Employer Said They Would Not Protest And Need Help Choosing The Reason To Give Unemployment


(NH Unemployment Benefits)

1st of all "THANK YOU" for everything that you do everyday...you are one special lady :)


My husband had a job with the same company for 15 years he has a CDL A license in the state of NH...but due to some irreconcilable differences between him & the company after 15 years his employer allowed him to resign rather than being fired and due to knowing our financial situation the HR rep told us that she plans on ignoring any requests for information from unemployment so whatever we say to them goes....we found this out after the initial form was filed and we had put Quit in the 1st box then when it listed reasons for quitting we checked the "OTHER" box.

His initial meeting is Friday and we already received his Income eligibility...our question to you is that since we know the HR rep is doing her best to help us what is a reason that would qualify him for benefits....I am currently disabled & without some income from him we will lose everything....hopefully it won't be long until he finds something but until the if we don't get unemployment we are totally screwed!

We TRULY appreciate your very valuable time!!





Answer For: Employer Said They Would Not Protest And Need Help Choosing The Reason To Give Unemployment




You have to tell the truth. Not doing so opens your husband and by virtue, your family up to the possibility of a fraud overpayment finding .. so I'll address what it sounds like to me.

Sounds like a quit in lieu of discharge.

If you use the search bar (located on this page) plug that term in.

You'll learn that you haven't told me enough to tell you what to tell the department when they call for the interview.

I hope, that when your husband applied for benefits he chose the quit box. I also hope that NH has a space where he explained he "quit in lieu of discharge as that is what tells the UI dept. it should be investigated as a discharge therefore shifting the burden of proof to the employer for work related misconduct to be found.

However, they want to know why and if whatever created this situation was in fact misconduct connected to the work is why I can't continue the discussion .. because I don't know what passed between your husband and the employer that it came to this.


Chris

Comments for Employer Said They Would Not Protest And Need Help Choosing The Reason To Give Unemployment

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Dec 22, 2011
My husband is an alcoholic
by: Help in NH

over the past 15 years working for a place that distributes alcohol was not an easy job for an alcoholic....he NEVER drank while working or had any issues with his employer over alcohol but on weekends and vacations he drank to the point of not even knowing his name....with that said he has gotten help with a counselor and is going to AA and promises to never drink again.

The problem with this situation is the fact that he was subject to random drug tests and after a weekend of drinking with the pals he evidently must have smoked some marijuana and failed the first drug test in 14 years....even though he didn't remember doing it.

So he was tested again a few weeks ago (over a year later) and because of his alcoholism he did not remember wether or not he had used and he panicked. He went to a fellow employee for advice...he gave him a kit that contained fake urine and when he went to the testing facility a male nurse observed him and once they saw the kit attached to himself they contacted the employer-never tested the urine and he was told to punch out & go home. Three days later they called him back in and told him that they were allowing him to resign rather than be fired. He wrote his resignation letter and that was that.

Not that it really makes any difference but we tested his urine that same day with a home drug test and his urine was clean. He just panicked because he could not remember if he had or had not participated under the influence and this is the reason for the company's actions.

Although there is probably no chance in hell to collect we are PRAYING that this all works out....he never ever smoked or drank on the job but because marijuana stays in the system for 30 days that does not matter.

The employer says that they hated to lose him because he was such an efficient and dedicated employee but the rules are the rules and because of his CDL they had to make him an example. If we can say that he quit in lieu of being fired and the burden falls to the employer but they don't respond how do you think that will that work out and what in the world does he say...it seems that everything that I can think of will fall back on him-being an alcoholic is a disease but not getting help is definitely his fault.


Chris, I hope that it is not too late for you to respond (& that your plane ride is safe) Enjoy the holidays with your famly....we are so very appreciative for everything that we have or should I say still have...and especially THANKFUL for people like you in this world....

Thank you once again for your VERY, VERY valuable time and Merry Christmas to you & your famiy!









Dec 22, 2011
Not so fast there:)
by: Chris - Unemployment-tips

Actually, to know if there isn't a chance of collecting, we would also need to know if he admitted anything in his resignation letter and whether NH has any specific provision having to do with misconduct for drug or alcohol tests. Some states also allow benefits if the person admits the problem is due to compulsion and can provide proof of completion of a rehab program.

I'm on my way out the door now, but I would suggest focusing on the fact that there was no confirmed dirty UA by the employer. It could still go against him, but those things I mentioned above can be very relevant to winning an unemployment appeal .. if the need arises.

I'll check in tomorrow to see if you've added anything.

By the way, there are plenty of functioning alcoholics out there working reliably for their employer .. I'll even wager a bet that some employers themselves could be identified as such.

This isn't me approving because I believe in my heart it's such a waste of a life to live with addiction ..

But, when someone accepts responsibility and tries to overcome the problem they need support .. not holier than thou.

You Too! Merry Christmas Everyone!!

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