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boroguy0987 · May 2, 2007, 11:27 AM

I was fired from one of the big home improvement retailers. Reason they gave me was I was heard off duty saying something wrong about the company and manager? Can I get unemployment in the state of Tn? I know there first answer will be no but I want to know how to get it. Ive never been on unemployment and wasn't planning on it either. There are too many people out there that use the system. I just want to get back on my feet!

ScottGem · May 2, 2007, 11:33 AM

Go to the unemployment office and file. If you are denied, then see if you can appeal.

Emland · May 2, 2007, 11:38 AM

Scottgem has got it right. File and see if they fight it.

In Virginia, insubordination is considered cause for dismissal and as such would not allow you to collect unemployment benefits. However, it would be very difficult for them to prove unless you made a big scene in front of a lot of people and they may not bother fighting you or appealing the decision if the commissioner allows the claim.

J_9 · May 2, 2007, 11:42 AM

File, there is no harm in that. However, I have 2 friends who worked for one of these companies and that particular company fought tooth and nail against the unemployment. The guys did not get the unemployment, but did file a wrongful termination lawsuit against the company. (We are in TN too BTW)

Go ahead and file, if you get it great!!!!!

Goo

Emland · May 2, 2007, 11:44 AM

The company I work for has never had a successful unemployment claim made. We fight them like crazy. The main reason is that we never fire anyone unless we have just cause and can prove it.

boroguy0987 · May 2, 2007, 12:02 PM

Basically its my word against theirs. Basically Emland your company just watches people till they mess up and give you a reason to fire them so they don't have to pay. Looks like the State would look at the whole picture and see that the employer gave a lame excuse and just fired them for the bottom line. They had two guys in training that between both of them made about $1.50 more than what I made! Isn't two better than one if you get another for a buck fifty? They made up an excuse just so they didn't have to pay and so does your company! Thanks for your comments though we both know that HR's are there to keep from paying unemployment, works comp. all other issues that some people deserve to get but don't because the HR knows ways around it!

Emland · May 2, 2007, 12:12 PM

Originally Posted by boroguy0987

Basically its my word against theirs. Basically Emland your company just watches people till they mess up and give you a reason to fire them so they dont have to pay.

The company I work for has been in business for 27 years and currently has about 35 employees.

We have had less than 10 unemployment claim attempts in the last 17 years I have been here.

We only fire someone if they 1.) steal (that accounts for over half the firings) 2.) Fail to show up for work - repeatedly 3.) Cuss out the owner (that's happened 2 times)

The tax expense for unemployment is outrageous for small business, we only fire if we have to, plus the cost of training someone new is horrendous. We prefer to keep people unless they clearly have no wish to be here.

boroguy0987 · May 2, 2007, 12:19 PM

I agree small bus. Are totally different. They actually care about the employees. Big bus. Is about the bottom line (money)

Fr_Chuck · May 2, 2007, 01:19 PM

Actually you have no idea what the first answer will be. What you do is file, you can even file online if you want to. And unless you did something wrong of course you will get unemployment, expect it to take about 4 weeks to get your first check, if they contest you can appeal and have a hearing

Emland · May 2, 2007, 01:22 PM

I will give you this warning. If you file and are awarded benefits then later if it is appealed by the company and they win, you will be expected to pay all the benefits received to date back to the state.

Just make sure your case is solid.

melmalah · Sep 4, 2010, 12:47 AM

Wrong the first answer is automatically denied unless your employer gives you paperwork stating you were laid off for lack of work, etc... and not terminated.

melmalah · Sep 4, 2010, 12:49 AM

And remember if the company is giving to the politician they will always almost side with the employer or find away for you not to get your mail or drag it out till you pretty much give up.

melmalah · Sep 4, 2010, 12:51 AM

Exactly, that is why I do not understand the greed behind big business. I have owned three companies and your unemployment premium barely goes up on your insurance unless it is a mass layoff. And the expenditure associated with training is more