he is the primary provider. Can being unable to work some of the hours they are offering disqualify me from collecting?
    Thank you in advance!

  • Nicole

    I am appealing my unemployment I got fired and the reason they are denying the unemployment is because they say I told them to fire me. I am a single mother there is absolutely no way that I would have told them that. They say I sent and email saying to fire me I had not been in my email for days and I know we had night employees that hacked supervisor emails. Do I have a chance to win this, how ?

    • http://www.beattheboss.tv Spencer Cohn, National Employee Representative

      Nicole,
      Your chance of winning would vary greatly depending on whether you hire someone to represent you versus doing it alone and rolling the dice. If you would like my representation, feel free to contact me toll free 1(866) 805-9492 for a free consultation.
      Spencer

  • Michelle

    I was just fired by a large retail company that I had been with for over 21 years. They have the system of three write ups and if a fourth is done, that equals termination. I had 3 already due to a health problem and a workmans comp surgery. I had used up my 12 weeks of FMLA so every time I had to miss was counted against me even with my workmans comp surgeons work excuse. I then did a stupid thing of horseplaying while on the job and it caused me to be injured. Horseplay occurs a lot even by management. After it was reviewed I was told they were instructed to do the next level of write up and since I had no more then it meant termination. I have been denied UI for the reason of horseplay, although I was not directly terminated from the horseplay, I was terminated due to not having anymore write ups available.. Do I have any chance at an appeal since the other write ups were from sickness/workmans comp injury (that was in no way caused by me)? Thank you!!

    • http://www.beattheboss.tv Spencer Cohn, National Employee Representative

      Michelle,
      What employees don’t realize is that what the employer considers “horseplay” and misconduct is not necessarily what the state defines as “misconduct”. Feel free to contact me to discuss further. Spencer

  • Thanks for valuable info

    I was terminated for breaking a rule i was unaware of. The procedure i followed was the same as always. Had a change of supervisor (temporary) for that day and was fired for job abandonment. Worked 6am to 2:30 pm told temp supervision i was going to leave he said ok asked another worker if he wanted to leave instead cause if he did I’d stay.left then got call from friend that said “they want to fire you for job abandonment.Shocked came back in ten minutes. Lead supervisor said fired b/c didn’t go thru proper communication.I am there 1 1/2 years and was promoted after 10 months. This company has large majority of minorities and immigrants. Lead supervisor is hispanic and I was the only white person in this area???Reason? i think he was looking for a reason his friends brother just got hired a few day b/f and was working in the same area.I was never written up/warned or told wrong procedure plant manager said I should have known after 1 1/2 years there and gave decision over to the guy who fired me. Do you think I can collect.

  • Thanks for valuable info

    I live in Pa

    • http://www.beattheboss.tv Spencer Cohn, National Employee Representative

      Just file….when you receive your Notice of Determination contact me and we can discuss your next move. Spencer

  • Ashley

    I have not been terminated and I still have my job. I am currently looking for another job while still working. I am not sure how long I can take this job and need advice if I will qualify for unemployment if I quit. I feel my employer is not only unethical but also illegal in their practices. My performance is measured against some employees who are conducting illegal practices with elderly customers. I am constantly stressed to produce and sell sell sell. But unfortunately if I want to do it with integrity I don’t meet my goals. Couple of my regular customers, who were taken care of by another employee when I was off, ended up with products they did not want and did not apply for. I have heard from several customers about the same complaints but nothing has been done and the employee has never been addressed. When one of the customers threatened with legal actions, I spoke to the manager about the issue my manager said “don’t worry about it, she’s crazy”. My manager encouraged me and another employee to offer upgrades to customer’s cards. When the other employee quickly corrected him that we cannot say upgrades because these are new applications affecting people’s credit reports. Although he did not further encourage us he simply said nothing. Another issue is stolen overtime hours. This to my knowledge has happened to me on one occasion but it has happened to another employee on more than one occasion. Our time sheets have been altered to get rid of overtime. The stolen from me overtime doesn’t bother me as much as the unethical stuff that is going on the job. I feel that it is the company’s fault for putting such high demands for sales. I have attended to customers who have been victims of similar at other locations so it definitely isn’t only what I have experienced at my location. I would like to leave and concentrate on finding an ethical place of business where I can work. I’m scared I will be denied unemployment benefits if I will leave. Can you please advise. I live in Illinois.

  • http://www.beattheboss.tv Spencer Cohn, National Employee Representative

    Ashley,
    Regardless of the reasons for leaving a job, there is always the possibility that your employer will contest your claim for unemployment benefits and you can be denied your benefits. Having said that, your reasons for leaving the job are compelling. What I would suggest is, like an employer who would document a problem employee with write-ups, it would be to your advantage to do the same with your employer. Document your complaints in writing and submit them to your manager’s supervisor, set up a meeting to discuss your concerns and then after notifying the employer of your concerns, see if the behavior continues. If it continues, then you are in a better position to make your claim for benefits if the employer chooses to contest your claim. Although there is case law that says you can leave your job if you observe unethical or criminal behavior, if possible, you always want to attempt to preserve your job before quitting. If you would like to discuss further, feel free to contact me.

  • Kim

    I was fired because a patient said I was rude to her. I have Been with this company for 7 years. We see 100 plus patients a day and have some to start out hateful before you even speak to them. What is my chances of unemployment and should I get an attorney?

  • Critter

    My wife was laid off Friday June 7th and received a phone call from her supervisor on the next monday asking her to return the following monday. She filed for unemployment on the friday she was laid off. They are not the easiest employers to be around, she does not want to go back there. they have paid her in cash in the past and the last check she received they paid a portion in cash for her vacation time. Does she have a right to quit and receive unemployment due to her employer paying her in cash and now has to work later in the day than what she originally worked?

    • Spencer Cohn, National Employe

      I think what you are asking is whether your wife can quit her job if her employer is not reporting her earnings. It’s a double edge sword when an employer pays your salary in cash. It generally means he is not reporting this amount to unemployment. It also probably means that your wife is not reporting the monies as income. Ultimately, it depends on what she has in her earnings history and whether her quitting was with good cause.

      • joannaluvsnonsense

        I quit after my boss acted in an unreasonable manner without stopping after countless attempts at my part to make things professional.

        He would have drinks during his shifts and then his behavior was extremely negative with screaming fits and him able to blow up at someone and threaten to fire people, but not actually do it constantly.

        Multiple staff will be witnesses to the behaviors, the things that he says and his over all abusive practices in general. He is all about demeaning, swearing, inappropriate joking and drinking.

        I had no other option but to leave.

        what are my options for unemployment? I know it’s hard to get if you quit.

        • spencer, Nat’l Employee Rep.

          Certainly, no one needs to work under those conditions. File for unemployment and if your claim is denied, contact us for help.

