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Old 02-09-2019, 04:28 PM
 
32 posts, read 92,440 times
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Does anyone here have any experience with going through an appeal process against an employer making false claims that you quit ?

>>I have another thread on here if anyone wants the full story .
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Old 02-09-2019, 05:14 PM
 
Location: Texas
13,480 posts, read 8,380,774 times
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No. But, do you have any proof (written or witnesses) that you were let go? All I know is that in my state there is an appeals process where a hearing officer will listen to both sides of the story and decide who they believe. It's usually not credible that a person would quit a job without another job to go to.
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Old 02-09-2019, 09:04 PM
 
Location: Erie, PA
3,696 posts, read 2,896,747 times
Reputation: 8748
Quote:
Originally Posted by Jthunt View Post
Does anyone here have any experience with going through an appeal process against an employer making false claims that you quit ?

>>I have another thread on here if anyone wants the full story .
Not as an employee but I represent my employer in hearings.

I'm surprised that they lied about you quitting if the real reason was they let you go.

In all of the cases we have where an employee voluntarily resigns, we have them turn in a resignation letter.

I'm thinking that they will hang themselves when the UI hearing officer asks them to produce the non-existent resignation letter.
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Old 02-09-2019, 09:41 PM
 
Location: Texas
13,480 posts, read 8,380,774 times
Reputation: 25948
Quote:
Originally Posted by Marie Joseph View Post
Not as an employee but I represent my employer in hearings.

I'm surprised that they lied about you quitting if the real reason was they let you go.

In all of the cases we have where an employee voluntarily resigns, we have them turn in a resignation letter.

I'm thinking that they will hang themselves when the UI hearing officer asks them to produce the non-existent resignation letter.
That's what I think too.
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Old 02-09-2019, 09:59 PM
 
14,500 posts, read 31,075,853 times
Reputation: 2562
https://www.city-data.com/forum/unemp...interview.html

You have to read her other thread before you encourage her into thinking she has a slam dunk case.

" I was working there for a little over a month and during that month I called off twice due to my son being sick, I made sure to call way ahead of time to let them know and they told me it was fine to take care of my son . I thought everything was ok but that very Saturday on December , 23 was the last day I was scheduled to work "

She could have been fired for missing work, or she might have constructively quit.

https://www.city-data.com/forum/unemp...-mail-one.html

This one swore she was fired too, but didn't show up for work, and it was treated as a quit.

This poster was someone that had personal issues that may very well have caused problems at work, but for her to make it sound like her employer is "lying" is not necessarily true. The employer may very well have translated her issues into wanting to quit because her issues couldn't be accommodated, or maybe it was easier to stop scheduling her because it caused too much inconvenience when she called in after the schedule was set.
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Old 02-10-2019, 08:33 AM
 
32 posts, read 92,440 times
Reputation: 22
Quote:
Originally Posted by Chyvan View Post
https://www.city-data.com/forum/unemp...interview.html

You have to read her other thread before you encourage her into thinking she has a slam dunk case.

" I was working there for a little over a month and during that month I called off twice due to my son being sick, I made sure to call way ahead of time to let them know and they told me it was fine to take care of my son . I thought everything was ok but that very Saturday on December , 23 was the last day I was scheduled to work "

She could have been fired for missing work, or she might have constructively quit.

https://www.city-data.com/forum/unemp...-mail-one.html

This one swore she was fired too, but didn't show up for work, and it was treated as a quit.

This poster was someone that had personal issues that may very well have caused problems at work, but for her to make it sound like her employer is "lying" is not necessarily true. The employer may very well have translated her issues into wanting to quit because her issues couldn't be accommodated, or maybe it was easier to stop scheduling her because it caused too much inconvenience when she called in after the schedule was set.


Let me CLEAR things up for you OK. Seems as if you have this really interesting vendetta towards this situation, but let me just re group the FACTS HERE . Me calling off had NOTHING to do with them stating I quit , that was All the way in the beginning of the job period , I had valid evidence that my son was sick , in which that was Never an ISSUE , they were very accommodating, furthermore 2 call off isn’t a fire . We are ALOWED to have up to 3 . Secondly , I was a SEASONAL worker , any of those managers can say that out THEIR MOUTH. , I have no reason to lie so get off my behind and go fly a kite . Thank you . We all have our lives to live and we all NEED sufficient income , trust me for the LOVE of God I wouldn’t quit a job that was only supposed to be for a Christmas season unless I would have NEVer Took the offer to begin with.
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Old 02-10-2019, 08:40 AM
 
