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Hello I am seeking advice regarding my recent termination
1) I was fired by the new manager because she claims a member of the team complained about me and I made her uncomfortable
2) I immediately filed for unemployment and was granted but after 2 weeks my employer was appealing that I am ineligible due to misconduct
3) I received a packet of emails going back and forth dated 3 months back that they have been watching or shall I say creeping with my social media and now they are even adding this as could harm the clients
4) it also included a PIP performance improvement plan dated a week before I was fired and I have never seen this form or plan
5) I countered with some evidence that I was never aware that I did something that applies to "misconduct"
6) I have a job now and only received 2 weeks of benefits but this employer of mine is really such an #^%^% that they are getting personal
I greatly appreciate some feedback or recommendations. Thank you in advance.
1) I was fired by the new manager because she claims a member of the team complained about me and I made her uncomfortable
Hearsay. Unless that employee appears at your hearing, don't let your employer get away with telling this story.
As far as you're concerned, it never happened.
Quote:
Originally Posted by Strongwilled
2) I immediately filed for unemployment and was granted but after 2 weeks my employer was appealing that I am ineligible due to misconduct
It's their right. Go with it.
Usually in a case like yours, if you're employer had anything, you'd have been denied.
Quote:
Originally Posted by Strongwilled
3) I received a packet of emails going back and forth dated 3 months back that they have been watching or shall I say creeping with my social media and now they are even adding this as could harm the clients
To be denied, it has to be "misconduct connected with the work." Your social media posts could be excluded if you make the objection and depending on the circumstances.
You can be denied for punching your boss at work, but there's a good chance that you'll get UI for punching your boss in a bar after work, get it?
Quote:
Originally Posted by Strongwilled
4) it also included a PIP performance improvement plan dated a week before I was fired and I have never seen this form or plan
You can certainly point that out during your testimony, but it may not be necessary. You need to look for the reason you were fired as told by your employer. Was it because of the employee that felt uncomfortable or because of your performance? The employer doesn't get to stack things. UI is about the reason you got fired at the time you got fired.
Quote:
Originally Posted by Strongwilled
5) I countered with some evidence that I was never aware that I did something that applies to "misconduct"
Careful there. Quite often in a claimant's attempts to make something look like it wasn't misconduct, they admit that something happened. You need to work on the premise that the incident never occurred, and therefore, there can be no misconduct because nothing happened.
Quote:
Originally Posted by Strongwilled
6) I have a job now and only received 2 weeks of benefits but this employer of mine is really such an #^%^% that they are getting personal
If you lose, you'll be asked to pay back the two weeks of UI that you received (but don't pay), and you'll be sorry if something goes wrong with this new job, and you'll wish you'd kept that claim intact. You won't get a second chance if you make the wrong decision.
Hello does someone have a good insight about how much hours should an EXEMPT EMPLOYEE work in one week in the state of IL? My Manager thinks that we should work 6 days a week because there is a need but we are actually doing more than 40 - I AM DOING A 7.30 TO 7PM TO 8 TO 8PM MONDAY TO FRIDAY and now he expects me to work a SATURDAY to cover another department because of staff shortage. And now my manager claims he/she works 6 days a week - SURE HE/SHE MAKES MORE $$ money than all of us so i don't think it matters........ sorry just venting and would appreciate if anyone can share their thoughts. TIA.
You might want to tell this employer that you're working what you're getting paid for - 40 hours per week. They might fire you, and then you'll want this UI claim.
Do NOT make the mistake of working for free. You just make it harder for others. If everyone that was asked to work 41 hours while on salary and refused, then employers would start paying for the extra hours.
That said, if you are discharged b/c you refuse to work overtime, IL will deny resumption of benefits on your claim. You would then need to appeal. A labor atty in Illinois should be able to give you guidance on the feasibility and an appropriate defense. FLSA encourages employers not abuse imposing mandatory overtime - but the issue is very subjective, unfortunately.
Do you have a link to that and does it make the distinction between paid overtime vs working for free?
Mandatory overtime payment rule was updated by DOL in May of this year, with compliance effective as of December 1, 2016 - if I am reading this correctly:
It's all about FLSA - and only a few states have any restrictions/requirements on refusal of overtime and/or payment which, I guess, is why USDOL decided to curb the abuse:
That said, if you are discharged b/c you refuse to work overtime, IL will deny resumption of benefits on your claim. You would then need to appeal. A labor atty in Illinois should be able to give you guidance on the feasibility and an appropriate defense. FLSA encourages employers not abuse imposing mandatory overtime - but the issue is very subjective, unfortunately.
And Illinois currently still goes by Crawley v. IDES. Refusing to work appropriate overtime is misconduct. However, its fact based so there is a lot more than just refusal to work overtime. They will look at the work environment as a total picture to determine is the overtime is appropriate or an abuse. However, I wouldn't be surprised that they interpret this favorable to IDES over the claimant and it takes a BOR decision to say abuse.
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IL EXEMPT legal hours