  • Pingback: 10 States That Gouge the Unemployed (and the Existing Solution) ← WORLD NEWS

  • Benanddiana Schuster

    Hi, on July 12 2012 My boss and I had a tense argument , starting over my son called me , we are not allowed to use our cell phones, it was about 10 minutes after clocking in telling me he was going to a friends house, My boss immediately asked .. rudely .. why he didnt call my cell phone , I replied ” we can’t use our cell phone ” then she told me that he would need to talk to me before I clocked in , this is my problem , another employee, ( 5 total ) has several phone calls a day from her husband and others) I asked her why it was ok that she receive these calls and I wasn’t , the call took less then 2 minutes !, she raised her voice telling me that I have twice as many calls then she does, which is false , and I told her so .

    this has been building for sometime now , I’ve had to endure cold shoulders , eye rolls, not to mention her and this other employee constantly talked about me behind my back , and has spread false statements about me and a shortness from her that others do not receive, because they are friends ,

    I’ve often been scolded for talking to long to customers , again, much shorter talks then the other one, and they always pertain to me , when questioned on this day I told her it wasn’t gossip which her and the other employee constantly does , it had to do with a fire that my stepson and customers son were in that 4th of July

    , There is several other matters that has happened there, I hated working there for these very things, I wasn’t treated fairly , and had been depressed for sometime before this altercation happened .

    so I lost my patience with the last episode and told her I was tired of her unjust treatment , and that she should hold everyone up to these rules not just me , we got in a shouting match and was told to leave, I asked her if she was sure, because I knew and was told that she never fires anyone, she yelled ” get out of my store ” so I grabbed my envelope that had tips and pay stubs in , and left .

    the next day she sent me a text message saying that since I didn’t come in and work my shift , she assumes I quit , I was shocked by this . and wanting to collect unemployment, I replied back , that I didnt quit I was fired , we picked up the argument on what happened and then got into deeper subjects , now she has left my check on the porch with ” quit ” written in the memo field ”

    What do i do ????

    • Spencer Cohn

      Call me toll free to discuss.
      Spencer
      National Employee Representative
      (866) 805-9492

  • ellenjane

    I was told in June that my project position was being eliminated as of July 1st. I was then offered a lower-level position within the department that paid about 19% less. I informed them I would be leaving when my original position ended. I believe this makes me ineligible for unemployment benefits. Should I still file?

    • Spencer Cohn, National Empl

      Go ahead and file, but depending on where you are located, it may not be considered good cause to quit. A hearing officer may not consider a 19% reduction in salary to be good cause. Some states find good cause with only a 5% reduction in earnings. Also, the position you are relegated to is also important to consider, the hours, etc.

  • Vanessa

    I was recently fired due to the fact that one of my supervisor logged into a celebrities medical records. It was done on her computer and another employee was there while this happened. I knew about it bc we say right next to each other. I was fired after a week with no explanation. They could not figure out who did it even though it was her computer. I applied for UI and was denied due to not following company policy. I have no evidence bc no one from my former job is allowed to talk to me due to the fact that my boss told them too. I want to appeal but have no idea how or even if its possible for me to win.

    • Spencer Cohn, National Emplye

      Contact me and I’ll take on your former employer. Just bring the popcorn.

  • john

    Me and my kitchen manager got into an argument via text message over my time card and he told the owner and she called and fired me can i srill get unemployment he was off work that day amd so was i can i still b denied?

    • Spencer Cohn

      After you file for your benefits you will know if your claim is contested. If so, contact me. Spencer

  • Dixie

    I was recently Administratively Separated from state of Texas due to failure of obtaining a license as a contract specialist. I’ve been employed with the state for 28 years and 4 months and was eligible to retire in January 2015. I applied for unemployment benefits and was disqualified because I was fired by my employer. Please help, I’ve been looking for a job.

  • Sloan

    I got my letter back saying I was eligible and told me when to file which I did but I never received my benefits so I called and they told me my old employer still has to do his part as far as paperwork. Now my question is what if he never does it and just tosses the paperwork??

    • Spencer, National Employee Rep

      It depends, remember the State awards benefits, not the employer. If you receive a Notice of Hearing, call me toll free (866) 805-9492 Spencer

  • Spencer, National Employee Rep

    How can anyone answer that question, without more facts? If you have an unemployment hearing and you have representation, your odds are very good. Spencer

  • Spencer, National Employee Rep

    Yes, so go to a hearing with representation. Spencer

  • sherry

    I was fired for not putting everything that I have on my record down. I did tell them about my record not everything in my whole life but about the last ten years.I worked for 3 months then they fired me because of the background check. They said I falsified my application but I didn’t it ask have you ever been convicted of a crime not list everything you have done your whole life. I have a appeal hearing Tuesday I am praying it will go through. Do I even have a Chance

    • http://www.credit.com/ Credit.com Credit Experts

      Unfortunately, that is more a legal question, and we can’t give legal advice. The best idea would be to contact a lawyer.

    • Spencer, Nat’l Emplyee Rep.

      Sherry,
      If you have been convicted of a crime and you failed to list it, then you were hired without full disclosure to your employer. On the other hand, if you failed to list a conviction and have been working there for say seven years and then suddenly they are firing you for learning about it, you’d have a better chance of receiving your unemployment benefits.

  • Joan

    Exact thing happened to me in nj and I was not denied UE

  • http://www.credit.com/ Credit.com Credit Experts

    We are not lawyers, and we can’t give legal advice — and it sounds as if you need some. Unemployment is handled at a state level; you will want to find someone with expertise in your state’s labor laws. Good luck to you.

  • ashley

    Hi I live in va I wanted to know my chances of getting unemployment if I put in my 2 weeks for medical reason I have diabtes and hyperthyroidism I was just discharge from the hospital about a week ago and again 2 months ago also my blood sugar is not under control I have bruises ans sores on thE bottom of my feet probably from being on my feet for hours also I take my meds at different times all the time because my work schedule can say I close one night and then have to open the next day

    • http://www.credit.com/ Credit.com Credit Experts

      We cannot give you legal advice. Unemployment is handled by state. In general, unemployment is for people who are willing and able to work but do not have jobs.

  • broke and worried

    i have been with a company 8 years and have had neck surgery and i have severe nerve damage in my shoulder and arm..my job is very physical and i have missed alot of work..recently i missed 3 days and went over my alloted time to miss..i was told by my supervisor on the phone he had put the paperwork in for my termination..i called the hr office 3 weeks later to see what was going on and was told it could be several weeks..i was told by hr to resign because i couldnt handle the 50 lb weight requirement in my department and she would not contest unemployment..i was denied !! what do i do now ?

    • http://www.credit.com/ Credit.com Credit Experts

      Dear Broke and Worried,

      We are sorry to hear you are in such a tough situation.

      Did the HR department put its instructions to resign in writing? You might want to get in touch with a labor lawyer. Some offer free initial consultations.

      Good luck to you.

  • Spencer, Nat’l Employee Rep.

    When you applied for your benefits, you should have received a manual or been directed to read the rules on the internet. In order to collect benefits, you must continue to notify unemployment when you are working or not working.

