Brides Helping Brides ™ - Need help.... close to being fired- unemployment questions

butterfly20 Posted: Mar 31, 2005 08:06 PM

Need help.... close to being fired- unemployment questions

Well I know I havent been posting on here much since the wedding... things have been really crazy with my current job... it sounds like they are actually planning to fire me tomorow.... My question is how do i go about pursuing unemployment benefits? I have heard from people in the company that they really try to fight the unemployment claims... I have been at the company for 9 months... they first acknowledged a problem at the 7 month mark, at the 8 month mark we decided for me to apply for a different position with the company and they kept me working at the same position(but without new claims being added) while I applied for the other positions last month... I applied for two positions which they did not accept me for, then my boss had me apply for a position which was $12k less which I know they are going to tell me i am over qualified for.... how do i go about pursuing the unemplioyment? as my boss told me tomorow is the end of the line, and that they will let me know if they want me for the 12k less position or if its the end.... Even if i was offered the 12k less position I dont think i could take it as i would be overqualified, and the position has no advancement potential. --- as a side note let me add that I also think there is racial discrimination happening from my boss..

september2004 Posted: Mar 31, 2005 08:23 PM

Re: Need help.... close to being fired- unemployment questions

sorry to hear...

what 'just cause' do they claim to have?

shamrock12472 Posted: Mar 31, 2005 08:23 PM

Re: Need help.... close to being fired- unemployment questions

First, get a copy of your employee handbook. It should outline what the company needs to do in these situations...as far as diciplinary actions. Make sure they follow everything.

As far as unemployment, you apply if you are fired. They have the right to deny you but are going to have to prove gross misconduct or other fault on your part.

Good luck.

janet Posted: Mar 31, 2005 08:25 PM

Re: Need help.... close to being fired- unemployment questions

you need to find out where your local office is bring proof of you hire date and fire date along with id 2 forms i believe. also try to have at least 4 to 6 weeks of current paystubs! dh went though this a while ago and i think that is all he had to bring but you can also look it up under the nys.gov on the web! good luck sweetie!

JimmysBride Posted: Mar 31, 2005 08:27 PM

Re: Need help.... close to being fired- unemployment questions

Sorry to hear that!

cjb88 Posted: Mar 31, 2005 08:37 PM

Re: Need help.... close to being fired- unemployment questions

sorry to be the bearer of bad news, but you cannot get unnemployment benfits from the govt if you were fired... if that were true many people would try to get fired so they could get money to do nothing all day... you can get unemployment if you were laid off or excessed... I know this from true personal experience... i was laid off a couple of years ago and put in a claim for unemployment, so i know the whole system pretty well, as you are applying they tell you every which way that if you were fired you can't collect... I hope you are feeling better, Im so sorry for your situation! Im sure something better will come along!

butterfly20 Posted: Mar 31, 2005 08:37 PM

Re: Need help.... close to being fired- unemployment questions

I work in auto insurance claims- determining liability and such, they haver certain 'goals' for the month, i was not meeting them.. basically the whole department wasnt meeting them but everyone was putting in UNpaid overtime to try and keep up...

my supervisor spoke with me about this mid january, and said everyone was in the same boat- i did more over time like i was doing before, - she advised the # of new unhandled claims i had was grounds for termination, but since it was so busy in december/jan to do the best i could-

=spoke with me two weeks later - advised her that i had been doing over time and continued to and she said that i needed to improve more, asked her to be taken off receiving new files to work the current files i had, was advised she would, then the next day told me i couldnt and that everyone was int he same boat-- again advised me that #'s are grounds for termination

-- two weeks later- near end of febuary- tells me her boss wants to fire me, advised her i have been doing over time-(all unpaid on weeknights) she asks me if i can come in ont he weekend to do overtime*unpaid--- I then ask her if i can switch to a lesser position, take a pay cut -- and she insists that I can not- and tells that if i cant do this job that i cant think that i can just switch to a lowe position
--- that night worked til 1030- when i normally get out at 430-- came home very burned out... for the next two days she kept strongly criticing my work(as if she was setting me up for my termination).. I then went to another supp who told me that it shouldnt be a problem to switch to a lower position-

nov04LIbride Posted: Mar 31, 2005 08:37 PM

Re: Need help.... close to being fired- unemployment questions

I am a New York State employee and I know they have a year to fire you for no reason without paying unemployment. It's in the contract we all sign when offered employment. After a year you become eligible. Sorry and good luck!

