Fired, employer says I quit voluntarily---WA state

With no previous write ups or verbal warnings my manager and district manager entered my store ( Im a GM at a party store) and proceeded to verbally rip me apart about my inadequacies as a manager. There was another employee there from a store 55 miles away and I just knew they were firing me. I was shocked and said " I cant believe you are firing me " several times--they didnt respond, packed my stuff in a box and escorted me out of the building. They fought my UI claim stating that I had "flew into a rage and told them that I wouldnt give them the satisfaction of firing me" and left the store. I appealed and my former employer did not show up. Is the burden on me to further clairfy that I was being fired (other than saying over and over to them that I couldn't beleive they were firing me)--they contend that they did not intend on firing me but only writing me up (where was the paperwork??) By the way, the manager from the store 50 miles away that they had there on that day began managing the store the same day I was terminated




Hi,


First, if we are to talk about the burden of proof .. I also would like to know what the determination stated that was appealed. And then, if you are actually talking about being denied with a hearing decision .. that affirmed you had voluntarily quit .. I'd like to know what that said.

If, like you say, you were the only one in attendance at the appeal hearing .. I think you would have more to offer than what you said while you were being fired.

I believe the fact that you had testimony about your things being packed up and escorted out and the fact that you might have testified that you did not go into a rage .. and maybe testimony about the other person present that day who is now the store manager .. you could convince an ALJ you didn't quit, but were fired .. since the employer was not there to testify or rebut anything you happened to testify to.

But what I'm wondering about, since you ask the question about the burden .. is whether something you told the department during the claim filing might have hurt you at the hearing ??

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Dec 08, 2010
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by: Anonymous

during the hearing (by telephone) I did indeed let her know that I never flew into a rage nor did i ever say that I quit. I was more dazed than anything. She kept asking what caused me to be so sure that i was fired and if they verbally told me that I was fired. Other than the fact that I knew how they conducted firings and that my replacement was in the store and they never denied firing me when I made the statement that I couldnt beleive they were letting me go. She did some checking to verify that I was not fired for cause (went over my history with the store etc) Is there such as thing in unemployment law as a tacit agreement??? Or is it my responsibility to get them to verbally (or written) say the words "you're fired"--




Maybe you did make some mistakes, but come on, didn't you tell me you worked as a manager in some kind of party store .. I definitely know that you didn't work in or have full understanding of "administrative rules of procedure".

A tacit agreement is something caused not by words, but by actions .. and that could be caused by witnessing the same repetitive actions or strategies of the way an employer gets rid of people .. especially considering the fact that the employer was not at the hearing to rebut any of your testimony.

I do remember you said the employer boxed your stuff up and walked you out. Tacitly, this would make me think I was being fired.

Clearly, I don't know what all was said or done at that hearing. I'm not even sure that I remember you telling me you lost that hearing .. but if you did .. you have the right to appeal and that appeal needs to be based on the record created by you and the hearing officer during the hearing.

You can get a copy of the recording that was made and if you thought that hearing was tough if you didn't win .. you ain't seen nothing yet because it's even more difficult to win on appeal to a board of review.

Get some professional help if you lost, to write the board appeal.

It's quite different than an appeal that just requests a first level hearing.

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