  • Spencer, Nat’l Employee Rep.

    call me to discuss. Spencer (866) 805-9492

  • Spencer, Nat’l Employee Rep

    Employer’s policies are in place to protect the employer, not the employee. Seems a little odd that you were terminated without notice, but having said that, the employer can do whatever they want as long as the termination doesn’t violate your federal or state protected rights.

  • Spencer, Nat’l Employee rep.

    If you have a lawyer, you should be asking your lawyer your best course of conduct. Sounds like you needed to put your problems in writing to protect your actions.

  • spencer, Nat’l Employee Rep

    Absolutely not. Contact me if you would like further assistance with your situation. Spencer (866) 805-9492

  • Spencer, Nat’l Employee Rep.

    File in the other state. If your former employer contests your claim call me. Spencer (866) 805-9492

  • http://www.credit.com/ Credit.com Credit Experts

    Julie –

    It sounds as if your family is under enormous stress. Is a big part of the problem that you have only one car?

    The Family Medical Leave Act might allow your son’s father to take time away from work, but the leave would likely be unpaid. You might consider touching base with others (or groups) whose families have faced similar challenges — or perhaps churches or charities that might be able to help you with transportation.

    We are not lawyers and cannot give legal advice. But if you believe that your rights are being denied, you may want to consult a lawyer.

  • Spencer, Nat’l Employee Rep.

    All Notices of Hearings explain your rights prior to the hearing, as well as representation rights. You could have said to the hearing examiner, “Hey, I was expecting some kind of representation, can I continue the hearing.” Or, when the hearing examiner asked you, which they all do, “Are you ready to proceed with the hearing?” You could have answered “No.” Now, I know that during these uncomfortable settings, words are missed, but you are not alone. What you should do is have an unemployment expert review your latest decision and then decide whether you have a sufficient basis to file an appeal to the board. You may contact me to discuss, (866) 805-9492.

  • Spencer, Nat’l Employee Rep.

    Generally, it’s on the employee to get to work. Obviously, circumstances have changed after the recent diagnosis of your son. Just because HR has responded, don’t assume his situation has been ignored, Before your husband decides not to accept the next shift, have him call me. (866) 805-9492

  • http://www.credit.com/ Credit.com Credit Experts

    Julie –
    We’re sorry to hear about your health problems. It’s hard to understand the “health suffering due to no health coverage” part of your comment. But in general, unemployment benefits are for people who are willing and able to work but are without jobs. We are not lawyers, however, and cannot give you legal advice.

  • Chrysalis

    A year ago my position was HR Manager was restructured due to a company reorganization. The new position did not require my skills and education, and instead, required skills I did not have. I temporarily took another position with the company at half pay while I continued to search within and outside the company for a comparable HR position. When I was offered that position with another company, I accepted and voluntarily left the original company with proper 2 week written notice. After one month at the new company I was laid off, and subsequently applied for unemployment benefits. The original retailer appealed the benefits based on the fact that I voluntarily left. Spencer Cohn successfully and efficiently took on my case, and was able to reverse the hearing officer’s decision. My benefits were restored within 2 months of my contacting Mr. Cohn.

  • Spencer, Nat’l Emplyee Rep.

    Will you be in better health if you quit? I would not quit. Hang in there. Perhaps find out what kind of time frame they have in mind and be diligent.

  • Spencer, Nat’l Emplyee Rep

    You won’t know until you file. Let the State tell you that you are not eligible. When you receive correspondence from the state, let me know, I’ll be able to help you.

  • Spener, Nat’l Employee Rep.

    Based on what you’ve written, you are right, this does not sound like you should have been terminated. Of course, the employer can fire anyone for whatever reason they desire, as long it doesn’t violate a federal or state protected right, or you are under contract. But for unemployment purposes, you should be ready for anything the employer brings to the table. The person who should have been fired is the manager. The manager’s job is keep track of his/her employees. I would be interested in what proof they have that you were lying? Is there basis for firing you speculative or conjecture? Do you have a history of being untrustworthy? I would suggest contacting me or someone to represent you at your unemployment hearing so you are prepared for whatever they throw at you.

  • Spencer, Nat’l Employee Rep

    There are certainly free legal aid services available, that do represent people for free. But, you get what you pay for. You may have to show that you are indigent. I do charge for my services, but it is not unreasonable. I recognize that claimants are out of work and short on funds.

  • Spencer, Nat’l Employee Rep

    The answer “No” is a complete sentence. Going on and on about over this, makes one wonder if you did in fact know something. I’m not sure why you are continuing to go on and on trying to figure something out. The question is did you know when your co-worker left. The answer is “No”. I would suggest that you find representation as soon as possible for your upcoming hearing. I certainly can help you if you contact me.

  • Spencer, Nat’l Employee rep.

    First, I would need to see your Notice of Hearing to see what the issues are. You may contact me via my website. http://www.beattheboss.tv I would be suspect of anyone who were to give you a price without seeing what they have to do.

  • Spencer, Nat’l Employee Rep

    Sounds like a typical employer, he has more than one store location and crying the blues….give your employer a tissue. ….As far as references are concerned, assuming there is no contract or handbook that says your employer will only give out dates of employment, called a neutral reference clause…there are two legitimate ways to handle this, 1) inform your prospective employer the circumstances of your departure. The truth is always the best path and 2) hire a reference company to see what he is actually saying about you. If he lies, you may have recourse through the court system.

  • http://www.credit.com/ Credit.com Credit Experts

    You might inquire to see if there is a timeline for such decisions in Massachusetts — or a legal requirement that they be made in a certain amount of time. Unfortunately, though, we are not lawyers and cannot give you legal advice.

  • spencer, Nat’l Employee Rep.

    The hearing officer usually tells you that a decision will be made in a about a week. But, just because your employer didn’t show up doesn’t mean it’s over. Perhaps your employer had an emergency causing him/her to miss the hearing or you quit your job and the hearing officer did not find good cause. In that case, you will get a new notice of hearing or an unfavorable decision. In the event you things don’t go your way, you should seek representation. In either case, we can certainly help you.

    • Robert Smith

      Well, I dont believe my employer was going to show up. When I recieved my letter for an appeal I contacted my employer and asked why I wasnt approved? My employer stated that they were not going to not approve me for benifits,and I should file for an appeal. I filed for an appeal. My employer also said when the call or mail them something about coming to the appeal hearing they were not going to show. I had my appeal yesterday, I feel like everything went well and I was upfront and honest with the hearing judge.

  • Spencer, Nat’l Employee Rep.

    Unfortunately, if you file for him you will be committing fraud. If one is in jail, he is not able and available for work and can not claim his weeks. You should seek some other assistance.

  • Lori Costa

    Spencer; i just wanted to thank you for getting me my unemployment benefits.Without your help i dont think i would have been approved. You saved me from the continuing hardship of no income.Your briilant.

    • mik nevad

      Glad for you hope I will get feedback and can get benefits

  • London D.