32 posts, read 92,440 times
Reputation: 22
Quote:
Originally Posted by PriscillaVanilla View Post
No. But, do you have any proof (written or witnesses) that you were let go? All I know is that in my state there is an appeals process where a hearing officer will listen to both sides of the story and decide who they believe. It's usually not credible that a person would quit a job without another job to go to.
I don’t have any witnesses, I recently learned that one of the managers that was working with us at the time had “ quit”. But I have gathered some great evidence, trust me more than what they can (if they can ) come up with . I just recently contacted their HR department and they are supposed to be proving me with some documents as well .
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Old 02-10-2019, 08:46 AM
 
32 posts, read 92,440 times
Reputation: 22
Quote:
Originally Posted by Chyvan View Post
https://www.city-data.com/forum/unemp...interview.html

You have to read her other thread before you encourage her into thinking she has a slam dunk case.

" I was working there for a little over a month and during that month I called off twice due to my son being sick, I made sure to call way ahead of time to let them know and they told me it was fine to take care of my son . I thought everything was ok but that very Saturday on December , 23 was the last day I was scheduled to work "

She could have been fired for missing work, or she might have constructively quit.

https://www.city-data.com/forum/unemp...-mail-one.html

This one swore she was fired too, but didn't show up for work, and it was treated as a quit.

This poster was someone that had personal issues that may very well have caused problems at work, but for her to make it sound like her employer is "lying" is not necessarily true. The employer may very well have translated her issues into wanting to quit because her issues couldn't be accommodated, or maybe it was easier to stop scheduling her because it caused too much inconvenience when she called in after the schedule was set.

Since ur the genius here , if I was fired for missing work Mr.Smart one , wouldn’t it be easier for the employer to say I was fired for misconduct than to put down that I quit ?hmm I’m pretty sure they would have a Much STRONGER CASE .
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Old 02-10-2019, 09:23 AM
 
6,455 posts, read 3,977,052 times
Reputation: 17198
Quote:
Originally Posted by Chyvan View Post
https://www.city-data.com/forum/unemp...interview.html

You have to read her other thread before you encourage her into thinking she has a slam dunk case.

" I was working there for a little over a month and during that month I called off twice due to my son being sick, I made sure to call way ahead of time to let them know and they told me it was fine to take care of my son . I thought everything was ok but that very Saturday on December , 23 was the last day I was scheduled to work "

She could have been fired for missing work, or she might have constructively quit.

https://www.city-data.com/forum/unemp...-mail-one.html

This one swore she was fired too, but didn't show up for work, and it was treated as a quit.

This poster was someone that had personal issues that may very well have caused problems at work, but for her to make it sound like her employer is "lying" is not necessarily true. The employer may very well have translated her issues into wanting to quit because her issues couldn't be accommodated, or maybe it was easier to stop scheduling her because it caused too much inconvenience when she called in after the schedule was set.
If it was a problem for her to take time off with her son, they shouldn't have led her to think it wasn't.

if she wasn't scheduled to work, they can't say she didn't show up if she didn't know she was expected to (and, she said she specifically called, several times, and asked if she was scheduled, and they said no. it also sounds like they did not say "no, because you no longer work here.").

Employers can't just "assume" a person intends to quit, especially since a person saying "hey, I need to be off today with my sick kid" sure sounds like they intend to be off just for that one day and then to return-- which she did. Why would you assume someone wants to quit unless they actually say "I quit"?

At no time did she say she quit. At no time did they say she no longer was employed there. If it were me, the assumption would be that I was still their employee and, for some reason, was not being put on the schedule temporarily. If she needed income, then yes, applying for unemployment as being "laid off" seems appropriate to me, until such time as they returned her to work.
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Old 02-10-2019, 09:29 AM
 
14,500 posts, read 31,075,853 times
Reputation: 2562
YOU do NOT know what the employer put down. You only know what the UI worker put down.

Quote:
Originally Posted by Jthunt View Post
wouldn’t it be easier for the employer to say I was fired for misconduct than to put down that I quit ?
Just like in the other thread where that woman swore she was fired. She probably was told that she was fired, but missing work can just as easily be turned into a quit with a higher bar to requalification (at least in NJ) so that's what the UI workers do to claimants.

Quote:
Originally Posted by Jthunt View Post
I have gathered some great evidence,
If this were true, you wouldn't have been denied the first time around.

The "vendetta" I have against you is that you think you are totally blameless and that your employer and the UI people are out to get you.

You told the story. I think you did something wrong by not going to work, and I'm not surprised that you're having problems and are going to have to "work" to get your UI.

Then you split your thread to separate your earlier story to try to reinforce your narrative that you're some innocent victim.
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