Help: Unemployment Dispute

[cma3585]

So a couple months ago I got fired after missing a ton of work after receiving C diff. My boss knew about it the entire time and it left me some days crippled, some able to work. I eventually got fired out of nowhere and all he said was I "failed to meet expectations". He never elaborated. So I recently applied for unemployment and stated I was fired and without any preceding warning. I figured everything went through ok and made my first file yesterday. Today I receive a call from the unemployment office stating my boss said I was warned numerous times and had a "weekly goal" set for me in regards to my attendance, which is news to me.

My main question is, if anyone has any experience...is the unemployment office prone to believe the companies more than the filers? The things he said were blatant lies (no way to prove either side though) and I made sure to let the person know who was asking me about the situation. I knew why I got fired (nothing I could really do at that point to fix it), but considering it came without warnings is why I stated so on the application.

So just curious if anyone's ever been in a dispute before over it and does it possibly have to go to court to get settled? I'm terrified they'll just simply believe the company.

[blackjack68]

Ask for acknowledged emails or signed disciplinary notices.

Have you filed a dispute with the Unemployment office?

[Willie Kool]

Does the company have more than 50 employees?

[cma3585]

Ask for acknowledged emails or signed disciplinary notices.

Have you filed a dispute with the Unemployment office?

I received no emails or notices. Haven't filed the dispute yet but afraid it'll come to that. Just wondering if at that point lawyers have to get involved.

Willie: from what I'm aware, less than 50 employees.

[Willie Kool]

Ask for acknowledged emails or signed disciplinary notices.

Definitely this. If there is no documented proof you were warned, I don't think it counts.

[Willie Kool]

Willie: from what I'm aware, less than 50 employees.

That's bad news, as 50 is the cutoff for FMLA

[cma3585]

Is unemployment an FMLA issue though? I wasn't given a leave of absence, I was outright fired.

[Idoit40fans]

I got screwed by a similar situation of my company lying about the end of my employment just after college before i moved to maryland for work. Basically it turns out that pa gave me a low interest loan for like 3 months. I pay them back like $50 a month. Oddly i thought i had lump sum paid them the remainder of it back in 2011, but apparently i had not. This january, after filing my taxes now that im again employed in pa, they sent me a notice that i still owe them money. To give you an idea what the interest theyre charging me was, i had accumulated just over $3.00 of interest.

Im now back on the "submitting an immaterial payment each month so im technically working on paying them back" payment plan.

Edit: i guess it wasnt that similar. I had an overnight job right after college, my shift was eliminated and i couldnt work the day shift so i gave notice. They came back a year or so later and said i hadnt given proper notice.

[Willie Kool]

Is unemployment an FMLA issue though? I wasn't given a leave of absence, I was outright fired.

No, but the absences may have qualified under FMLA if there were 50+ employees.

[Gabe]

I've been on the other side (employer) of the unemployment dispute. I once had a blatant slacker that we fired for not coming in to work. He filed for Unemployment Compensation. We contested it. There was a phone hearing. He was clearly not entitled to receive a weekly check, but it didn't matter. The moderator (judge) just ruled there wasn't enough evidence on our part and let him have it.

[cma3585]

I've been on the other side (employer) of the unemployment dispute. I once had a blatant slacker that we fired for not coming in to work. He filed for Unemployment Compensation. We contested it. There was a phone hearing. He was clearly not entitled to receive a weekly check, but it didn't matter. The moderator (judge) just ruled there wasn't enough evidence on our part and let him have it.

Bodes well for me at least in the fact I was out due to a documented illness that the entire company knew about.

[Sam's Drunk Dog]

You might have a case for a wrongful termination lawsuit. I'd look into hiring a lawyer.

[Factorial]

cma3585, sorry to hear about this. As others have said, contact a lawyer and see what they think. On the surface, it sounds like you are being screwed over.

[cma3585]

You might have a case for a wrongful termination lawsuit. I'd look into hiring a lawyer.