    I’m planning on taking a leave of absence in the coming weeks due to highly stressful and overwhelming working conditions (I am a social worker). I told my HR rep that I did not have a return date, but I’m estimating about 4 weeks. My question is, if I do not return after the 4 weeks or even after the allowable 12 weeks, will I be eligible for unemployment if my health care provider confirms that my current job is detrimental to my mental health and I cannot perform the job adequately? I honestly do not wish to remain employed with this org (they are “restructuring” and making drastic changes that affect me in what I perceive to be negative ways), but I want to be protected if after my leave I don’t feel I’ll be able to handle my case/work load anymore.

    • Spencer, Nat’l employee Rep

      You need to have a specific date of return. Leaving a date of return vague opens one up for trouble. For instance, the employer will designate their own date of return. When you fail to return on their date, you give the employer reason to fire you. Set a date, and then you can ask for an extension. If your employer won’t allow it, it makes the employer look unreasonable.

  • Spencer, Nat’l Employee Rep.

    Isn’t it sad that an honest mistake can get you fired? Be ready to defend your benefits. Gear up with representation. I can certainly help you. You may contact me toll free at (866) 805-9492.

  • Spencer, Nat’l Employee Rep

    contact information on http://www.beattheboss.tv

  • Sonya

    I currently work from home with extensive in and out of state travel. My father has recently been diagnosed with a terminal illness and is getting progressively worse as the days go on. I feel that I should be close in case of emergency but my job doesn’t always allow me to be close to home or even in the same state. If I quit my job fir these reasons would I be able to collect unemployment? I am reside in pa and my company is based out of Florida.

    • http://www.credit.com/ Credit.com Credit Experts

      Sonya –

      We’re sorry your father is so ill.

      In general, unemployment is available to people who are willing and able to work but without jobs. In your case, you might look into the Family and Medical Leave Act. It allows for 12 weeks of job-protected, unpaid leave (per 12-month period) and may be used to care for a parent with a serious health condition.

    • Spencer, nat’l Employee Rep

      Is there anyone else that can help your father so you are not forced to quit your job? Have you asked for FMLA? Is your employer aware of your predicament? if so, have they offered you any solutions? Have these questions answered first before quitting. In Florida, generally one can quit their job to take care of a family member, other states vary.

  • michelle

    If i was found not elegibal for unemployment. and have been looking for a job now for over 4 months, I have had many interviews but have still not been hired. i reopened my case and they sent me a debit card to activate. I this normal i have only a
    Disqualification Week on marvin???? have not received anything else

    • Spencer, Nat’l Employee Rep

      I’m not 100% sure what you are asking, but continue to claim your benefits. When you receive a Notice of Determination, contact me or someone to represent you.

  • Spencer, Nat’l Employee Rep

    Inform the EEOC and then you can file another charge with the EEOC based on retaliation.

  • Spencer, Nat’l Employee Rep

    I’m not sure I have enough information here to make a comment. You may contact me toll free (866) 805-9492

  • Spencer, nat’l Employee Rep.

    Unfortunately, I’m not one to speculate. The first thing you should do is file for benefits. Let’s see if you’re immediately denied. If you are, contact someone to represent you for your hearing. I may be able to help you at such time.

  • Spencer, Nat’l Employee Rep

    I’m sure your employer will come up with many reasons to deny you your benefits. If your claim is appealed, or you’re denied by the state, feel free to contact me for assistance.

  • layedoff

    I was fired for not buying something for my uniform after not being asked to buy it for 2 years can I still get unemployment

    • Spencer, Nat’l Employee Rep.

      What were you asked to buy? How often were you reminded to make the purchase? How expensive was the item? Did you receive a warning about making the purchase prior to be fired? Was the warning in writing or verbal? I would need to know the answer to these questions first before answering competently.

  • Spencer, Nat’l Employee Rep.

    As harsh as this may sound, but just because you have a hysterectomy doesn’t mean you have to quit your job. Did you ask for FMLA before quitting or another accommodation from your employer until you heal? I would need to know more about your situation before offering an answer.

  • Evelyn

    I quit my job Dec.20, 2013 because of my boss leting his general managerrelocate me farther away from da new store I thought I was going to be working at. I was giving my unemployment benefits with good cause to quit. But my employer appealed it. N it got reversed. Nothing was changed on me telling da truth. But da two general managers flat out lied over da telephone hearing. Is it because I didnt have da same person who aproved it the first time? Not Im going to appeal it. What should I do? Please help me.

    • Spencer, nat’l Employee Rep

      Get representation now to review your problems at the workplace and why you separated from your job.

  • Evelyn

    I never have worked on a Plantation before. Where your boss treat u like u dont exist. Speak to u only when money is being mad, take all of your incentives away , no more treatin his employees to Thanksgiving dinner parties nor Christmas dinners like they use to. No pay increase after five years of workin for them. Dont thank you for making them richer. Never sayin great job when people say your are the best person that has ever did a good.job on satisfying the customers. I worked for ten years for a group of greedy money hungry bosses. N if u died they want close da business down no matter how long u work for them . Not for just two hours unless its their family members. N thats not da half. I just could take them makin things so inconvenient for me it caused me so much stress.

  • Spencer, Nat’l Employee Rep

    You should always have representation. North Carolina, requires that you have representation by an attorney in North Carolina….and good luck finding an attorney in NC who won’t charge you an arm and a leg. Using profanity is not good in the workplace or outside the workplace and will get you fired. But using profanity may not deny you receiving your unemployment benefits.

  • mm

    I have been a full time employee for almost two years doing
    Bookkeeping/Accounting for a company. They just recently sold their assets/merged with another company. They said that your position will now be Part time employee on as needed basis and also I will have to be a 1099 Independent Contractor to handle the Accounting for their personal books and two of their other small businesses only working minimal hours. As a full time employee, I was handling the Bookkeeping/Accounting for the company that merged as well as their personal books and two other of their small businesses. I’m not interested in starting my own business/becoming a self employed independent contractor and having to pay my own taxes. Can they force me to become an independent contractor? If they decide to let me go because I will not become an independent contractor,
    will I still be able to collect unemployment?

    • Spencer, Nat’l Employee Rep

      The employer has substantially changed the terms of your employment. If you continue to work there under this new arrangement, it will be harder to collect your unemployment benefits.

  • Spencer, Nat’l Employee Rep.

    They can deny you for a number of reasons. Generally claimants are denied when the employer shows a trend of attendance issues.

    • Aaron Jefferson

      My employer doesnt have a attendance policy, nor does he have any documentation that this was a ongoing problem. Previous person i worked with at the same place won judgement againt the employer because he didnt receive a employee handbook or manual stating the rules

  • Spencer, Nat’l Employee Rep.

    Every case is different so relying on someone else’s good fortune doesn’t mean you will fair the same. Quitting a job and collecting unemployment benefits is not unusual. One needs to dot their i’s and cross their t’s before quitting. Like the employer who fires an employee, they prepare a history of events leading to the discharge. As an employee you will need to do the same as well as show that you tried to preserve your job before quitting. Still, that may not be enough to win benefits while quitting. Something has to have happened on the day you give notice or the day you leave. You may contact me to discuss this further.

