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Boss said I quit, I say I was fired..all over a text message.

by Susan
(Richmond, KY)

Someone else sent a text in the 3rd person from my phone that said "Susan quits as of now" to my boss. This was late on a Friday night. The next morning I realized what happened. I sent a text saying I did NOT send the text. I had planned on being at work Monday morning but got a text asking for a meeting at start time at a local coffee shop. When I showed up I was told my network access was revoked and was asked for the keys to the office back. My boss has known me for many years and has all my contact info. I think she used this as an excuse to let me go due to a decline in business. I filed for unemployment, she filed an appeal. I was granted unemployment. Based on the determination she filled another appeal. There will be a hearing for this appeal. She claims I quit. I did not quit! There is only the boss and I in the office.

What kind of proof can I provide? It is a she said, she said situation! This is the state of KY.

Hi Susan,

No it's not, a she said/she said, or at least it shouldn't be a she said/she said situation.

Did you not save both the text messages sent from your phone?

Do you not know who sent the text message from your phone late on a Friday night? Will they not testify on your behalf that they are a stupid idiot to have done such a thing?

Did you not again explain at this "meeting", the text message you sent to your employer early Saturday morning claiming you did not send the previous message?

Come on, help me out here. Tell me what the determination allowing benefits states as the reason for separation .. quit or fired? Is the story you have given me the same as the one you gave the unemployment department?

What does your former employer's appeal letter say?

When there is disparity and/or confusion as to exactly who is the moving party .. it is the hearing officer job to determine who did what last.

And then they can move on to whether the actions of the moving party were reasonable under the circumstances be it a quit or a discharge.

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Dec 14, 2010
saved the texts!
by: Anonymous

Yes I saved the texts on phone. The idiot was my Husband. No excuse.. Yes he can and will testify that he sent the text and I did not know or OK. Yes I did tell Boss again at Monday meeting I did not send this text. She told UID that she got a text stating I did NOT send text prior to Monday meeting.
Findings:The Evidence of record shows the employer initiated the seperation of employment after receiving a text message from the claimants cell phone indicating she was quitting, upon confrimation the employer was informed the text was not sent by claimant and claimant did not wish to discontinue employment. However, employer did not reinstate claimant to original working conitions. RULING: Claimant is allowed benefits based on this determination. Thoughts?? Thanks!

The decision should remain the same.. Make sure you submit the saved text messages as evidence .. in case the employer tries to back out of what she told the UI dept about learning that you did not send the message with the second text.

This is not what I would call a discharge for work related misconduct by an employee, but for misconduct committed by a dumb ass not in her employ .. and from the sound of it, not under your control at that moment in time.

The texts along with anything from the state file that you might also want to submit (I forget what state so look at your hearing instructions)and your testimony and whatshisname should do the trick and it wouldn't hurt to have some questions formed to ask your former employer on cross examination that point out she not only knew on Saturday what did in fact happen, but again on Monday morning that you did not quit your job, but chose to fire you because of what your husband did.

Thank goodness you texted her on Saturday morning to try to clear this up.

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