Employer is saying I quit and I didn't.
by crystal
(California)
Employer is saying I quit and I didn't.
I was fired from my last job because I requested that my schedule be changed because I was having transportation issues. I requested a transfer or for my schedule to be temporarily revised until I could get my transportation issues together. My boss said no and fired the first time I had to call in. I tried everything to get to work including walk but it was way to far two cities over. Now the unemployment people are asking for a phone interview and asking me to be prepared to answer questions on why I quit. I didn't quit though. My employer told me she didn't think it was going to work out and said she thought I had an attitude. She text this to me. I apologized and told her I didn't have an attitude and maybe that was hard to tell in in a text and that I looked forward to speaking to her about the situation face to face to this she never gave a response. I told her I could show up for my morning shift the next day and she never did respond. I text her and told her combined with her saying it wasn't going to work and her lack of response I was inclinded to believe I was fired or did she want me to come in she said don't come. I asked if she was firing me and she did not respond. So I don't know what I was to presume by her saying she didn't think it was going to work out but she put I quit. Which I didn't I pleaded with her through the texts. Will I be denied unemployment for being fired for calling in one time and if not if she lied about me quiting will unemployment deny my claim. Also are text conversations permitted as evidence? I don't know what to do because I drew a conclusion based on what she said but I don't know if her saying it is not going to work out for me to see if I was fired that is why I checked if she still wanted me to come in the next day and she told me not to come. The ladies at work said they saw me scratched off the schedule so I don't see how she could get that I quit. I believe she is lying intentionally.
Hi Crystal,
You have texts (make them hard copies and ask the phone interviewer where to fax them) and you have the truth, The unemployment dept. likes proof that clearly shows what the truth is. Proof is usually seen on a hard copy of something. It is possible that you may be denied as a quit because of your transportation problems .. and the fact that you didn't show up to work that day .. but still, it is at an unemployment hearing where factual testimony, and again, your texts can be presented in such a way that what has to first be addressed is whether it was a quit or a discharge .. There's lots of precedents that address just this issue. So the moving party and the burden is assigned to the correct party. That's what you need to show .. that the employer's actions indeed, amounted to a discharge while you were trying to seek "temporary" accommodation for your transportation problems.
This is also, another opportunity for me to explain why I write about unemployment hearings as if they are a foregone conclusion and what screws things up for many unemployed people.
The claims department has to review every single claim and make an initial determination as quickly as possible ..
It is both time constraints and that people lie out of desperation and don't always understand that paper proof is what backs up what they say .. that there will be erroneous findings by the claims department.
When a lie can be proven to be a lie .. it damages the liar's credibility. So don't lie, but focus on what are the strengths of your case.
Do I believe it is possible that a manager would text you to come in for a meeting and then tell you not to come in in a conversation to justify a way to make it seem like you quit and to do so intentionally? Yes. But, do you really think you will be able to convince those people that saw your name scratched off the schedule to testify on your behalf? It's a big problem for claimants.
Let me just put it this way .. that is why I could only make this website for the unemployed four or so years ago.
Employing units don't lie .. that's an entity, it is the people that bring them to life that lie. People cheat, manipulate and perjure themselves.
Some are called supervisor, manager, boss man and even unemployment claimant.
So, maybe I'm skewed, but I have this expectation that when a person has any amount of authority over others in the workplace, it is their behavior and actions that should be held to the highest of standards. Many state unemployment laws employ something called "liberal construction". The laws are supposed to be liberally construed in the favor of the person applying for benefits.
Doesn't always seem that way to me .. so I'm very focused on providing proof to eliminate the need for anyone to liberally construe anything.
Yet it was that lies and manipulation prevailed in more cases than I could stand .. so I decided to do my best to level the game field.
Chris
Comments for Employer is saying I quit and I didn't.
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
}
}