  • Spencer, Nat’l Employee Rep

    First of all, it’s no one’s business where you are or what you’re doing. By informing the State where you’re at and what you’re doing may cause the state to wonder if you’re able to work and searching for work. You can certainly request a hearing via telephone. When you receive your notice of hearing, give me a call and we can discuss this further.

  • Dee

    I quit my job today reason is that my husband is my supervisor he treats me very bad ever since I started working there our relationship is pretty much [worthless]. this morning we were late he said I should quit can I still get unemployment

    • Spencer, Nat’l Employee Rep.

      Whether its your husband or supervisor who suggests that you should quit your job does not give you a pass to collect unemployment benefits. Tell your husband that he should quit.

  • Jacki b

    Ive worked for an employer for 3 years.ive always went above my responsibilities to get to a supervisor. I confronted my boss that I would like to step down from my position and return as a regular front desk employee. He agreed collected my company phone,and lowered my pay. The next day he called,me into his office,and demanded I still handle almost all my responsibilities I thought I was just relieved from. I disagreed and he kept threatening to lower my pay even more. I agreed,that I would do additional work when asked,or needed just like,everyone,else but I shouldnt be held responsible for anything or the whole project he kept asking me the same questions over,and over and when I told him I felt harrassed,and I was uncomfortable he said I couldnt leave the room until he said he was done. He comes into everyones shifts trying to ask about me, even trying to pay them to collect info on me. He said he is going to personally target me and write me up for anything he could. I get anxiety and panic attacks when stressed and also am 6 months pregnant I feel I am being singled out and he is trying to force me to quit. He tells me over and over why are u here. Admit this job isnt right for you. But I wont because I neex to work but I cant take the harassment anymore. What can I do.

    • Spencer, Nat’l Employee Rep.

      Why not ask for a leave of absence or see if FMLA is available?

  • Spencer, Nat’l Employee Rep.

    The best advice is to hire a someone with appellate knowledge to assist you in your appeal. Feel free to contact me to discuss further.

  • Spencer, Nat’l Employee Rep.

    Ask your boss for an extra two weeks, which seems reasonable. If he denies that and you don’t come back to work on April 1, you should be able to show that he was being unreasonable.

  • Spencer, Natl Employee Rep.

    What’s important to disclose is that you were the only other family member available to assist her.

  • Spencer, Natal Employee Rep.

    How was it conveyed to you you were discharged due to lack of work? Verbally or in writing? Contact me to discuss further.

  • Spencer, Natl Employee Rep

    I would return to work on the 1st and discuss with your boss at that time the number of hours you will be able to work. Perhaps things will change with you and/or your boss. Maybe you can arrange to work shortened hours for a few weeks and then gradually increase.

  • Guest

    Company employees had received e-mails if any employees would like to raise their hands to leave the company. This happened the merger with another company. Dead line was given to raise the hand. I raised my hand and left the company. I collected the unemployment. I got the letter saying employer had said i was qualified to collect. Then I got another letter saying I was not (letters were from the state unemployment office). I was required to payback the money because
    Any guidance on I could do anything about this?

    • Spencer, Nat’l Employee Rep

      Appeal Appeal Appeal

  • Veritas

    After a challenging experience at my job for a municipal government, I filed a FMLA request, my doctor completed the form and confirmed I needed time off for medical attention due to job-related stress. The council president wants me to withdraw my FMLA request since he has to keep the job open for me after I return & cannot hire anyone into it. He said would write a letter outlining my separation agreement stating my position would be “eliminated” under a re-org, which he says will allow me to collect unemployment insurance. I told him I need assurances that my UI would not be contested and language needs to be in the letter to that effect. The draft letter only states they enclosed info on how to file UI claim and I know it doesn’t say “uncontested” or “agree” or even “encourage.” So, what would be the most effective language to put in the separation agreement to reflect that they recommend, support and agree to approving my UI claim?

    • Spencer, nat’l Employee Rep.

      This is a common mistake by claimants. The employer doesn’t control whether you receive your unemployment benefits, the State does! I would refuse to sign any separation agreement unless of course, you expect to not receive any unemployment benefits. The employer will say anything to make you feel assured, a little like the turtle and the scorpion scenario where the scorpion asks the turtle for a ride across the river and promises the turtle he won’t bite. You know about that one don’t you? Let the employer terminate you. If your doctor says that you should take time off, then take the time off. You’re not taking time off forever. Too bad if your employer is short staffed, that’s his problem, not yours.

  • Spencer, nt’l Employee Rep

    If everything you say is true, then go have a beer and relax. If your employer contests your claim, let me know.

  • http://www.credit.com/ Credit.com Credit Experts

    Congratulations on your new job.

  • Terrell Kitchen

    Hi I was terminated from walmart for taking a longer break then what was allowed…. This rule isn’t really enforced until they are trying to terminate someone ….. When they asked me why did I take a longer break I simply stated that it was a honest mistake and I lost track of time our break is 15 minutes and it bad enough it takes three to five minutes to get to the break room due to the location of where I work so basically I only get 5 minutes cause I’m expected back by the end of the 15 minutes

    • Spencer, Nat’l Employee Rep.

      If Walmart challenges your claim for unemployment benefits, give me a call. In the meantime, make a list of employees who have taken breaks that have exceeded the time allotted with dates, while it is fresh on your mind.

  • Dani

    Hello, I was recently fired for violation of company policy. My employer fired me after almost 4 years of employment. They said that I falsified time clock info. Long story short, they said I punched a half hour lunch but have me on camera taking an hour. (The camera footage was never seen). I didnt deny the accusations rather I addmitted it. I told them that it was an honest mistake and it was not done intentionally. I was under alot of stress due to my position and a family member on their death bed. I was never given a verbal or written warning nor had I ever been written up or disciplined for anything in the whole time I was employed. I am in the state of Ohio. The unemployment office gave me my benefits initially, then my employer appealed it and they favored toward me a second time. Now the employer appealed again and there is a hearing scheduled for tomorrow. What are my chances of winning this time around since they have already ruled in my favor twice?? Is there any good points that I need to know about or any heads up that I should be given before proceeding with the hearing???

    • Spencer, Nat’l Employee Rep

      Well, I don’t like to speculate. By the time you read this, you’ll know the answer unless you received a continuance. Next time, don’t wait til the last minute to get answers that will at least take some of the drama out of it.

  • sunshine

    I resigned from my job in north carolina and relocated to florida.i worked for a temp agency for about 6weeks.i had muscle strain from lifting a box at work and was replaced while I was out.could I qualify for unemployment?

    • Spencer, Nat’l Employee Rep.

      Unemployment benefits are not generally awarded when one resigns for personal reasons, ie., relocating. What one would want to know is the reason for the relocation., ie., to take care of a family member, (in some states financial hardship). I suspect when you apply for benefits, it will revert back to North Carolina because you don’t have enough credits in Florida. You need to work around 3-4 months for sufficient credits. As to working for the temp agency, the employer is free to replace you when you are absent, the question is when you were ready to return, did the employer refuse to offer you similar work? Lastly, to my knowledge, it doesn’t cost anything to file for benefits, so go ahead and file and see what happens. If your employer(s) contest your benefits, contact me.