Thing about that is that I was under a probationary period...about 70 days into 90 total. They realistically could dump me for whatever. Regardless, the fact they had to lie to the unemployment office about the circumstances leading up to it puzzles me in regards to that.

I wasn't with the company long and my 4 quarters of work that made me eligible for unemployment were with a company I was with for 14 months prior to quitting due to mental health issues, not the last 12 months of employment overall. It was in a group home and just destroyed me mentally/emotionally (with my own dealings with bipolar disorder) by the time I quit. So I'm a bit curious as to why they're going after my recent employer when I made less than the $3,xxx they asked if I had or not. I figured by checking the box stating I made under that sum that it wouldn't fit into the equation of whether I was qualified or not in regards to that one employer.

Either way, if it is a wrongful termination lawsuit, what would I be eligible to receive? I can't imagine the lawyer fees unless I absolutely had to hire one as a last ditch effort.

[Sam's Drunk Dog]

I am not a lawyer nor do I know much about employment law, but I believe you would be possibly entitled to the wages you would've earned if you weren't terminated if not more. I'd at least contact a lawyer and see if they'd be willing to meet with you to discuss your case.

[PghSkins]

I only have ever fired one employee. There was a paper trail on him a mile long, had been warned, and an accident drunk in a company vehicle sealed it.

We did not pay unemployment. He fought it and won. So, I'm not really sure what you have to do to NOT get it if you fight it.

I think you will be fine.

[OutofFoil]

I only have ever fired one employee. There was a paper trail on him a mile long, had been warned, and an accident drunk in a company vehicle sealed it.

We did not pay unemployment. He fought it and won. So, I'm not really sure what you have to do to NOT get it if you fight it.

I think you will be fine.

Ouch, sounds like some good stories about that winner lurking in the shadows.

[Gabe]

You might have a case for a wrongful termination lawsuit. I'd look into hiring a lawyer.

That is going to be hard to get a court victory on, in my opinion. Now that's not to say that if you filed suit against your former employer that they wouldn't just settle and throw you a check to go away. I think you have a case for the unemployment, but as far as wrongful termination, since we are for the most part a right to work nation, it would be hard to prove you were being mistreated.

[Rocco]

You should contact a lawyer in your area who handles employment law.

[cma3585]

In the end, I understood why I got terminated, even if it was unjust. It's the blatant lying by my boss to the unemployment agency that has me rattled the most...I don't like my chances in a he says vs she says type deal at all, especially when it comes to money. And again, I'm not sure why this particular company is such a roadblock when I acquired less than $1000 from them in my time working. I feel like the unemployment agency should be focusing on my prior job that I was at for 14 months. Wouldn't they bear the a lot of the responsibility?

[bhaw]

They are focusing on your last employer b/c they are determining if you are eligible based on your termination from that company.

[PghSkins]

I only have ever fired one employee. There was a paper trail on him a mile long, had been warned, and an accident drunk in a company vehicle sealed it.

We did not pay unemployment. He fought it and won. So, I'm not really sure what you have to do to NOT get it if you fight it.

I think you will be fine.

Ouch, sounds like some good stories about that winner lurking in the shadows.

Yup

[Why Not Us]

I beat PNC, who contested my unemployment compensation in 2012. My manager was in clear violation of policy and procedure and the state ruled in my favor. Incidentally, I came to find out shortly after this, said manager abruptly retired one day. Was a good victory.

[DropEmJayBird]

Yes, two people my wife death with in hearings. One she fired with written warnings as evidence as to why the employee was fired, the other quit once, came back the next day, then quit again and filed unemployment. Documented as well.

If there are warnings - you should have signed them or at least acknowledged them.

[cma3585]

Yes, two people my wife death with in hearings. One she fired with written warnings as evidence as to why the employee was fired, the other quit once, came back the next day, then quit again and filed unemployment. Documented as well.

If there are warnings - you should have signed them or at least acknowledged them.

Yeah, was never shown anything written via email or on paper. He simply claims he warned me verbally, which I know for a fact he didn't. So hopefully that should be enough to sway the office.