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Can you get unemployment if you quit one (part-time)job while still holding your full time job?

by Sarah P.
(Milwaukee, WI)

I've worked for restaurant in Milwaukee WI for over 6 years. On Nov. 29th the restaurant closed after giving us 4 days notice. We were informed we were all eligible for unemployment.


About 3 months ago I got another job at a different restaurant as an extra source of income. I worked less then 15 hours a week and made less then $100 a week. I worked there for almost a month until the manager accused me of stealing money off of a table that walked out on their bill. He had no proof but because I was their server he said I was responsible for the $60 bill and made it clear to everyone that he believed I stole the money. I've been a server for over 8 years and I've never been accused of such a thing or so embarrassed.

Needless to say, I didn't come in the next day and quit. I didn't want to work with someone who would constantly be watching me like I was a criminal, and it was embarrassing just to be there.

I never quit my other job, and continued to work there. I got one Unemployment check and then my check was held due to eligibility questions because the manager that accused me of stealing sent a letter contesting my unemployment.

My question is why would he even be paying my unemployment if I worked at tumbleweed for 6 years without quitting and they are the ones who closed. Is there any way I can fight this? Thanks.


Hi Sarah,

Okay, the last employment is the deciding employment. You quit this job AFTER you were laid off, therefore, it is the separation that decides the whole shebang.

You will probably need to appeal the determination that you received. This will create a hearing for the separation from the part-time job you quit due to the fact that your employer accused you of stealing and then proceeded to tell everyone else. If you were not guilty, I'd say you had good cause to quit. Who, in their right mind would continue to work for an idiot who accuses them of stealing and then blabs about it to their co-workers...especially without solid proof, thereby damaging your reputation as a honest hard working individual. My opinion is that a "reasonable" person would not.

Wisconsin is a very claimant friendly state. Make sure you appeal the determination and go to the hearing and tell your side. The employer will need to show up and tell his side too. The judge will make the decision about who is telling the truth.

Chris

Comments for Can you get unemployment if you quit one (part-time)job while still holding your full time job?

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Dec 21, 2008
question
by: Sarah

So if **edited ER name**(the job i've had for the last six years) was my last place of employment(it was, I quit B**** the beginning of oct. and worked at T********* until Nov.29th) wouldn't they be the ones to decide my unemployment?


Did you tell the state about the job you quit?

Because quite frankly it's not making any sense unless the state issued a determination denying you benefits.

Did they?

Dec 23, 2008
heres what i know...
by: Sarah

Unemployment knew about the job I quit already. When I filed my initial unemployment claim they had **ER name edited** down as a job already.

When I talked to the claims specialist they asked if I had any other jobs besides employer and other employer and I said no. So they knew about both jobs.

I received my first unemployment check the week after i filed my first claim, but on the second week the question about my eligibility arose. When I called to see why I didn't receive a check that week they said that my manager from ***** sent a letter or something against me getting unemployment because I quit. Now I am waiting for someone to call me to ask me questions about it, but in Wisconsin it says you could wait 21 days or longer to be contacted by someone. I just don't understand why ***** would even be paying my unemployment, and why it matters if I quit there when I've held the same job for 6 years and they are willing to pay unemployment. I also wonder if there is a way I can solve this sooner because I have no money and Christmas has pretty much gone on credit cards that I'm going to be paying for by next month.

Hi Sarah,

It's possible the state of Wisconsin jumped the gun on your first benefit check. The employer, B***** has to protest now to protect themselves from being liable for any benefits paid to you.

Even though they might not be liable now for any benefits you receive, if they don't protest now they could conceivably become liable at a future date. This is pretty much SOP for employers, whether they're right or wrong.

And if you find a way to speed up Wisconsin or any other state let us know. The states have timeframes imposed by the feds to complete things. My experience with WI is they like to keep things moving right along.

You'll just need to exercise some patience.

Mar 05, 2009
Biggs
by: Anonymous

I was one of her co-workers at B*****, the manager clearly showed us all on Camera that the customers paid for there meal and Sarah stuck the money in her pocket! Grow up Sarah, u were caught! I wonder how often at T********* people allegedly walked out on there bill (and you took the money).


Anonymous, thanks for the post.

Here's a perfect example of the need for truthfulness and an examination of a situation from ALL sides...not just your own.

Although I do have to say, the managers decision to show the video to "all of us" was a questionable decision in and of itself and could also be seen as good cause for termination...of the manager that is.

Mar 05, 2009
false accusations
by: Anonymous

Funny that you posted as anonymous while accusing me of stealing money, instead of putting a name to the post. What was on the camera, and what I told L***** from the get go, was me picking up the guests bill book, taking out the $7 in cash that they left, and immediatly going the the hosts and managers to check if they paid. Before you make such a serious accusation, you might want to check your facts and wonder why the manager would even be showing a video like that to the whole staff, when he wouldn't even show me. For your information, in my six years at t********** I had one walk out, who came in later and admitted that they may have "forgot" to pay the full bill. I have two kids and would never risk getting myself into criminal trouble for such a ridiculous thing. Not to mention the fact I got the job from one of my best friends, whose job I wouldn't jepordize in any way. Perhaps you sould examine the fact that b***** has the highest employee turnover rate of any restaurant I have ever worked for, mostly due to management. So next time you accuse someone of criminal acts, please make sure you know the facts 100%.

Mar 05, 2009
To: Anonymous
by: Amanda

Okay Anonymous I see someone doesnt have the balls to say who they are but before you go accusing people of crimes on a public website maybe you should have asked the manager what sarahs story was. Did you know that she told the manager from the very beginning, before he even said anything about looking at a camera, that she took the seven dollar TIP and put it in her apron? I'm sure you didn't. Or do you know about the mix up with the credit card? I'm sure you have no idea what I'm talking about. L**** had no reason to show everyone that tape and the fact that he did shows what a jerk he really is. He just didn't want to take a loss so he found a way for sarah to pay for it.Everyone who worked there knows how much of a cheap jerk he was. What happened in the video is exactly what sarah told him happened.So next time you want to go and tell the whole world my sister is a thief maybe you should do a little investigating.

Mar 05, 2009
Bickering Waitresses
by: Chris - (webmaster)

STOP. This is not MySpace....It's public because I foot the bill to keep it up. And I certainly don't want it to be turned into a vehicle for any sick pup's idea of fun and retribution.

If someone asks a question...I answer to the information I'm provided. If someone wants to post a comment they can be respectful...or helpful, but not vengeful.

But all this bickering did get me thinking about something. I do a lot of research even about what people want to know about unemployment.

I was surprised to find what people searched for almost as much as valid information was "how to get somebody fired". WHO does that?? Is it really any wonder so many people are miserable in their jobs?

Sarah do a search for "K-Mart + Unemployment + potato chip + decision :) Managers should have a heightened sense of appropriateness and fairness unfortunately that's a rare bird.

Mar 05, 2009
apology
by: Anonymous

sorry chris


Accepted:)

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