  • Deana

    I am seriously considering quitting my job. I have been diagnosed with an illness, although it is not a physical illness, it still affects my work and makes it very difficult for me to do the particular job that I do. I have been out on disability for the last month and I just do not think I can go back due to my illness. If I quit would I be eligible for unemployment benefits. I have never applied for unemployment before and do not really know how it works. Any information would help thank you.

    • Spencer, Nat’l Employee Rep.

      Before you quit, I would suggest you get a note from your doctor advising you to quit your job. Next, I would see if your employer can offer you a leave of absence or accommodate you in another position. Unfortunately, the Unemployment Agency doesn’t care about how you feel. I can assure you, the person making the decision to award you benefits is not going to pull out the body lotion and offer you a massage. When you do file, and if you’re denied benefits, you may contact me for assistance with your claim.

    • vee

      I am wondering when your supervisor wont respond back to about not wanting to show up for work cuz of a way of being treated and she has no idea cuz she never responded , she is so busy, and I felt that I was being pushed out for personnel reasons. and she also plays favoritism .

  • Sporty0815

    I was fired due to having my computer at work and it was streaming, and the company i worked for was charged by our internet company. My then boss brought me in the office two months later and had written up what happened and had me sign it. She then gave me company policy paperwork. In which I had already worked for the company for over 2 years. I looked through it and signed it. She then stated she was terminating me for violating company policy.

    • Spencer, Nat’l Employee Rep

      Pretty bad. Doesn’t sound like you were warned before the incident. I have some further questions for you. Call me to discuss this further. (866) 805-9492 Spencer

  • Spencer, Nat’l Employee Rep

    Was your job in Oklahoma or Georgia, or you must have had a heck of a long commute?!
    Apply for unemployment where your job was located. As far as your former supervisor is concerned, you would need documentation or keep a journal of each occurrence, (date, time and specifics), ie., “several times” “she belittled me” (how?) “chastised me” (how?). What employees did not complete tasks, and what was the task? Did you put your complaints in writing?
    Now, let me address where “it got to the point where when I heard her voice I became physically sick and had constant headaches.” Unless you have a doctor’s note saying that “her voice” makes you sick, and that medical professional advises you to quit, you should have invested in a good set of ear plugs. It reminds me of a former client of mine. She also would get physically sick and stressed out because her co-workers were feeding the fish in the office aquarium too much food, and she was constantly fretting the fish would explode.
    The State doesn’t care how you feel. They want to know that you tried to work to the best of your ability, or the employer was interfering with your work, and that you have documentation to support that claim.

  • Spencer, Nat’l Employee rep.

    Quitting a job is always a little tricky. The State likes to see that you tried to preserve your job before quitting. Generally, if an employer is doing something illegal or you feel your life is in danger, you don’t have to stick around waiting for the shoe to drop. (See Tom Cruise in “The Firm”). Since this doesn’t sound like a life or death situation, why not report this over your supervisor’s head or go to Human Resources and lodge a formal complaint? What’s the worst that can happen, they fire you?

  • kim

    I was sexual harassed at my job and didn’t tell anyone that is what he told me he also told me I would never loose my job, well I was out with a doctors note I had the virus well when I came back to work I was told to train a person that would cover my shift when I am out for two weeks well when I was walking to the bulliten board my job was listed for takers I was so upset I was looking around for some one no one was around so I left I was under the assumption I was fired I felt betrayed and let down the next day the company wanted me to come to a meeting and discuss what had happened my gut feeling said notto cause I did not want to work there of being harassed every day I had enough but you want me to come back now that I thought was odd so I didn’t go back well I filed for unemployment and I didn’t mention the sexual harassment dure to fearing for my self I didn’t know what the income would be I thought they would just let me go where that was an issue it was the companys president so yes I am scared well they denied my claim and I asked for an appeal and I said the walking out part plus the sexual harassment and pain and suffering that I subdued working there and the reason I write this to you or someone to give me an answer will I be in trouble for holding back the sexual harassment information I am terrified

    • Spencer, Nat’l Employee Rep

      Contact the State Attorney’s office in your area and report the sexual harassment. If you need help with your appeal, let me know. Spencer

  • http://batman-news.com Mayra

    Hi I live in California and have been working for the same employer for over 7years. Last year in June my co workers and me decided to file a lawsuit because we never took breaks(we dont even have a break area) and hardly ever a lunch and we were being taxed for our mileage reimbursement. Well for the past 2 years our boss has been mistreating us by yelling and cussing at us and slamming the door. I’m actually afraid of my boss now. Just this last Friday my boss threw my paystub at me and it made me so upset and embarassed since he did it in front of my coworker , so as soon as i got home I emailed my boss. Work is already stressful enough and my boss doesnt make it any easier hes constantly yelling at us I dont know what to do and its not only me who feel this way my other workers feel the same way. Im planning to give my 2 week notice and stating there why Im quitting.What are the possibilities that I can collect unemployment?

    • Spencer, Nat’l Employee Rep

      Sounds like your employer wants you to quit and then he wins!!! Do you want that? Mistreating “us”, cussing “us”, yelling at “us” or mistreating, cussing and yelling at you? There’s a difference. Just because the employer slams the door or your believe that he threw a paystub at you does not mean your employer is abusing you or rises to the level that justifies quitting. I’m not saying that the employer isn’t behaving as you are describing. I’m saying that you have to think your next move through. Let’s say you file for benefits and your employer contests your claim. Your employer will be asked, “Did you throw a paystub at the claimant?” Ans. “No”. Did you yell at the claimant? Ans. “No, I was mad at everyone for chatting and not working.” Did you cuss at your employees? Ans. “No”. Even though these answers may be far from the truth, what proof do you have that he is lying? Do you think another co-worker who is going to bat for you?still working there, who likely won’t say anything out of fear of losing their job? So before you quit, perhaps contemplate whether you are better off without a job than receiving a steady paycheck. Is there someone above your boss to complain to before quitting? Based on the information you have offered, it sounds like you are unhappy at work, like most employees across the country. Show me that you were so scared of your boss that you called the police.

  • Anna Mouse

    My last company had a series of layoffs and eventually they got to me. I must say I am somewhat surprised because I work very hard and “know where the bodies are buried.” My company paid me a fairly large sum of money for signing an agreement that I many not discuss “certain events” even at the request of a judge or officer of the court? I am to forward their question to the company’s legal department and they will answer. I am honestly shocked a company can do this.

    For the first time in my life I have signed up for unemployment benefits and my state is driving me nuts. The state requires that I attend regular “skills” sessions. These meetings take up half the day and cover very basic job search skills. I find them of little use and get frustrated that I could have used this time to search for a job.

    • Spencer, Nat’l Employee Rep

      I remember when this wasn’t a requirement, but now it is because the state wants to make sure one is serious about looking for work. There are worse things in life.

