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I was sought out and hired in October 2015 for a full-time position at 40 hours per week. Over the past few months, starting in April my hours were reduced significantly due to lack of business. Average amount of hours I was working were approximately 20 hours per week. On Wednesday June 15th I was subjected to verbal abuse and hostility that escalated quickly without warning by my employer. I had made a innocent comment that happens frequently in our office between employees and employers. As a result I was yelled and cursed at and sent home. His actions in handling the situation were demeaning and uncalled for and this was not the first time. I feel unsafe returning to work. It's not my fault he can not control his temper. The owner's wife left me a voicemail the following Friday after realizing I did not come into work. She apologized for not calling me after the incident to see if I was okay and stated that she realized things got very ugly, she was in her office at the time of the occurrence. She also told me that she never crosses the owners boundaries once he has made a statement. This makes me feel like I have no one to turn to. And the abuse will continue to happen and perhaps something worse may occur. I soon filed for unemployment under "lack of work". I have received a benefit payment explanation stating a waiting week was served based on the unemployment insurance act requiring a full week of unemployment before benefits can be collected. They deposited 1 weeks of unemployment into my account. My next certification will be on Monday the 12th of July. Today I received a notice of interview in the mail with a telephone interview scheduled for July 15th. It states a question has been raised regarding my eligibility for unemployment. This interview is requested because my employer states that I was discharged. To resolve this question and interview will be necessary for you to supply information regarding 602a misconduct applies to your eligibility in this case. Not sure how to proceed? Any advice would be greatly appreciated.
Text I sent to my employer after the voicemail about the incident:
C****, I understand your position. If R**** felt as if I disrespected him as employer there were proper ways he could have addressed the situation. I can not work in an environment where verbal abuse and hostility escalades that quickly. It makes me feel unsafe at work.
Her responce:
I am not sure what you would like to do as I understand your feelings. I do need to know since we did not talk if it is your intention to quit as I need direction for insurance and moving ahead.
This interview is requested because my employer states that I was discharged.
Thank your lucky stars that your employer is saying your were "discharged." If you'd done this while working for me, I'd have said you quit, and then your situation would look pretty bleak.
Quote:
Originally Posted by Reina516
Not sure how to proceed?
Do NOT take the call, answer any questions, or participate any further.
You lied when you said there was a lack of work, you really quit anyway, and nothing you can say is going to fix things. Your credibility is shot.
Because your employer said you were discharged, they will have to establish that you did something and what you did rises to the level of misconduct. Your bossing yelling at you is not misconduct on your part. Therefore, you have nothing to fear at this stage. Let your employer tell their story, put their cards on the table, and if you get an adverse decision, you'll be able to make a good case at an appeal hearing to get benefits.
But isn't it really lack of work if my hours were cut in half? I was trying to be nice and not ruin my employers reputation. I didn't know what else to put on the unemployment application.
But isn't it really lack of work if my hours were cut in half?
In April, yes, but not now. When you kept working the reduced hours, that is you agreeing to the "lack of work," and it wasn't a lack of work anymore, just you becoming a part-time employee.
Quote:
Originally Posted by Reina516
I was trying to be nice and not ruin my employers reputation.
No one has ever gotten UI because they "didn't ruin their employer's reputation."
I see. They kept promising me things would get better. Guess I shouldn't have believed them. My ex-employer is a small business owner and I have been subjected to and witnessed some bad business. His reputation in the community is crucial. Being that we're from the same town for many years we know a lot of the same people and business owners. I don't want to be revengeful I just want what's fair. Thank you for all your advice you've made me see things in a different way. It's all kind of new to me because I haven't been out of work in more than 16 years. I'm not trying to cheat anyone I'm just trying to get by till I can find a job.
Also, be prepared that your former employer can switch gears from it being a discharge to that of it being a quit or job abandonment. At this stage of the game, you're just a passenger on a plane with blacked out windows. When it lands and you see where you are, that's when you start planing what to do.
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