shrinkmaster
Well-Known Member
If your employer offers you your job back and you decline I can see your unemployment benefits ceasing
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- Thread Starter EndOfStory
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cbg
Super Moderator
The unemployment commission does not find you "not at fault". What they determine is whether or not the employer made a compelling enough case for you to be denied benefits. That is a very different thing than finding you not to be at fault.
The vast majority of those receiving unemployment were terminated legally. In fact, if you were terminated, the default is that you get benefits so it isn't at all a reflection of any impropriety by your employer or justification of your actions. If this is the 4th time you have been fired in just a few years, you are on borrowed time. The union isn't going to go to bat for you forever and if they are saying this is it, I'd believe them. Contrary to popular belief, unions aren't all that interested in repeatedly fighting to retain a bad employee. It reflects poorly on them and threatens whatever good will they have and need in negotiating with the employer. The fact that you have so many infractions and the other guy doesn't is an entirely legal and well justified reason to treat you differently.
army judge
Super Moderator
You can't handicap any legal or administrative ruling.
If you do decide to return to duty, should it be offered to you, I'll only repeat what a wise priest once told me: "Go forth and sin no more, my son."
As my grandfather (a dairy farmer his entire adult life, except when he went to serve in WWI) often told me, "Boy, always walk the straight and narrow like a tightrope walker does the highwire. Each step forward is a right step in life."
EndOfStory
Member
Well that's not entirely true if I have a good reason not to return to a job that I been harassed at for the past 5 yrs and have it on record with the dept of labor as well as human resources because of reporting a manager for making a racist comment to a black woman and instead of them firing the manager they instead start harassing me ever since I made a statement on the woman's behalf. She probably sued the Company and settled out of court and then they took it out on me. That would be good enough reason for me not wanting to return to my job. But I also invested 25 yrs doing something I truly enjoy. Customers always tell me am so helpful and always tell the managers I work for but they also controlled by the top man in the company who is behind the harassment. I have employees and other managers who have told me they have been told to make my job imposable to do. One little thing I do can turn into another unemployment claim. They never appeal the unemployment because they don't want the judge to deny them and write what his decision is based on. They did appeal and show up for the first one and the judge ruled in my favor and said they had no reason to justify them suspended me never mind seek termination the other 2 times they appealed but never showed up at the hearing. This time they are mad I applied for unemployment they wanted me to withdraw it and repay them back. Not gonna happen. I return to work Monday and hopefully am treated like everyone else but I no that wont happen. In the meantime I will take courses to get a degree. My union will pay for all the costs of enrolling so that's what am gonna do. Hopefully I can leave on my terms and not there false stories. I will take your advice Judge and will walk a straight line as possible. You a good man and I appreciate being able to seek your advice. Thanks again
army judge
Super Moderator
Most of us had to make a choice, to go straight or dance in the moonlight with the devil.
Thank God my parents tolerated no nonsense, otherwise who knows where I'd be today.
Anytime I've thought about dancing with the devil, I'd see pop and mom.
I'd hear their voices.
In 9th grade civics class, our entire class spent one night in the county jail.
It was a filthy, malodorous place.
They kept us segregated from the real "cons", but it remains the worst night of my life.
Buddy, it was far worse than four years in Nam.
That has been another reason I've avoided that dance in the moonlight.
Plus, you made a promise once to someone didn't you?
Time for you to make good on that promise, buddy.
If you turn down work, 99% of the time your unemployment will be cut off. "Harassment" as you describe would not be a good reason. It is the very rare exception and only for the most extreme of cases where turning down work won't cause your benefits to be cut off. You seem to think it is simply a matter of saying you have a good reason not to want to go back and the state will rule in your favor. Not so.
No employer is "afraid" of appealing a claim. Once again, the state does not care one bit whether the employer had a good reason or a bad reason for letting you go. The ONLY thing they care about and the ONLY thing they are adjudicating, is whether or not the reason you are no longer employed is due to one of the few reasons that would disqualify you for benefits. The vast majority of those terminated entirely justifiably and for legal and sound reason still do qualify for benefits. Most employers don't appeal simply because it is a waste of time to do so, not because they "fear" losing the appeal. Getting benefits also has nothing at all to do with how justified your employer was in terminating you. That isn't the issue even being adjudicated. Getting benefits just means that you were terminated for a reason that did not specifically disqualify you from receiving benefits under your state's laws.
No employer is "afraid" of appealing a claim. Once again, the state does not care one bit whether the employer had a good reason or a bad reason for letting you go. The ONLY thing they care about and the ONLY thing they are adjudicating, is whether or not the reason you are no longer employed is due to one of the few reasons that would disqualify you for benefits. The vast majority of those terminated entirely justifiably and for legal and sound reason still do qualify for benefits. Most employers don't appeal simply because it is a waste of time to do so, not because they "fear" losing the appeal. Getting benefits also has nothing at all to do with how justified your employer was in terminating you. That isn't the issue even being adjudicated. Getting benefits just means that you were terminated for a reason that did not specifically disqualify you from receiving benefits under your state's laws.
army judge
Super Moderator
Thank you for the clear, succinct explanation of how states tend to adjudicate unemployment claims.
Employees and some employers, often fail to understand the process, as each have their own agendas.
I can only add that the uninformed employers, more than likely the misinformed employers tend to be "mom and pop types", rather than Fortune 1,000 types.
EndOfStory
Member
Well I thought I said they appealed all my prior unemployment? But they never showed up at the past 2 they did appear at the first hearing but they didn't like what the judge wrote in his decision. He stated not only was there no Just cause to terminate me but also said there wasn't even a reason for the suspension. When your accused of doing something the accuser should at least have his facts right. To accuse me of stealing time and having it on a list of times I wasn't accounted for goes out the window when the first time on the list was the manager asking me to leve the store to ask another employee if he wanted to punch in earlier then his normal shift. The human resource manager asked me where I was at 12:15 pm and they had the video of me leaving the store. I chuckled and said why don't you ask him. pointing to my store manager who wrote down the time I left the store . The manager didn't lie because he knew the employee I went and asked would had said yes I did ask him. So I said I think were done here. Do you think anyone would had believed the rest of his times on the sheet of paper? And btw the manager is know longer working for our company. Not for that reason but his job more or less was to "GET ME" well he failed so I guess he got the taste of his own medicine after that mistake. And to be accused of something I didn't do and can prove it easily along with other prior cases. But you know what? I came to an agreement with my company to leave with a agreed upon amount of money. I had 10 yrs left to retire so we spilt the difference I got 5 yrs salary and they don't have to take a chance of losing a lawsuit, trust me I don't write everything on here just enough to get some advice. It has worked well for me and some people help others just think it can never happen to an employee. I didn't get my job back 4 times because I was always at fault. It wasn't in there best interest to fire me when I held the bullets. now am gonna take some of the money and do what I always wanted to. even if ill only be able to do it for 10 yrs. I know am gonna get a backlash for my rant but hey its my post
I just hope know one has to experience what is clearly harassment. To me its no different that someone being sexually harassed at work. Maybe worse in my case because the harasser can get others to harass me while being sexually harass is usually just one person harassing someone. End of story. Thanks Judge sorry about the ending but I do thank you for being non judgmental and offering advice and guidance....For the benefit of anyone else who happens to read this thread, there is no lawsuit here. Not even close. If the employer chose to buy you off to make you go away and "buy peace", they certainly could do so, but that was just because they were tired of dealing with you and your antics, not because they were afraid of a lawsuit, or losing an UC appeal, or terminated you illegally.
cbg
Super Moderator
And that, I think, is that.
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