Viewing a single comment thread. View all comments

Shoesietart t1_iubd36m wrote

The unemployment office determines whether someone receives unemployment. The company may argue that "they" think you're not eligible, but the unemployment office decides.

Always apply and fight any denial. It's pretty easy to win unless you really fucked up. Point out their history of firing people before benefits kick in. Also, post their behavior everywhere.

343

MizchiefKilz t1_iucefrd wrote

Did they even give a specific policy that was violated? do they have proof of what she did and proof that she was trained not to do that? Any documented warnings?

68

Shoesietart t1_iucod7r wrote

Exactly. That's why the employer may not win.

What is the documented policy; when and how was it shared; did employee receive relevant notification and training re policy; Is policy legal; In what way did employee violate policy; were they warned, when and how, etc., what is history of firings?

63

DD_equals_doodoo t1_iudrg10 wrote

It depends. Some things are pretty obvious. For example, if you no call, no show, the unemployment office is unlikely to rule in your favor. I forget the language they use, but if you show no regard or care to protect your unemployment, they will not rule in your favor. You don't have to a have a policy for everything as an employer.

5

PassionFruit_1 t1_iueqx57 wrote

I was GM at a restaurant a while back. Guy stops showing up for work, I document it, after a week of not responding I terminated him in the system. He shows up a month later, and I tell him I had to hire a replacement because he stopped showing up and responding.

Dude filed for unemployment and received it. I was confused to say the least but it was not my job or responsibility anymore to worry about that.

7

SafetyMan35 t1_iudaehq wrote

We had to terminate employment for an employee and we documented it in a memo to the employee outlining where he was falling short and where he needed to improve. He signed the letter acknowledging he received it. We worked with him, but his attitude became worse and we ultimately terminated employment, but we documented why he was terminated.

The employee never filed for unemployment, so I’m not sure if it would have caused a denial, but the reasons were clearly documented

10

RightofUp t1_iudmgms wrote

Depends entirely on the unemployment judge.

If the "cause" was performance based, I usually watched my company lose its appeal to unemployment for a variety of factors.

If the "cause" was behavioral and opened the company to possible litigation (such as harassment), then unemployment was always denied.

In these situations in my state, the judge is the deciding factor, not the company or applicant.

13

Jimshorties t1_iucz1xx wrote

Mention the others who were likewise terminated

18

CmdrShepard831 t1_iucgfau wrote

Fraud aside, it seems like all these things could be easily faked by an employer considering hearings consist of a phone call and then ruled on.

7

oedipism_for_one t1_iucu5dn wrote

While possible and definitely has happened you don’t want to get caught doing this. That’s why the more people who file the more attention gets drawn to a company. As others have stated it costs you nothing to try.

23

defcon212 t1_iud89k9 wrote

The employee tends to get unemployment unless the employer can prove cause, it's one area where employees do alright in the US system.

9

OathOfFeanor t1_iudlxjk wrote

Eh, it's just as flawed as other bureaucratic systems.

My legitimate claim was denied and it was impossible to speak to anyone on the phone or get a response to any letter I sent.

OP's wife should be prepared for a little bit of a fight IMO

4

Fox2quick t1_iud8i9v wrote

I once switched jobs because my old job was stringing me along for a raise I knew they wouldn’t give. Found a new job that happened to be seasonal (but started at the beginning of the season). Worked throughout the whole season and then filed for temporary unemployment through the off season.

Due to some clerical error, my unemployment was being paid by my old job, not my new one, despite having been at the new job long enough for them to be the ones paying.

My old job (rightfully) disputed it and myself and my old boss had to go to the local unemployment office for a hearing.

Very little of the process was handled over the phone. All communications were via mail.

The hearing wasn’t a bad experience at all. Me and my old boss sat opposite at a table in the clerk’s office. She heard both our sides, asked a few questions, and then filed whatever she needed to for my new company to be the ones paying.

9

Metradime t1_iudmpja wrote

If the previous employer doesn't have any sway, why are they party to this at all??

As in, at that point, isn't the employer just telling the unemployment office whether or not they like you personally?

1

Shoesietart t1_iue31e5 wrote

Employers have the right to fire shitty employees and they can contest your benefits since unemployment is funded by employers. Lots of claims may increase the unemployment tax rate they're required to pay. They don't want to pay benefits to a poorly performing former employee - always late, took long lunches, didn't show up, etc. If they can demonstrate someone was unreliable or difficult, the state may agree and not pay unemployment benefits.

0