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Old 03-12-2012, 02:58 PM
 
24 posts, read 86,320 times
Reputation: 31

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I just got screwed out of a great job and I'm going through the initial review process of applying for unemployment benefits.

I expect to be denied, which will result in my appeal.

I have an excellent work record, no disciplinary action, never late, in two and a half years with the same company.

My story:

My schedule changed drastically from week to week, so I would write down my schedule on a calendar at home.

I made a mistake and wrote down the wrong days, off by one day, which resulted in a "no call, no show". I was immediately let go, they called it a "voluntary resignation."

My supervisor was sympathetic, said he would "back" me and make it clear I made a mistake. The HR dept was sympathetic. My boss, who made the decision, is a real "by the book" guy, but was sympathetic. It's just the company policy, which it just so happens in the past month they decided to become more "strict" about.

So you might have a GREAT employee at the company for 20 years, and he makes one mistake, and he's finished. It's a terrible policy, since I imagine schedule changes happen all the time and people write them down wrong. HR said they've already had to let a few people go over it who didn't deserve it.

I told the unemployment official, when they called for the interview, that in the past, my work had changed the schedule on me -- mid-week -- without telling me, and let it slide, admitting they had messed up (this had always worried me, I thought it was unprofessional). I also know for a fact this had happened to other people many times.

My supervisor did not call me on the night I was supposed to be here -- they have a policy "not to call" if you don't show up -- BUT THEY USUALLY CALL. I know they've called other people and thus saved their jobs by doing so. (I've considered that I could call these people or subpoena these people in a future hearing to testify).

I think the above would establish a pattern of unprofessionalism with the schedule, and unfairness in how they've called people and saved their jobs.

So I got royally screwed. I got the rug pulled out from under me. I also swear to this day that I wrote down the RIGHT schedule, and I was shocked to find I'd wrote it down wrong. I still can't believe it to this day. I have no proof that they changed it arbitrarily, however. All I have is my calendar and my girlfriend as witness that I had acted in good faith.

I either wrote it down wrong -- human error, mistakes happen -- and my life is destroyed because of one mental error -- or they changed the schedule on me and didn't tell me.

Does anyone know if I have a shot at this, and any advice? Does Nevada UI grant benefits even in cases of a 'no call, no show'?

ONE LAST THING: The HR Dept acted like I would "easily" get benefits. Said "it's up to them." Acted like they wouldn't fight it. The lady even suggested how I might "say things a certain way", like say I was "sick" the day I had written down the schedule, or say things to make my case look better.

 
Old 03-12-2012, 03:06 PM
 
Location: Vegas, baby, Vegas!
3,977 posts, read 7,645,927 times
Reputation: 3738
you MUST work at a Casino, no other place would treat a employee so heinously

Jonathan
 
Old 03-12-2012, 03:15 PM
 
24 posts, read 86,320 times
Reputation: 31
Yup, I work at a casino, the one that "loves" everyone.
 
Old 03-12-2012, 04:10 PM
 
Location: Sunrise
10,864 posts, read 17,010,374 times
Reputation: 9084
Quote:
Originally Posted by cubd1 View Post
Yup, I work at a casino, the one that "loves" everyone.
Union?
 
Old 03-12-2012, 04:28 PM
 
Location: Las Vegas
542 posts, read 987,478 times
Reputation: 375
Quote:
Originally Posted by ScoopLV View Post
Union?
Not if it's the one that "loves locals"...
 
Old 03-12-2012, 04:58 PM
 
Location: Sunrise
10,864 posts, read 17,010,374 times
Reputation: 9084
Quote:
Originally Posted by m73m95 View Post
Not if it's the one that "loves locals"...
Oh, yeah. That one.

Sorry, OP, you're screwed. Try to get an on-call/steady-extra job with a union shop on the strip. With luck, you'll find a sympathetic HR person.
 
Old 03-12-2012, 05:10 PM
 
Location: Las Vegas
3,728 posts, read 9,481,951 times
Reputation: 1323
Quote:
Originally Posted by cubd1 View Post
I just got screwed out of a great job and I'm going through the initial review process of applying for unemployment benefits.

