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--->On Friday 5/3, "supervisor" asked you if you accept the part time position. You said that you preferred full-time. "supervisor" reminded you that she only has the Part A work available. You responded to "supervisor" that you were willing to take that part time position and requested of your schedule from M,W,F 9-5 to M,R,F 8-4.---
Where’s your email on 5/3 or 5/4 saying, “I didn’t say I preferred full time. I demanded it. I’m not taking the hit to my pay with the loss of my health insurance allowance.”
I never agreed to a part time position with this company as I wanted to stay very long-term as a full time employee.
Apparently the decision to remove me from full-time to part-time was made by "top executive" and "supervisor" on 5/3 Friday.
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On Friday 5/3, "supervisor" asked you if you accept the part time position. You said that you preferred full-time. (MEANING I PREFERRED FULL TIME.) "supervisor" reminded you that she only has the Part A work available. You responded to "supervisor" that you were willing to take that part time position and requested of your schedule from M,W,F 9-5 to M,R,F 8-4. "supervisor" accommodated you by accepting to change the work schedule.
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So what happens with my Jan job? The part time Jan job was terminated in Jan and I earned 10x more than the weekly benefit rate from pay stubs I have from Jan to May...???
Do I have two shots at this since there are two employers?
It’s too late. You waited 13 days to send it after you’d already stopped going to work for a reason you never communicated to your employer. They kept asking you if you were rejecting the part time, and you said nothing.
You always have a chance but all this proof of yours tells an alternate story because you handled things in a less than optimum way. Also you sent it in already. Some of these emails should have been excluded because they have an alternate meaning in a UI context.
Originally, you had two chances to LOSE. With stubs, you only have one way to lose. I can’t believe you really thought you had two ways to win.
It was not 13 days. It was 5/6-5/13. and on 5/13 I asked for my termination paper and did not agree to the part time.
I already told them I don't agree to the part time over and over again, im not sure what else is missing. I didnt say nothing, I said i wanted to be full time and disagreed on the part time.
If I didnt send it it, these letters and emails are in my file they kept, even if they have it, they can still use it.
Why is the focus on this job more important than the first part time job that ended in Jan?
If I already earned the 10x amount after Jan, then why cant UI be approved?
"good afternoon, this is "name" calling from NYDOL for "my name". I'm working on your unemployment insurance question for you, please call me toll free extension. Please call today if you can but no later than Mon, thats when I have to make my determination on your claim based on the information I have thank you bye bye."
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Is this the call not to answer if I am already disqualified for the UI? I am confused
If I didnt send it it, these letters and emails are in my file they kept, even if they have it, they can still use it.
Just because they have it and can use it doesn't mean they will use it. That is why everyone is advised to wait and see what evidence the employer submitted before planning a strategy / submitting evidence / etc. Many employers fail to send important evidence that would help their side. You don't want to do their "dirty work" for them.
There is a lot working against you in this case. Hope that your employer messes up and does not make a good case.
Quote:
Originally Posted by Nychelp
Why is the focus on this job more important than the first part time job that ended in Jan?
If I already earned the 10x amount after Jan, then why cant UI be approved?
Because it goes from the LAST separation.
The first one was to make sure you didn't quit a job and then work somewhere else a few weeks and claim UI. If you hadn't earned enough in since the first job ended, that job would also come into play.
BUT -- even if you were found entitled to benefits based on the first job, the job that ended last negates that.
For instance, if you do happen to get approved this time, and you got another job pretty quick and worked a few weeks and quit, you could not automatically start drawing your previous benefits. They would have to adjudicate the reason for separation for the new job before they decided if you were re-entitled to benefits.
I never agreed to a part time position with this company as I wanted to stay very long-term as a full time employee.
Apparently the decision to remove me from full-time to part-time was made by "top executive" and "supervisor" on 5/3 Friday.
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On Friday 5/3, "supervisor" asked you if you accept the part time position. You said that you preferred full-time. (MEANING I PREFERRED FULL TIME.) "supervisor" reminded you that she only has the Part A work available. You responded to "supervisor" that you were willing to take that part time position and requested of your schedule from M,W,F 9-5 to M,R,F 8-4. "supervisor" accommodated you by accepting to change the work schedule.
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So what happens with my Jan job? The part time Jan job was terminated in Jan and I earned 10x more than the weekly benefit rate from pay stubs I have from Jan to May...???
Do I have two shots at this since there are two employers?
Look at the dates. The first time in writing in any of your emails that you stated you didn't agree was 5/16
The employer wrote you on 5/3. That's 13 days, and in between you had every opportunity to write you employer and say NO!, and to state a BETTER reason than just being part time, and again, you didn't.
So, yeah, it was 13 days, and even using your interpretation, that was 10 days, and to me, you should have responded that same day or the next morning, but you didn't.
In the world of UI, when you don't take action immediately, it sort means that you were going to give it a try, and then you changed your mind, and you can't do that.
That email already states that on 5/3 that I wanted to remain full time, it was already expressed before 5/6 and was written by the employer that they knew I wanted to remain full time.
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When does an employer must give an employee a termination letter?
On what ground does an employer give an employee a part time position after eliminating their full time position when the employee already expressed verbally they wanted to remain full time?