  • Spencer, Nat’l Employee Rep

    Smoking can take away your life and apparently your job. File for unemployment benefits and if the employer contests your claim, call me. Spencer

  • needhelpinco

    I had a job for 8 years, I quit when I was offered a MUCH better paying position at another company. After a horrible 4 months, I was ‘let go’ because I ‘didn’t fit in’ with the rest of them. Colorado is an employee at will state so I know that I can be let go for any reason. They said that they would not fight the unemployment claim. My problem is….. unemployment is not taking my 8 years of steady work into consideration and only awarded me one (yes, 1) payment and now they are saying that my benefits are ‘exhausted’. What can I do.

    • Spencer, Nat’l Employee Rep

      First, let me address your comment about Colorado being an “at will” state. Being an “at will” state doesn’t mean beans to Captain Jone’s cat with regards to unemployment benefits. Yes an employer can terminate an employee for whatever reason…unless it violates the employee’s federal, state protected rights, local ordinance or in violation of a contract. I don’t know your situation, but if your benefits are exhausted complain to your local congressman, Senator Boehner or contribute to the Democratic party.

  • Spencer, Nat’l Employee Rep

    Stay put and sit on your hands. If you quit the hearing examiner will ask the employer if there was continuing work available for you…and the employer will answer “yes” and you would lose your hearing. Be patient, wait for the employer to make the next move.

  • TNTeagle28

    I’ve been working for Burger King on and off since I was 17 (31 now). I was working full time as an opener Mon-Fri 5a.m.-2p.m. I reduced my hours to only being able to work till 11a.m. or 12p.m. because I started training with a relative to start a career in medical billing. I was still making ends meet with those hours but then my employer took me off the opening shift and it reduced my hours. I filed for reemployment assistance benefits and got approved. My employer just got notified and is now fighting it claiming I cut my own hours cuz I’m working another job and getting paid under the table, which is a false accusation. He is now saying he will schedule me for hours later than I have informed him I am able to stay, and will write me up for not working the hours he schedules. What chance if any do I have to win this appeal coming on June 23rd?

    • Spencer, Nat’l Employee Rep.

      Without representation, very little chance. With representation your odds greatly increase. You did cut your hours didn’t you? You were hired full time? I will tell you that reducing your hours to part-time (0-32), the employer is free to give you only a few hours a week.

  • Spencer, Nat’l Employee Rep

    Here’s what I read in your previous post, “I reduced my hours to only being able to work till 11a.m. or 12p.m.”…therefore you’re admitting that you reduced your hours, so I’m not sure why you’re changing your position…employees don’t realize that when they’re hired, the terms of employment are set, ie., hours, rate of pay, location, position, etc. When there is a change of circumstances like when an employee wants to go to school, it changes the terms of employment. Some states allow you to go to school and collect unemployment benefits, some states do not. If you would like assistance, specifically representation for an upcoming unemployment hearing, feel free to contact me. P.S. Your statement that “Employees have said they will testify on my behalf” is utter nonsense. What could they possibly say to help you? 1) their knowledge is based on what you tell them and 2) even if they had something of substance to offer, when it’s time to testify, since they still work there, they would probably call in sick rather risk losing their job testifying for a former employee.

  • gene

    I worked fof the city for 3 years on a grant,. I am now being written off the grant as a full timen employee with benefits. I am to be listed as a partime per diem worker with no benefits and no guarantee of work.
    Am I eligible for unemployment.

    • Spencer, Nat’l Employee rep

      Different states have different rules in this regard. Has your job description changed significantly? Has your rate of pay changed significantly? Certainly going from full time to per diem would demonstrate that one’s income would certainly change and one’s hours as well. So the question is, does the amount of money you will now earn as a per diem employee be equal to or more than your unemployment benefit. Each week will likely vary so if your income is less, unemployment should provide the difference. If the amount earned as a per diem employee in any week is more than the benefit, you will not be entitled to benefits. A hearing officer could find that being changed from full time to a per diem employee is good cause to quit, while another hearing officer may find otherwise. Regardless, it really comes down to the amount of money earned each week. Curious, why not work as a per diem employee, continue to receive income and use the free time to look for other employment?

  • jessv

    Hi, i live in nj. Worked at my job for 10 years. My husband got relocated for his job so we moved more than 50 miles from my job. I continued to commute to work. I let my job know that i would stay for 3 more months but finacially i couldnt afford the gas and daycare expenses, but would do my best coming to work. And i did go to work everyday even tho it meant financial hardship at home. One of my bosses started making life at work harder for me with rude comments since she knew i was leaving. I spoke to the head of the practice and let him know my financial constraints and how i was being treated. He said its my fault i moved and am leaving. I kept working i needed my job. They hirred a new girl for me to traun as my replacement. She doesnt have a work visa and is working off the books. Within 1 week of her being there, that one boss of mine yelled at me in front of all my co workers for no reason. She called me stupid. I told her i fealt stressed. She told me that i have stressed her out and i just jave to deal withit. I cried i advised my manager what hsppened and she sent me home for theday. I felt pushed out the door for someone off the books an illegal working. I filed unemployment. And have an interview the 25th.

    • Spencer, Nat’l Employee Rep

      If you left your job to relocate with your husband is a personal decision and would likely deny you your benefits. However, since you continued to work there changes the game a little. No employee should have to tolerate a rude employer. The question becomes, how rude is he? Secondly, how do you know the new girl doesn’t have a work visa? If its just speculation, it won’t mean beans to Capt’n Jones Cat, but if true, let the Department of Labor know about it. I’m sure your employer would not hesitate to inform the Department of Labor if he knew you were working and collecting unemployment benefits.

  • Spencer, Nat’l Employee Rep.

    Does having a “full time” client mean you were a full time employee? I don’t think so. Were you hired as a full time employee? Were you laid off as a full time employee? If you’re fired or (laid off) then you’re fired. It seems your mistake was to continue to contact the employer. Your statement, “I didn’t quit, was never sent a termination notice.” does not help your cause, so I would stop saying that. What you should be saying is, “My employer (name of supervisor) told me that there is no more work for me, forever.” Your employment status becomes gray because you are continuing to contact them to find out if there’s work for you and you suddenly become a per diem employee or part-time employee, but still an employee…and that’s why the employer is now claiming you quit. If you would like help with your appeal, feel free to contact me.

