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.tv. 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.
[Resource: Emergency Fund: How to Plan for a Financial Emergency]
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:
- Commits misconduct, or
- 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.
[Resource: 10 Resolutions to Make Your Financial Life Easier]
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.”
Image by Bytemarks, via Flickr
Gerri Detweiler Gerri Detweiler is Credit.com's Director of Consumer Education. She focuses on helping people understand their credit and debt, and writes about those issues, as well as financial legislation, budgeting, debt recovery and savings strategies. She is also the co-author of Debt Collection Answers: How to Use Debt Collection Laws to Protect Your Rights, and Reduce Stress: Real-Life Solutions for Solving Your Credit Crisis as well as host of TalkCreditRadio.com.
{ 57 comments… add a comment }
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!!
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…..
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.
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
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?
Mr. Cohn really gave me some good and usefull advise. Wish i had gotten all this info prior to my hearing.
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.
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.
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!!!!!
Kim,
Thanks for sharing your feedback and experience.
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.
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”.
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
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.
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?
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.
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.
Nav –
I suggest you contact Spencer Cohen at Beattheboss.tv to find out what your rights are in terms of appealing this decision.
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)
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 ?
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.
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
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
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??
Raven – I’d suggest you check out Spencer Cohn’s website BeatTheBoss.Tv for help with your situation.
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
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
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?
Tara – I’d suggest you reach out to Mr. Cohn for assistance.
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
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.
Natali – I recommend you read the other article I wrote: Can You Collect Unemployment If You Quit Your Job?
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.
not sure what else to do
same as before
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
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.
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!
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
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.
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?
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.
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.
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.
Spencer – Thanks for all the help you are providing to our readers! It’s much appreciated.
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!
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.
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.
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
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!
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 ?
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
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!!
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
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.
I live in Pa
Just file….when you receive your Notice of Determination contact me and we can discuss your next move. Spencer