View Full Version : Unemployment appeals phone hearing, employer did not answer.
Teresa Willocks
Sep 20, 2013, 07:20 AM
If I had not answered as scheduled to this hearing, I would automatically be denied. Me employer claimed I quit, I had to leave early because I was very ill, my employer never asked why I was leaving. My supervoser was yelling at me and I went home sick with every intention of returning to work the next schuduled day. My boss gave me a separation notice saying I quit/walked out... I did not.
N0help4u
Sep 20, 2013, 07:23 AM
IF you have anything from a dr that can help your case. I would tell them if I wasn't fired then I am ready, willing and able to come back to work. There really isn't much you can do if you live in an at-will work state. Its basically his word against yours and the fact that you left before they gave approval to leave
Teresa Willocks
Sep 20, 2013, 07:29 AM
My employer was given paperwork by me after I had a stroke, explaining I had limitations. He threw all my documents back at me and never filed it in my emlpoyee file. The amount of hostility in my work place caused me to get ill that evening. My employer was aware I was ill. I did not quit. I feel as though I was discriminated against because of my illness.
N0help4u
Sep 20, 2013, 07:45 AM
They can use your inability to do the job as reason without it being discrimination. Employers have to look at it as cost effectiveness. If you can't do the job, they will find a way to let you go. For example someone that's been at a job 6 years, then has an accident causing them to be in a wheel chair the rest of their life. If the persons job was one that they had to be fully mobile then the company sees that you can not do your job efficiently. It is their option to find you a different job you can do OR let you go if your illness is interfering.
Again if you are in an at-will state they are allowed to fire you because they suddenly decided they do not like hazel eyed people. You can sue but the boss can make up some more legitimate reason for letting you go. Basically their company -their rules. All you can do is try your best to get your unemployment, but it could go either way
Teresa Willocks
Sep 20, 2013, 07:57 AM
Yes I understand this, I was able to perform my job, I was very sick that evening, the man in charge of the kitchen was screaming at us and the owner just stood their. I told the owner people do not deserve to be treated with such disrespect, he agreed but said nothing. I was sick at my stomach and very upset.. How can this be looked at as quiting, this is the point, I did not quit and he lied about that fact.. I am a single mother and need unemployment until I find a job.. how can I acquire an atturney if I am denied my rightful benefits.. this is a hardship emotionly and almost homeless due to his saying I quit, and WHY is it that if I had not attended the hearing I would be denied but could possibly be denied when he did not attend. I fail to see anything right about this.. Do I have no rites?
Teresa Willocks
Sep 20, 2013, 08:46 AM
I was able to perform my duties, however, I got very ill and I told employer I was done, without a chance of explaining my supervisor went on a rampage and I was in fear of him, due to the things he had said in tbe past. This man has been in prison most of his life and brags about aweful things. He has threatened others in front of me and called me obcene names. When he went off I simply went home since the owner just stood by and my employer knew I did not quit, however he gave me a separation slip stating I quit.. I DID NOT.
N0help4u
Sep 20, 2013, 08:53 AM
Site does not like you starting new,posts on same topic. All you can do is try to fight for your unemployment and keep appealing.
joypulv
Sep 20, 2013, 09:06 AM
1. There is no job discrimination for an illness unless you are HIRED at the beginning with the employer's full knowledge of your limitations, and they have to fit ADA definitions of disability. Any illness or injury can be cause for termination, regardless of doctor's notes. The only exception is written company policy, which some big companies and most public service jobs have, or jobs represented by some unions.
2. You said 'I'm done' and went home. That can be construed as quitting. It really doesn't matter. Quitting or being fired are generally handled the same way by unemployment. UI is for layoffs. There are exceptions but I don't think you are going to fit any of them. An exception might be something like being told you have to move to a new location, or have to do different duties, or have to accept more or fewer hours.
You aren't going to collect UI.
You are free to say you are very ill and to walk out, and the employer is free to either fire you or consider that notice. You might be able to haggle over how you were really fired, but it's moot.
Kitchen managers/top chefs are often strict and are known for yelling. It's a fast paced, demanding job, not good for someone who had a stroke. I feel bad but you need to try to find a quieter job.
Teresa Willocks
Sep 20, 2013, 09:14 AM
What is the law about an employer telling a lie, on a separation notice that I quit/walked out.. I have done everything and been on time with all rules with fuleing unemployment, having waited 13 weeks before my apeals hearing, was on time and employer did not comply and answer as he was informed. I need help and have no income, not only did my boss let me go saying I quit, he alsi laid my 16 year old son off so there is no oncome
joypulv
Sep 20, 2013, 09:27 AM
He is probably going to win saying you quit, because there was such a gray area of you getting upset and saying you were 'done.' But as I said, you wouldn't get UI even if he fired you!
He is allowed to respond to the UI request by phone. Employer response is going to be short anyway, because you weren't laid off. Your reasons for filing for UI were not acceptable. I gave examples of acceptable ones. I'm sorry you were under the impression that filing and waiting 13 weeks would mean you get benefits.
If your son was laid off, he could have applied, but I'll bet he doesn't have enough work history to collect?
Again, I am sorry. This is the way it is. What have you both been doing for 13 weeks? Can you get McD's, anything? Telephone rep for you, so you can sit down?
N0help4u
Sep 20, 2013, 09:28 AM
There are no laws about an employer lying as it is your word against theirs. It sounds to me like they were looking for an excuse to let you go and you handed it to them by saying I'm done. Of course they didn't want to hear you explain anything so they could hold you to what they saw and heard you do. Again if you live in an at will state they can let you go for absolutely no reason and no unemployment.
Teresa Willocks
Sep 20, 2013, 09:30 AM
O.K. so by your response I guess I will not grt unemployment.. I will apeal as many times as I can, there are many othervissues with this place of work. I know women have a right to work treated with respect. This nan has made sexual advancements and I have addressed the owner who simply said"he does not know anyy better because he is an exconvict.. A sex affender registered in the stateof Florida and Tennessee... HOW IS IT POSSIBLE FOR ME TO LOOSE MY JOB OVER A HORRIBLE MAN TO WORK FOR?
N0help4u
Sep 20, 2013, 09:35 AM
How is it possible? He owns the business, he runs the business. You could turn him into proper authorities, but at this point it would look like you are doing it for revenge unless you can get enough people there to come against him for sexual harassment.
Teresa Willocks
Sep 20, 2013, 09:35 AM
And yes I have been looking for work, anything and still nothing, perhaps there is no hope for me. Thank you for your time. Have been getting help from friends and family. That is what I have been surviving on.. I just do not understand how an employer does not have to follow rules and attend hearings... Have a great day.
Teresa Willocks
Sep 20, 2013, 09:38 AM
Nohelp4 u... I feel hopeless.
joypulv
Sep 20, 2013, 01:26 PM
It isn't a case of 'he owns the business.' It's a case of you don't have a case under the terms of UI.
And it's too late for sexual harassment.
He doesn't have to be present for the hearing because it's YOUR hearing so the burden was on you to have one. All he has to do is respond to your charges of how being fired make you eligible for benefits, and they DON'T, so he can just 'be there' on the phone - the UI rep already knew your reasons weren't eligible.
You are wasting energy going through any more appeals.
You just aren't getting it.
It's almost as if this is your first or second job... many of us have had horrible bosses, and it doesn't mean we get unemployment when we are fired. It's meaningless to say 'I'm sick and will be back tomorrow.' That gets you nothing. You were essentially fired. And the employer had the right to fire you.