Have you ever hated a job so much you wished they fired you?? (unemployment, owner)
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I am pretty sure you can still get unemployment even if you are fired if you fight it. The problem is most people dont have the money to fight it and the amounts most people will get is not even worth the effort, however I think its worth looking for a pro bono lawyer who has a hard on for employers to not only go after the unemployment but go after significant punative damages. If the employee can document that the firing was trumped up and you can get just enough meat to go to jury trial the jury will eat the employer alive, it could turn into a 6 figure pay out as its highly likley the jury will hate the employer, no matter who it is.
I think its worth looking into, if you can set a precident then others can reference that case for future employment law.
The process to receive unemployment is longer when you are fired versus a layoff.
I am pretty sure you can still get unemployment even if you are fired if you fight it. The problem is most people dont have the money to fight it and the amounts most people will get is not even worth the effort, however I think its worth looking for a pro bono lawyer who has a hard on for employers to not only go after the unemployment but go after significant punative damages. If the employee can document that the firing was trumped up and you can get just enough meat to go to jury trial the jury will eat the employer alive, it could turn into a 6 figure pay out as its highly likley the jury will hate the employer, no matter who it is.
I think its worth looking into, if you can set a precident then others can reference that case for future employment law.
Those pro-bono lawyers are pretty hard to find. When I was looking for an employment lawyer, as an employee, almost every one I contacted only worked for employers. I had to settle for a sub-standard guy. I had every documentation possible but the EEOC rep told me that 95% of cases that go to court, go to the employer.
It may vary by state, but seems rather hopeless. In a state like CA, you'd have a better chance.
To the OP, I was in a similar situation. My company was downsizing and the writing was on the wall (golf course business in Myrtle Beach). I was able to hang in their long enough, got fired (downsized), got a nice severance, and was able to file for unemployment.
Eligibility for unemployment can vary by state and also by how the employer phrases the severance offer; My previous employer provided severance as a lump sum 401K contribution, this avoided taxes (unless you needed to spend the money right away) and allowed employees to immediately file for unemployment benefits.
If the payout had been phrased as "16 weeks salary", that might have meant waiting 16 weeks before filing for unemployment.
Quote:
Originally Posted by bande1102
Ultimately, HR laid me off, offered me a very generous severance in exchange for my silence, and even gave me a great letter of recommendation. One of the happiest days of my life.
I agree, in some situations it's worth holding out for a layoff and severance.
Eligibility for unemployment can vary by state and also by how the employer phrases the severance offer; My previous employer provided severance as a lump sum 401K contribution, this avoided taxes (unless you needed to spend the money right away) and allowed employees to immediately file for unemployment benefits.
If the payout had been phrased as "16 weeks salary", that might have meant waiting 16 weeks before filing for unemployment.
I agree, in some situations it's worth holding out for a layoff and severance.
Yes a layoff and possible severance not being fired.
Those pro-bono lawyers are pretty hard to find. When I was looking for an employment lawyer, as an employee, almost every one I contacted only worked for employers. I had to settle for a sub-standard guy. I had every documentation possible but the EEOC rep told me that 95% of cases that go to court, go to the employer.
It may vary by state, but seems rather hopeless. In a state like CA, you'd have a better chance.
That is really surprising that a jury would rule in favor of the employer, the only way I could see it is if this was a flegling small buisness with a hand full of employees. I cant imagine a jury rulling in favor of a medium to large buisness .. ever. I can gurentee at least half the juorers have been burned by at-will employment.
That is really surprising that a jury would rule in favor of the employer, the only way I could see it is if this was a flegling small buisness with a hand full of employees. I cant imagine a jury rulling in favor of a medium to large buisness .. ever. I can gurentee at least half the juorers have been burned by at-will employment.
I've never been in a state where they use a jury for unemployment cases. Usually an administrative law judge deciding the case, then you can go before a board of appeals if you or employer files an appeal.
I've never been in a state where they use a jury for unemployment cases. Usually an administrative law judge deciding the case, then you can go before a board of appeals if you or employer files an appeal.
It's a never ending process though because if the judge approves UC benefits then the employer can appeal that decision. If the employer appeal and the judge decision is reversed, then you can appeal again which is a waste of time. I always thought once the judge made the decision that it was final and UC benefits was awarded to the person filing. Never expected the employer to have the option to file that decision with the possibility of having to repay back the UC benefits if the employer wins. So it kind of makes the whole appealing thing involving unemployment benefits pointless.
I only had one job that I hated to the point I sometimes wished that they would sack me.
I was an HR manager in a large unionized automotive supplier. Well, it wasn't union until the plant manager had transferred in from the company's other location. When the hourly employees saw what an azzhat he was, they got agitated and decided enough was enough...and presto, the UAW!
This plant manager made the place miserable to work with. He deliberately agitated the union which made my job difficult. He frequently got in my face (physically) and threatened to fire me. I constantly had to pull him back from threatening others and causing the darn union from going on strike during a particularly nasty negotiation--caused of course by this plant manager.
I generally don't let work bother me outside of working hours and even during work, I don't get stressed. This job was an exception and I constantly felt uneasy and on edge even outside of work hours. I dreaded going into work every day and dealing with the awful plant manager.
He had given me a "hit list" of people that he wanted me to fire. I refused to do it since none of them had done anything to justify me firing them. He got right into my face again and I stood my ground and told him calmly to "get the f*ck out of my face". It was just me and him in my office. He screamed and lost his mind because someone had stood up to him, lol.
I knew that I was done there so I typed up an email all about him and his "hit list" and saved it in my drafts. It detailed the unethical quality decisions he had made, his behavior towards others, and so on. It was addressed to everyone in the company, including the board of directors. When I saw him coming to my office with the VP of operations I knew he was coming to walk me out so I sent the email. I argued with them a bit to keep them distracted long enough so that the email would have a chance to be read by as many people as possible and took my time gathering my stuff up
On my way out, I loudly talked about the hit list again, naming names.
About 2 months after I was let go, the plant manager was transferred to another location and was fired when he got physical with a union steward.
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Jury?