butterfly20 Posted: Mar 31, 2005 08:39 PM

Re: Need help.... close to being fired- unemployment questions

so they advised me they would close me out from new claims and i would post for new positions- the new positions i know my supervisor sabotoged my chances of and i believe that she has been trying to get me to quit, and this past week trying to have me apply for a position that is 12k less ( 2/3rds of my current salary ) was just a joke of a week...

shamrock12472 Posted: Mar 31, 2005 08:41 PM

Re: Need help.... close to being fired- unemployment questions

If what you say is true, if you haven't already, keep a journal of all this overtime and your conversations. I know people who have been fired and received unemployment so I don't think that is an issue. I don't know any of the details about having to work a year and what not. I do believe that you include continuous work although it doesn't have to be for the same company.

cjb88 Posted: Mar 31, 2005 08:43 PM

Re: Need help.... close to being fired- unemployment questions

why do you want to stay at a job where they make you feel like this??? Can you find somewhere else wher eyou would be happier with what you are doing and who you are working with??

september2004 Posted: Mar 31, 2005 08:44 PM

Re: Need help.... close to being fired- unemployment questions

Posted by shamrock12472

If what you say is true, if you haven't already, keep a journal of all this overtime and your conversations. I know people who have been fired and received unemployment so I don't think that is an issue. I don't know any of the details about having to work a year and what not. I do believe that you include continuous work although it doesn't have to be for the same company.

this is what I think as well...

palebride Posted: Mar 31, 2005 08:48 PM

Re: Need help.... close to being fired- unemployment questions

i have no idea what to tell you - except that i think you should firght for unemployment and get out of tha tjob as soon as they'll fire you.
sounds like a miserable place to work, and it's just not worth it!

butterfly20 Posted: Mar 31, 2005 08:50 PM

Re: Need help.... close to being fired- unemployment questions

i know... and I have been sending my resume out to other companies and going on interviews for them... but my concern is that if i get fired I need to place an unemployment claim.. and i have heard from people in my company that my company fights alot of the claims... I do know people who have received unemployment and were working for less than a year...

butterfly20 Posted: Mar 31, 2005 08:51 PM

Re: Need help.... close to being fired- unemployment questions

Posted by shamrock12472

If what you say is true, if you haven't already, keep a journal of all this overtime and your conversations. I know people who have been fired and received unemployment so I don't think that is an issue. I don't know any of the details about having to work a year and what not. I do believe that you include continuous work although it doesn't have to be for the same company.

do i need to give a copy of the journal to human resources at my company and file a complaint? or is it too late and just use it to fight unemployment--

mrswask Posted: Mar 31, 2005 08:53 PM

Re: Need help.... close to being fired- unemployment questions

You mentioned racial discrimination before. If this a situation that you feel is one of racial discrimination, I would mention a lawyer to them - that should scare the heck out of them! And if you have to get one, get one!!

shamrock12472 Posted: Mar 31, 2005 08:53 PM

Re: Need help.... close to being fired- unemployment questions

Let them fight the claim. Have you considered going above your boss to talk to someone higher up in the company? Let them know you are being singled out and that you believe this all to be personal? I don't know what company you work for but most company's have very strict guidelines for employees they feel are not performing up to par. They usually have to have several discipliary actions on file that include a plan to help you perform better, written evaluations and written warnings.

shamrock12472 Posted: Mar 31, 2005 08:54 PM

Re: Need help.... close to being fired- unemployment questions

Posted by butterfly20

Posted by shamrock12472

If what you say is true, if you haven't already, keep a journal of all this overtime and your conversations. I know people who have been fired and received unemployment so I don't think that is an issue. I don't know any of the details about having to work a year and what not. I do believe that you include continuous work although it doesn't have to be for the same company.

do i need to give a copy of the journal to human resources at my company and file a complaint? or is it too late and just use it to fight unemployment--

No, just document your conversations and overtime. Should you have to go into arributation, this will help. Have you gone to human resources yet?

nferrandi Posted: Mar 31, 2005 09:29 PM

Re: Need help.... close to being fired- unemployment questions

I actually just left a job in the begining of February that I had been at for 4 years. They switched me from working days to working nights. I applied for another position within the company that I did not get. I gave two weeks notic and left. The company assured me that I would not be entitled to unemployment benefits.
I wound up applying for them online. They ask tons of qustions, on major deciding factor one being the reason you left your job. In that section give as many details as possible telling them how you tried to improe, you put in overtime, tried to find another position in the company, etc...
It will then be up to unemployment to make a final decision- that process can/will take up to 6 weeks. What they do in that time is talk to the company and they will also call you with any additional questions.
After my old job made such a stink about me not getting unemployment, the state granted it anyway. Of course there is no guarantee that you will get it, but it's certainly worth a try.