I expect to be denied, which will result in my appeal.

I have an excellent work record, no disciplinary action, never late, in two and a half years with the same company.

My story:

My schedule changed drastically from week to week, so I would write down my schedule on a calendar at home.

I made a mistake and wrote down the wrong days, off by one day, which resulted in a "no call, no show". I was immediately let go, they called it a "voluntary resignation."

My supervisor was sympathetic, said he would "back" me and make it clear I made a mistake. The HR dept was sympathetic. My boss, who made the decision, is a real "by the book" guy, but was sympathetic. It's just the company policy, which it just so happens in the past month they decided to become more "strict" about.

So you might have a GREAT employee at the company for 20 years, and he makes one mistake, and he's finished. It's a terrible policy, since I imagine schedule changes happen all the time and people write them down wrong. HR said they've already had to let a few people go over it who didn't deserve it.
I told the unemployment official, when they called for the interview, that in the past, my work had changed the schedule on me -- mid-week -- without telling me, and let it slide, admitting they had messed up (this had always worried me, I thought it was unprofessional). I also know for a fact this had happened to other people many times.

My supervisor did not call me on the night I was supposed to be here -- they have a policy "not to call" if you don't show up -- BUT THEY USUALLY CALL. I know they've called other people and thus saved their jobs by doing so. (I've considered that I could call these people or subpoena these people in a future hearing to testify).

I think the above would establish a pattern of unprofessionalism with the schedule, and unfairness in how they've called people and saved their jobs.

So I got royally screwed. I got the rug pulled out from under me. I also swear to this day that I wrote down the RIGHT schedule, and I was shocked to find I'd wrote it down wrong. I still can't believe it to this day. I have no proof that they changed it arbitrarily, however. All I have is my calendar and my girlfriend as witness that I had acted in good faith.

I either wrote it down wrong -- human error, mistakes happen -- and my life is destroyed because of one mental error -- or they changed the schedule on me and didn't tell me.

Does anyone know if I have a shot at this, and any advice? Does Nevada UI grant benefits even in cases of a 'no call, no show'?

ONE LAST THING: The HR Dept acted like I would "easily" get benefits. Said "it's up to them." Acted like they wouldn't fight it. The lady even suggested how I might "say things a certain way", like say I was "sick" the day I had written down the schedule, or say things to make my case look better.
Therein lies your answer. No union shop, their rules, right to work state.

IMO and maybe I'm very wrong, but, I doubt anyone from the place that loves locals is going to show up for a UI hearing for you and be your cheerleader. Then why did they let you go? People feel bad about it in the HR dept, so they are being nice, but it wouldn't make sense to back someone up who was let go for violating the rules, only to praise them at an unemployment hearing and allow you to collect unemployment with a "voluntary resignation" as the reason for termination.

I'm so sorry this happened to you, but I would say you have a slim chance of collecting UI in this case. You might want to consult with an attorney who handles employeee TORT cases, but they would cost you money out of your pocket.

Maybe Buzz123, who is on this board and very familiar with the workings of UI can offer you up some help/hope.

So sorry to hear about your misfortune
 
Old 03-12-2012, 06:16 PM
 
10,494 posts, read 27,268,803 times
Reputation: 6718
There are many local casino chains Boyd, Stations, Cannery to name a few. How can anyone say they know what chain the OP is referring too?
 
Old 03-12-2012, 06:26 PM
 
49 posts, read 59,040 times
Reputation: 32
There are commonrules on the subject...

The rule must be reasonable
The claimnant knew or should have known
The violation is wantom and wilful.

Three should do it for this OP.
 
Old 03-12-2012, 07:04 PM
 
2,724 posts, read 4,767,365 times
Reputation: 1042
Quote:
Originally Posted by las vegas drunk View Post
There are many local casino chains Boyd, Stations, Cannery to name a few. How can anyone say they know what chain the OP is referring too?
"we heart locals"

We Love Locals - Las Vegas Coupons, Free Deals and Locals Discounts | Home Page (http://www.weluvlocals.com/ - broken link)
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