Posted on 07/19/2006 by momalie2
Viewed: 516 times
I was "let go" 2 weeks ago on a fri. The morn of I was called into the office to discuss what kind of problems I was having with the new computer systems and how I felt things were going. I explained to them I felt overwhelmed and frustrated that it took me longer to do less work with this new system. That I felt I had too many bosses...If I did it John's way Kerry got upset and vice versa. They assured me they would try to get me some help and possibly more training so that I would feel more comfortable with the system.
At 3:40 that afternoon (I left at 4) they called me back into the office and said...As I am sure you are aware we have been having lots of meetings over the invoices and computer issues. After speaking with Phil ( the owner) we have decided that as of 4 today we are going to let you go. It's just not working out. I was soooo stunned! I didn't say anything! SO then the other woman said. You shouldn't be feeling this way about your work. Still stunned. Then the first boss says is there anything you want or need to say to us? I shook my head no. Still too shocked to speak. I got up cleared off my desk shut off my computer and walked out.
I filed for unemployment. now I get a letter from unemployment stating that there are questions concerning my discharge for misconduct at work...What the H#*@? I was never told about any misconduct or anything else. Can they do this? and how do I respond during my phone interview?
HELP PLEASE!
POST A COMMENTmomalie2(07/20/2006)
That's what I thought. I have nothing in my file. never had an evaluation or any disciplinary actions. So I am unsure why they are saying this...
Loves 2 Run(07/20/2006)
They will have to "prove" they had misconduct issues. You can relax. Simply repeat word for word what you were told "things weren't working out" as the reason for your termination. Somebody tried that with me once. It doesn't work. Good luck. The stinkers will have to pay your unemployment!!! They don't like that. They're hoping you'll give up.
just me(07/20/2006)
I think you should speak to an employment law attorney right away. Maybe find one who will give you an initial consultation for free so that you know whether or not you have a solid case. At the very least he or she will be able to explain your rights. Does anybody know if the unemployment office offers any legal services or references?
avid reader(07/20/2006)
Hi Momalie, what state do you live in? I found a site out there for Washington. It looks like a firm that helps people in your situation who have been denied unemployment benefits. This site may not be applicable to you, but it may help you get the ball rolling in your mind http://unemploymentlawproject.org/faqs.html
Sherry(07/20/2006)
Hi Momalie, I wish I had information for you, but I just wanted to tell you good luck and I am sorry you lost your job in such a nasty way.
Midwesterner(07/20/2006)
And I found this site http://employeeissues.com/unemployment_laws.htm The second part of this quote from that website was very encouraging for your situation: "Unemployment laws generally grant employers the right to dispute unemployment benefit claims. State unemployment offices might initially deny benefits to employees based on employer disputes. But, on the flip side, unemployment laws also generally grant employees the right to appeal denials of benefits." BEST OF LUCK!
HaveADamnNiceDay(07/20/2006)
Also remember that what they are saying to the unemployment people is libel. THat sort of thing can get them into trouble, since they are defaming your professional reputation. Do a google search on your state's laws concerning slander. That might also help you if they keep insisting on lying about you.
C - -(07/21/2006)
Go ahead and file for unemployment benefits. Some employers try to discourage this any way they can. One even threatened to file charges against me(?) Most complaints are bogus, just be careful how you word your answers to the questions the DES - office will gives you. It can be tricky. Have somebody with legal experience come with you. The interview can get very emotional. You may also be allowed to take the questionnaire with you. Then you can take it to a legal office if you need help.
Jimbo(07/21/2006)
Definitely go ahead and file, they have to prove everything, and your acknowlegement if you received any kind of disciplinary action - which you did not, so they are in a fix if they try to block your unemployment. I also had a similar situation - as a scapegoat, and I found a job a month later, so I did not do too bad. The place I was asked to leave - upper management were idiots. They were all fired eventually.
Dharmadee(07/23/2006)
Do not let them bully you. They need more than that to deny you unemployment. It is obvious that this is a mean and nasty company who thinks that they can say or do anything, and no one will call them out. Simply deny that there was any misconduct on your part, and let them try to come up with proof. Your benefits might be delayed during the investigation, but it should work out in your favor. If they never gave you any written warnings that you signed, they will not be able to prove anything. Hopefully they would not try to fake your signature! Stay calm, and don't let them rattle you - that is what they are counting on.
momalie2(08/07/2006)
Thanks everyone for the great suggestions. Fortunately I made it through the intial interview and am receiving my unemployment. They have of course 30 days to dispute but have been told by another ex-employee ( did him about the same way a week ago) that they don't plan to fight my unemployment. What is wrong with these companies today? I am almost afraid to look for another job. How do I know if the potential employer is going to be a good one? This SUCKS!!
FEAR(09/13/2006)
companies small and large suck! I worked as a cook at a restuarant for about 9 months. I got along with everyone there 'cept the kitchen manager who was a prick and a horndog (he'd rather flirt with 16 year old girls then work). One week I was left off the schedule (which there ment that you were canned). I promptly walked to the UE office and filed. The next night I see the jerk at a bar and he says he just forgot to put me on the schedule (which I know was BS because one waiter told me he was gonna can me). He told me I'd be sorry if I ever did it again. I told him to "F off" and told the owner and he said everything was o.k. I still quit a few weeks later. This places will try their best to even keep you from filing for UE. WAY TO GO!!
twiz (07/20/2006)
I'm not sure, but I thought they needed to have some sort of misconduct on file to prove you were fired instead of layed off. I would talk to an attorney. Sounds like they are trying to scam out of paying unemployment.
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