  • Spencer, Nat’l Employee Rep

    Every case I take on is interesting, but this one is worth discussing.
    My client worked for Disney as a manager in one of the Park’s restaurants. Apparently, the Park has a beverage package. You pay one price for your beverage and you can get refills throughout the day for no additional charge. A patron at the Park approached my client and said she left her beverage cup in her room at the hotel and would have to go back to retrieve it. A walk to the main gate, a tram ride to the parking lot and then a drive to the hotel and back, would have put quite a dent in her family’s afternoon activities at the Park. Needless to say, it would have been a hassle. Instead, my client looked up her name in the computer register and saw that she had indeed purchased the beverage package, and gave her a replacement cup. Apparently this was witnessed by one of Disney’s undercover employees called “secret shoppers”, and was reported. My client was swiftly terminated for theft…NO questions asked…no explanation was allowed on record. My client told me he created “a Magic Moment” for the customer which Disney encouraged for Park patrons to enhance the patron’s overall experience. Unfortunately, this magic moment cost my client his job. Shame on Disney! This family oriented company pride themselves on superior customer service and an overall “enchanting park experience” .Mr. Disney would turn over in his grave if he knew this hard working employee was fired for merely exhibiting outstanding customer service and carrying out his company’s mission statement.

  • dan

    We live in Massachusetts and we had to move into a shelter as we lost our housing we were placed an hour away from my wife’s job at stop and shop. She had worked there for over 2 years and was 3 weeks away from going out on paid maternity leave. She explained the situation to her front end manager and asked for a transfer which is allowed per policy. She was told no problem. She called the store numerous times and they moved managers to different stores. The new manager said oh another cashier said you quit so I terminated you in the system. So she called and finally got ahold of new store manager and he said sorry it was a mistake but there is nothing we can do the computer won’t let us change it! Spoke to union and because it was a few days past the 2 week mark nothing they could do either. She lost her maternity pay as well as her job. Should she be eligible? Her status is pending on application monetarily it yes eligible! But it says on hold waiting for employer!

    • Spencer, Nat’l Employee Rep

      When your job is on the line, you don’t call the store numerous times….you physically go there to see what’s going on, no matter how inconvenient. “Another cashier said you quit…” Where would the cashier get that idea? Why didn’t your wife contact Human Resources? You’ll have to wait and see what information comes out of the unemployment office. In the meantime, your wife should look into filing a charge of discrimination based on pregnancy discrimination with the Equal Employment Opportunities Commission. (EEOC).

  • Cory MF Palasota

    I was terminated today 7-1-14 for attendance in Texas. I had a scheduled appointment I had to attend that I completely forgot about until the day of I called my supervisor and let him know before hand and he was understanding but the owner was not. I have always had a doctors note for missed days and was never late to work. I was never given any verbal warnings or written or signed anything. Also in addition to my claim there has been harassment since day one and after two years I couldn’t handle it anymore. My supervisor would cuss me for the smallest mistakes in front of employees and pedestrians on almost a daily basis call me degrading names and when he gets angry he would cuss, yell, throw things, and punch objects it got to a point to where I wanted to just leave I didn’t even look forward into going into work anymore I was over it but I stuck it out in hopes to get fired. Also I was shot by a sling shot upon early employment by my other supervisor on the job. and several employees saw this happen it left a bruise on my leg and I never said anything because I was scared in losing my job at the time I have already filed a claim online but didn’t put in as much detail when maybe I should have? Do you think I have a good case? What should I do?

    • spencer, Nat’l Employee Rep

      You begin by saying you were terminated but by the time you’re finished writing, it sounds like you were very unhappy at work and quit. First let me say, the less you write the better off you are. Stay with the termination idea, that puts the burden on the employer and remove any idea that you quit because you were unhappy as that places the burden on you that you had good cause to quit, which is much more difficult to prove. It sounds like you were terminated for missing a scheduled appointment that you had to attend. Mistakes happen right? So why was the owner so upset? Was this appointment mandatory? When did you learn about the appointment? Has anyone else ever missed appointments before? If you’re denied benefits or when your claim is contested, I can assist you. Spencer

  • Spencer, Nat’l Employee Rep

    Drew,
    Go and file for your benefits and if he contest your claim, contact me and I will be happy to represent you. However, it would be best not to be as specific as you are on your application as to why you are no longer employed. Just say something like, “I was fired because I was not feeling well.” It will serve you no purpose to sabotage yourself by saying more. At this point I would not recommend writing that he claimed your penis was small or that he “jumps on your case” or “I felt disrespected” because that sounds like you were unhappy and quit your job.

  • Spencer, Nat’l Employee Rep

    You’re asking me to speculate on whether you can collect your benefits. That’s like asking me to predict what you’re going to eat for dinner tonight. The question is, when you filled out your application for employment did you check off that you were flexible with your hours? If so, the employer will use that paper as proof that you agreed to work different hours. On the other hand, I would like to know how long you were working the dayshift, whether it was temporary or permanent situation and what was the employer’s response when you complained. I will say that your statement “it is causing a serious strain on my relationship” doesn’t mean a whole lot to anyone. For instance, if my wife keeps bugging me about taking a vacation that we can’t afford, may cause strain in my relationship, but what’s the connection with my work? Tell me more about what’s going on.

  • Spencer, Nat’l Employee Rep

    Talking to a claims representative is a waste of time. You want to say as little as possible such as “I was fired, I didn’t do anything wrong”. They are pencil pushers. When you have your hearing, that’s the time to tell your story. This is why you or anyone should seek representation. Granted you know the facts, but how to prove the facts under the law is a different animal. I’m assuming you didn’t go to law school so don’t frustrate yourself trying to figure something out that you are not equipped to do. Get representation! If you would like to discuss further, I’d be more than happy to help.

  • New Jersey

    I was fired for misconduct. Two months ago I had a small relapse and was using on the job. I am on video. I was not fired but I was brought in the office on a daily basis and written up for EVERYTHING. My boss changed his demeanor towards me and started looking for reasons to get me out. The night in question I took some art supplies for my daughter’s art project and brought them back the next evening. All of this is on video tape. I was terminated and filed for unemployment. I am waiting for a phone interview on Thursday. Do I have a case if I am denied? I am also on video working hard for two years and it is clear that I am a great worker that was struggling after a recent shift change. I asked my boss for a few days off before the incident occurred and was denied. Do I have rights if I am struggling with a substance abuse problem?

    • Spencer, Nat’l Employee Rep

      A relapse is a relapse so your characterization that it was a “small” relapse doesn’t mean a whole lot. It’s like being a little bit pregnant. The fact that you are on video doesn’t mean much either. Viewing a video is subject to interpretation. What matters is what someone personally observed next to you. I don’t know what your company’s policy is toward substance abuse. I don’t know if they offer a program so you’re asking for me to speculate, which I do not do. I suggest that you file for unemployment and if your employer contests your claim, let me know.

      • anon

        Thanks you for your reply. I appreciate it. I will find out on Monday if I am denied. My company went with the art supplies and the claims examiner said he had other information that was useless to my case. They did lie about why they looked at the video tape and they did not tell the examiner that I brought the stuff back the next evening. If I am denied I will call you and explain my situation, as it is too long to type out. Thanks again!

  • http://www.credit.com/ Credit.com Credit Experts

    What was your question, exactly?

    • Cheryl

      The question is will I get my UI benefits.

Find out where you stand.
Get your FREE personalized credit report card.

Sign Up Now
X

Stay connected to our experts

Please submit your email address to get credit & money tips & advice
from our team of 30+ experts, delivered weekly to your inbox.