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Downsized after 14 years, got severance, worked two weeks for new company, got fired.


(Tennessee)

Hi,

I worked for a company in Tennessee for 14 years and when I originally applied for UI I was disqualified for 14 weeks due to a severance agreement hey 4-8 weeks is a long time to wait for a UI decision anyways I did receive benefits and was told my case would have to be reopened in 14 wks.

Anyways, I continued looking for work and was hire at a new company, worked exactly 2 weeks they let me go stating that I could not perform my job duties.

I did get separation letter even though she never trained me and never allowed me to do anything, but file, which oddly, I completed one day before they fired me. (the place was weird they fired the person before me after one day after she was an official employee after she had been a temp for a year for them)

The lady at unemployment seemed to think they might deny me. She said it could go either way. I wanted to know what you thought.




Answer for: Downsized after 14 years, got severance, worked two weeks for new company, got fired.

Oh thank you, a question I can sink my biased teeth into.

Well, we can forget about the downsize after 14 years of steady employment helping you out .. it's irrelevant to the last separation from work which now controls the whole damn claim.

Attrition .. I use the word often because it means to grind something down and in the case of unemployment .. until even someone that should get benefits, screams Uncle and just runs for cover in the worst possible job they can get their hands on .. whether suitable work or not.

How is this last employer going to prove that your inability to perform the job up to their standards and expectation amounts to misconduct after only two weeks of employment .. which I presume, you were there everyday for in those two weeks .. so you could not receive any training so you could do your job to their expectations.

Lie? It wouldn't be the first time that worked for an employer .. or a claimant.

You still have 26 weeks of benefits to collect! Doesn't seem like much, but add it up over the long haul of a recession .. and you can bet there's not a UI trust, state or federal that hasn't cinched the belt to the last notch to keep things up .. and looking normal.

Who's yankin whose chain.

The reason the lady at unemployment said it could go either way?

Well, I could tell you some information I once received from a CA attorney who told me how UI depts will bend backwards to meet allow/deny quotas from DOLETA based upon different separation reason to meet program performance expectation metrics which controls the size of a state's operation grant, but that was just UI gossip and I don't know how to verify it as fact..

Or, I can tell you it will go either way if you the claimant doesn't know what or how to compel the agency's focus on an issue of law. More to the point, the definition for misconduct that requires an employer to meet the burden your discharge was for reasons rising up to meet that definition.

Attrition, saw it first used in a NY Times article to describe what my former employer does intentionally to help their employer clients win unemployment claims .. they only handle 30 percent of all claims filed in this country .. and that's just one cost control company.

The big one in your neck of the woods picking up their fair share of the market is Thomas and Thorgren.

If you are denied benefits .. come back and see me .. because it would be a determination worth fighting!!

I know hearing reps that enjoy making minced meat out of weird employers .. and I'm the cheap seat.

Chris

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