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My boss told me I was fired, but told unemployment I quit. Now I can't get my unemployment benefits back.

(Hookerton, NC)

I'm a brick mason, 20 years worth. I was laid off from work. I had been with the same company for 13 years. I received 4 checks from unemployment. I found another job laying blocks.

I start laying blocks making sure my work is presentable, working thru break time and all that. I took 15 min lunch, we had 30 though during that time I would look at my walls and fix what needed to be pointed up.

This went on for about 3 or 4 weeks. My work looked good. After coming back from Thanksgiving the boss puts me to patching up work that his other masons layed, holes left in walls, wire hanging out of walls mortar, joints going from 1/8" to 3/4" to an inch. I had to chisel out joints cut out wire, rejoint blocks to get it where it would pass inspection and this is a government job by the way.

I did this for 2 to 3 weeks. He comes in and says I can't see where you did anything, what have you been doing? I'm not going to need you anymore, let this be your last day.

I walk away, I just can't please him. I file again for unemployment and they denied me because he said I quit. Do I have a case here for appealing to get my benefits back going?

Hi Carl,

Because there is no documentation it will come down to a credibility decision.

It sounds like the boss wanted you to finish out the day, but you walked off the job, right?

This could be a problem for you unless you can show that the verbal exchange between you and your boss was what led you to quit before the end of the day when you would have been fired and that any reasonable person is the same circumstances would do the same.

The hearing officer will ask questions and determine who was at fault for the separation.


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