An employer communicates to an employee to take the part time position or be terminated and then LEAVE out the termination part in writing, but was said verbally?
What strategy is out there that doesn't change anything if i were to ask to be terminated. If I were asked to be terminated how would that look? What writing would I receive from the employer if I simply said "terminated". You don't think the employer is trying to spin it around so that they still don't have to pay UI if i said terminated?
If the employer already left out the part of "TAKE THE PART TIME OR TERMINATION" in writing, but was said verbally, then you can see that they were back tracking their words "termination".
Did this employer bypass the "termination" part to get to part time so that they did not have to terminate an employee to cough up UI?
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I'm not understanding this process with the uploading documents on to the NYDOL website when requesting a hearing.
When I requested a hearing, it had an option to upload supporting documents. So I did that.
How was I suppose to know it was a trap that those documents goes to the employer for their upper hand to win with a better strategy?
How would anyone know? It does not clearly state that "uploading these documents will be given to your employer"
For those who do not know this forum, what knowledge or action would one take when the website has an option to upload supporting document?
Has anyone here received a call back within a week after requesting a hearing without uploading supporting documents on the request appeal?
Has anyone here received a call back within a week after requesting a hearing with uploading supporting documents on the request appeal?
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Everything seems to working against me in my case, and it doesn't seem like a win situation can be achieved.
If everything here I posted was done the wrong way or the less optimal way, and if reduction of hours is not enough, then what is enough to win here?
Working part time for 3 years, and within 1.5 years later found a full time job - I continue to work part time job weekends, and full time job weekdays. I don't quit.
The part time job ended as job abandonment when I clearly have email evidence that I was scheduled to work and then was taken off and NEVER put back on. I continued to work at different location with the same company because we were able to cover shifts from different location. I plead to them to put me back on schedule and they never got back to me after even I reached out to HR.
When the part time ended in Jan, i earned 10x more the weekly benefit rate at the full time job from jan-may. I already earned that amount between Jan and May, way before May began.
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Now for this recent job. I'm not sure why "take the part time or termination" that was communicated to me on Friday 5/3 meeting with my supervisor not a bully or threat move?
She had clearly verbally said that to me and also in the meeting which actually came out of the "top executive" mouth
"TAKE IT OR LEAVE IT".
What proof do I have if everything was verbally communicated?
When it became in writing, THEY DID NOT MENTION THE TERMINATION PART. All they said was part time conversion.
And when I refused the part time position, they INSTRUCTED me to resign.
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Going back to the call, now that I have the voicemail to call back UI, what is the right way to handle this?
I'm already denied for the UI, are they trying to deny me again with this call?
Would this call be for the first employer or second employer? Because I submitted a hearing for both employers separately.
One of the things I learned about my recent employer is to have everything in writing.
Words verbally said means nothing in the company.
My "supervisor" once told me that her "top executive" (same person who wanted me terminated or part time) threw the supervisor under the bus after clearly verbally saying " i got your back on this, i instructed you to do this and i'll have your back in the meeting with the CEO... The meeting happens and WAHBAMMM!!! supervisor gets thrown under the bus because the "top executive" remained silent and denied anything that happened. and of course, the CEO placed the blame on the "supervisor".
Get it on paper and have it signed was the lesson learned.
With the meeting that happened "TAKE THE PART TIME OR TERMINATION", it clearly shows that the option "termination" was left out in writing. They wanted to shove the part time down my throat.
I just received a letter from the NYS Dept of Labor. I had an employee who quit in Dec. 2011. She was working at another company as of Jan 1, 2012 (actually she was working for them prior to quitting also). On Jan. 14, 2013 she filed for unemployment. We sent info to NYS Dept of labor that proved she quit our employee and it had been over a year. We received a letter back from them stating: The claimant had other employment after working for you and before filing this claim, and earned renumeration in the subsequent employment equal to or exceeding five times the benefit rate payable on the claim. Therefore, any potential disqualification for voluntarily leaving employment with you does not apply. For this reason, no determination will be made, and your account is chargeable under Section 581.1e. WHAT DOES THIS MEAN and WHY would I have to pay anything?
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Ok. When a person leaves one job for reasons that don't qualify them for unemployment, they are disqualified until they earn a certain amount of money. That disqualification isn't forever.
If she left you and just asked for unemployment right then, she would have been disqualified from receiving unemployment because she left her last job under circumstances that were disqualifying.
But she didn't do that. She left your job and started another one, where she worked long enough to undo any previous disqualification.
Once that disqualification was undone, they then look to any income this person received during the base period for unemployment and can charge your account as a base period employer. If she is filing in January of 2013, they will look back five quarters or all the way back to October, November and December of 2011 to find income for an employer in that base period.
So, both you and the employer that she worked for after leaving you will be partially liable in your unemployment account.
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I'm an employer in New York State. I had an employee who worked part
time a year ago and then quit for another full time job.
She then was let go by that employer and filed for unemployment. Her
salary at her full time job was more than five times her "benefit
rate".
According to the NYS Department of Labor, my company's unemployment
account is chargeable under state law (Section 581.1e).
Is this accurate? How is this in the spirit of unemployment law? The
employee left my company voluntarily but I still am liable for her
unemployment benefits.
Last edited by Nychelp; 07-18-2019 at 10:47 PM..
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