I posted yesterday for help on this matter but nobody replied. Maybe this is a bit clearer. Can somebody please give me some advice what to do now?
Ended employment at ????????
I started work on March 3rd 2008 with ???????. I was hired on a 6 month trial basis as a executive sales rep. 4 weeks into the job, I got just 1 sale. Knowing the job was temporary and sales weren't coming in, I kept my resume online with the job search. I received a phone call in early April from a trucking company. They mentioned they saw my resume and asked that I come and fill out an application. I did so and was pretty confident I would get the job. I wrote a resignation letter to ????? just in case it was factual.
When I called the trucking company to check on my application, they asked that I come into a interview in 2 weeks. I went to the interview on april 16th during my lunch hour. When I went to the interview, I spoke with the hiring manager who told me that they wont be doing any hiring or making any decision till the end of May and that I should check back then.
On April 28th around 9 am on Monday morning, the owner of the company ????? called me in his office to discuss my job performance. He told me that the sales were way down so far that he could no longer afford to pay me my salary. So he was forced to take me off salary, but kept the commission basis open. (knowing there is no money coming in, I would not see a dime working commission only ,I declined to stay in that situation because if I were to say yes, if I was lucky and got any sales, I would not be paid any commission for a period of 90 days per customer thereafter. (The clients have to stay a member for that long in order for me to get paid anything). Commission only structure pay amount was not discussed. I feel I was being forced to quit. Even though I never actually said I quit, he asked that I give him a letter that I was leaving his company. Without thought, I told him that I had a letter that I written in the beginning of the month when I thought I got another job. He asked to see it. I showed him the letter and he said it was good enough to just sign it. Without thinking again, I signed the letter because I didn't think it would cause any harm. He then made up a fake gas log for me to cover tax expenses on my pay. He wrote out that I had over 130,000 miles on my vehicle. I told him that I only had over 122,000 miles, so he changed it to make it look better. I never drove all those miles he claimed. I felt uneasy about the log because I would just rather have taxes deducted from my checks especially because I am suffering problems with IRS as it is.
Leaving ??????, I assumed I was laid off/fired. I reopened my UI claim that i had with another company and then received a letter in the mail informing me that I had a phone interview scheduled with EDD on May 15th from 1-3 pm. When I spoke with EDD, they said I needed to provide proof that what I claimed to them was true. They said they received a copy of the resignation letter I wrote. I was upset because that letter was not meant to back him up when I left. It was only a convenience for him because I already had a letter written when he let me go.
I called ????? and asked that he fax details that I did work up till the 28th and that my job was either temporary or he did let me go because he could not afford to keep me. He denied firing me. He said he was afraid to tell EDD that he could not afford to keep me because he was worried about his company because he still had others working for him because he felt it would not make him look good. So I asked him then why doesn't he admit to them the truth that the job was temporary. I mentioned to him that I never quit and mentioned that he never fired me. After going over in discussion, he finally agreed on faxing EDD proof that my job was only temporary and that I worked up till 4/28/08. He faxed it on May 18th.
When I called EDD to confirm they received his fax, they said that they also contacted him via phone and that ????? had a very different side of the story then what actually happened. I was informed that I will get denied my benefits because of it.
I have mixed feelings about this because he is claiming my sales performance was very poor, he could not afford to keep me, and there was no money coming in, yet he wanted to recruit me to be a independent contractor for which I declined. He took me off payroll, so I feel I was either laid off or fired! I don't think its fair that he could let employees go and then tell them they could sell his product outside the box if they wanted to avoid not working at all. He should not have given my letter to EDD because it was not for that reason and he knew that!
I know I will have to appeal the decision like i once did with the other company i worked for, but I am concerned that because of that previous issue, this may have an impact on my appeal. Any advice? Please help ASAP. Thank you.
Ended employment at ????????
I started work on March 3rd 2008 with ???????. I was hired on a 6 month trial basis as a executive sales rep. 4 weeks into the job, I got just 1 sale. Knowing the job was temporary and sales weren't coming in, I kept my resume online with the job search. I received a phone call in early April from a trucking company. They mentioned they saw my resume and asked that I come and fill out an application. I did so and was pretty confident I would get the job. I wrote a resignation letter to ????? just in case it was factual.
When I called the trucking company to check on my application, they asked that I come into a interview in 2 weeks. I went to the interview on april 16th during my lunch hour. When I went to the interview, I spoke with the hiring manager who told me that they wont be doing any hiring or making any decision till the end of May and that I should check back then.
On April 28th around 9 am on Monday morning, the owner of the company ????? called me in his office to discuss my job performance. He told me that the sales were way down so far that he could no longer afford to pay me my salary. So he was forced to take me off salary, but kept the commission basis open. (knowing there is no money coming in, I would not see a dime working commission only ,I declined to stay in that situation because if I were to say yes, if I was lucky and got any sales, I would not be paid any commission for a period of 90 days per customer thereafter. (The clients have to stay a member for that long in order for me to get paid anything). Commission only structure pay amount was not discussed. I feel I was being forced to quit. Even though I never actually said I quit, he asked that I give him a letter that I was leaving his company. Without thought, I told him that I had a letter that I written in the beginning of the month when I thought I got another job. He asked to see it. I showed him the letter and he said it was good enough to just sign it. Without thinking again, I signed the letter because I didn't think it would cause any harm. He then made up a fake gas log for me to cover tax expenses on my pay. He wrote out that I had over 130,000 miles on my vehicle. I told him that I only had over 122,000 miles, so he changed it to make it look better. I never drove all those miles he claimed. I felt uneasy about the log because I would just rather have taxes deducted from my checks especially because I am suffering problems with IRS as it is.
Leaving ??????, I assumed I was laid off/fired. I reopened my UI claim that i had with another company and then received a letter in the mail informing me that I had a phone interview scheduled with EDD on May 15th from 1-3 pm. When I spoke with EDD, they said I needed to provide proof that what I claimed to them was true. They said they received a copy of the resignation letter I wrote. I was upset because that letter was not meant to back him up when I left. It was only a convenience for him because I already had a letter written when he let me go.
I called ????? and asked that he fax details that I did work up till the 28th and that my job was either temporary or he did let me go because he could not afford to keep me. He denied firing me. He said he was afraid to tell EDD that he could not afford to keep me because he was worried about his company because he still had others working for him because he felt it would not make him look good. So I asked him then why doesn't he admit to them the truth that the job was temporary. I mentioned to him that I never quit and mentioned that he never fired me. After going over in discussion, he finally agreed on faxing EDD proof that my job was only temporary and that I worked up till 4/28/08. He faxed it on May 18th.
When I called EDD to confirm they received his fax, they said that they also contacted him via phone and that ????? had a very different side of the story then what actually happened. I was informed that I will get denied my benefits because of it.
I have mixed feelings about this because he is claiming my sales performance was very poor, he could not afford to keep me, and there was no money coming in, yet he wanted to recruit me to be a independent contractor for which I declined. He took me off payroll, so I feel I was either laid off or fired! I don't think its fair that he could let employees go and then tell them they could sell his product outside the box if they wanted to avoid not working at all. He should not have given my letter to EDD because it was not for that reason and he knew that!
I know I will have to appeal the decision like i once did with the other company i worked for, but I am concerned that because of that previous issue, this may have an impact on my appeal. Any advice? Please help ASAP. Thank you.
