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Saying you "walked out," can be a problem. That looks like you quit, but I think there is good cause there, but you always want to avoid proving good cause and what you did to adjust your grievance whenever possible. The other stuff you say after that looks like a discharge, and that requires the employer to prove misconduct, and that's really hard for most employers to do. I'm just hoping you didn't say "walked out" to the interviewer because it will be so much easier.
Just what did you put on your application for unemployment. Did you say you quit or did you say you were discharged?
Quote:
Originally Posted by dopechef
I walked out simply because I was sent home that day due to to much staff on board. Next thing I know, I check the schedule and no hours were put on for me for the following week.
Saying you "walked out," can be a problem. That looks like you quit, but I think there is good cause there, but you always want to avoid proving good cause and what you did to adjust your grievance whenever possible. The other stuff you say after that looks like a discharge, and that requires the employer to prove misconduct, and that's really hard for most employers to do. I'm just hoping you didn't say "walked out" to the interviewer because it will be so much easier.
Just what did you put on your application for unemployment. Did you say you quit or did you say you were discharged?
Also indicated to the examiner that i spoke to HR who told me to speak to my boss (which i did). He indicated the hours were up to him and if i didnt like it, I would have to deal with it. I did all i could. Spoke to who I could to get the hours i was promised when i took the position.
Putting "discharged" is good. If the employer fills out the form and says, "we didn't have enough hours," or "we stopped scheduling the claimant," then you've got it made.
If you get denied, immediately file an appeal request. Don't go into a ton of detail. "The determination of deputy dated mm/dd/yy is wrong. I want an appeal hearing scheduled," is sufficient. You don't want to help out your employer by telling them all the reasons the decision is wrong so that the employer has an opportunity to manufacture witnesses or evidence.
Then come back here and type in the decision word for word so we can look for the holes, and then you can fix things at your appeal hearing. I'll cross my fingers for you that it won't be necessary, but never say "walked out" ever again.
Your story needs to be "I was sent home, and never scheduled again."
Putting "discharged" is good. If the employer fills out the form and says, "we didn't have enough hours," or "we stopped scheduling the claimant," then you've got it made.
If you get denied, immediately file an appeal request. Don't go into a ton of detail. "The determination of deputy dated mm/dd/yy is wrong. I want an appeal hearing scheduled," is sufficient. You don't want to help out your employer by telling them all the reasons the decision is wrong so that the employer has an opportunity to manufacture witnesses or evidence.
Then come back here and type in the decision word for word so we can look for the holes, and then you can fix things at your appeal hearing. I'll cross my fingers for you that it won't be necessary, but never say "walked out" ever again.
Your story needs to be "I was sent home, and never scheduled again."
Got it. Thank you so much! You've been wonderful. I will come back and let you know the decision word for word. I truly am so thankful for all you've done and have been with you responses. I look forward to hearing from you again. Your advice is greatly appreciated.
Putting "discharged" is good. If the employer fills out the form and says, "we didn't have enough hours," or "we stopped scheduling the claimant," then you've got it made.
If you get denied, immediately file an appeal request. Don't go into a ton of detail. "The determination of deputy dated mm/dd/yy is wrong. I want an appeal hearing scheduled," is sufficient. You don't want to help out your employer by telling them all the reasons the decision is wrong so that the employer has an opportunity to manufacture witnesses or evidence.
Then come back here and type in the decision word for word so we can look for the holes, and then you can fix things at your appeal hearing. I'll cross my fingers for you that it won't be necessary, but never say "walked out" ever again.
Your story needs to be "I was sent home, and never scheduled again."
I just claimed. No change. Claim pended not available for payment. From previous posts; other outcomes, experience, how long have people been waiting to get a response? This is killing me!! Do you think I'll hear something this week? Im a single dad. Very responsible with money and saved like crazy just in this was going to happen. All of that has depleted. Im terrified.
No way of conjecturing, without more detail from you on what transpired. See Chyvan's post.
Relative to no decision - you are the third person from NJ today waiting for a decision on an interview - two took place on 9/12, one took place on 9/11.
NJ is either backed up, or there are employer responses/nonresponses to NJ on these claims holding up the decisions.
I just claimed. No change. Claim pended not available for payment. From previous posts; other outcomes, experience, how long have people been waiting to get a response? This is killing me!! Do you think I'll hear something this week? Im a single dad. Very responsible with money and saved like crazy just in this was going to happen. All of that has depleted. Im terrified.
While I'm not in your state, it took me 363 days before I saw my first check. In a quit/discharge, it can take a really long time, and if you have to appeal. . .
Technically, you have no income while your benefits are in limbo. You need to go apply for food stamps, LIHEAP, low income utility discounts, and lifeline phone service. It's all googleable for your area. It'll stretch out your savings hopefully long enough to get benefits, and don't be afraid to run up your credit cards. Just don't do what many others do. They take the first job that comes along, and drastically reduce the value of their UI claim, and set themselves up for other issues. If you can afford it, you want to get suitable employment.
Not to rub it in but more for others reading about the reduction in hours, but getting cut to 10 hours per week was a slam dunk to get partial UI. 20 hours, it's iffy, but 10 hours is a no brainer.
While I'm not in your state, it took me 363 days before I saw my first check. In a quit/discharge, it can take a really long time, and if you have to appeal. . .
Technically, you have no income while your benefits are in limbo. You need to go apply for food stamps, LIHEAP, low income utility discounts, and lifeline phone service. It's all googleable for your area. It'll stretch out your savings hopefully long enough to get benefits, and don't be afraid to run up your credit cards. Just don't do what many others do. They take the first job that comes along, and drastically reduce the value of their UI claim, and set themselves up for other issues. If you can afford it, you want to get suitable employment.
Not to rub it in but more for others reading about the reduction in hours, but getting cut to 10 hours per week was a slam dunk to get partial UI. 20 hours, it's iffy, but 10 hours is a no brainer.
Thanks for the advice Chyvan. The reduction of hours was why I claimed UI. I had an open claim so that's why they had to review it. There was a 5000+ remaining on the claim so I guess that's why they had to do some research on it.
Waiting to hear. Do you think I'll hear something this week? via mail or other source?
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