Any advice welcomed

Discussion in 'The Watercooler' started by Star*, Apr 12, 2012.

  1. Star*

    Star* call 911

    In the never-ending struggle that is the job termination (insert dramatic music here). I have been turned down for unemployment and must fight for it. So I have filed an appeal, must face the appeals tribunal, and have now been deemed a voluntary quit. A WHAT? Are you kidding ME?

    Gosh Badwill - When you lay it on thick you really tell the story bassackwards. So I did call a lawyer referral place, and they'll take 7-10 days to get back to me, and that's going to be AFTER the hearing. How convenient things work out for the big guys all the time. It says that I can subpoena anyone I want. Well whom would I do that to? No one at Badwill is going to chance loosing their job to help me. No one that cost me my job is going to come forward and tell the truth, if they were going to do that? They would have already done that, and they didn't. They just said "wow I didn't think I'd get her fired I just wanted to get her in trouble." WTH? Then someone got written up for me getting fired, but it wasn't the girl that turned me in and caused all this mess. It was the manager for not interpreting to me the rules so I could understand them so as to NOT get fired. BUT that's not common knowledge. Then there was the store-wide meeting the day after I got let go (fired) or as it is now - VOLUNTARILY QUIT - (um because I knew the rules and broke them anyway causing my dismissal / ah yes I wanted to be in this economy and get fired where I have not gotten an income for 12 weeks sure - lay it one me.) to explain to all remaining employees to MAKE SURE THEY understood the rules emphatically - without a doubt. Well thanks for that.

    So without representation do any of you have an idea what I'm about to go through or what I can do to represent myself?

    This is not a ton of money but it's 12.4 weeks worth of wages and I need it. Thanks
  2. AnnieO

    AnnieO Shooting from the Hip

    Sweetie, the only experience I had with unemployment was the ODJFS office losing my paperwork multiple times. I gave up.

    However... What were the words said when you were (ahem) quit upon? "Let go" means INvoluntary. "Position terminated" also means INvoluntary. The company does not want to pay... Though as huge as they are, they should pay for unemployment insurance, meaning they've already paid for it.

    Ugh, I hate hate hate this stuff.
  3. InsaneCdn

    InsaneCdn Well-Known Member

    What does it actually say on your termination paperwork? Here, they have to SPECIFY the reason... in writing.
  4. Hound dog

    Hound dog Nana's are Beautiful

    I knew someone who worked for a retail store for several years. She quit once she finished school to be a vet tech.........only to find out that a vet tech wasn't paid as much as she was for working the retail store (due to her having been there a few years) and she couldn't make her bills.....and that she was having issues finding full time as a vet tech. She didn't think she qualified for unemployment.....turned out she did qualify under some such thing (sorry I don't remember what it was) and it shocked her, although she was thrilled as it would prevent her from being in she could pay her rent.

    I dunno. I'd do the hearing anyway or appeal or whatever it's called. Goodwill is betting you won't......(most people wouldn't bother to do anything but throw a tantrum) which is why they're trying to say you quit instead of were fired. No, you're not going to get witnesses maybe (although I'd try those higher ups you dealt with, not the lowly employees who's jobs can be threatened more easily for witnesses).........and just go in there and tell the truth. Your story is so unbelievable, it would be too hard to make it up. I'm going to guess unemployment folks who deal with this sort of thing will have experience enough to know that. It's not like you're asking for a fortune, so it's certainly NOT greed motivating you. Know what I mean?? They are supposed to pay the insurance it's not like you're "getting back at them". So what other motivation would you have other than fair play? None really.

    If you can wait.........I'd wait on the lawyer referral and see what he/she says. They might have a tidbit of advice to give you and edge. But I'd go for it 1. because you need the money and 2. because this is dirty pool and they know it. They not only trumped you out of a job, now they're trying to cheat you out of your unemployment.

    And since it is Goodwill pulling this stunt?? I'd call me a local columnist or reporter and see how interested they'd be that a very popular charity organization is trying to cheat an ex employee out of her benefits. They might find it interesting indeed, as well as the public at large. hmmm?


    You certainly don't need this nonsense. Being out of a job is hard enough without jerks making it harder than it has to be.
  5. Star*

    Star* call 911

    I didn't get ANY termination paperwork and they said the form that I signed stating I was sorry I violated a policy unknowingy and was sorry was THEIR property. I mean I said that I did it, I just stated that I was sorry and was unaware at the time I knew what I was doing was against a policy. Then I signed the form, gave them back their uniform, keys etc, and asked for a copy but they said NO.

    On the unemployment form for appeal tribunal - two boxes are marked - voluntary quit and discharge. that's all. This was NOT on the form that I got two weeks ago that said I wasn't getting unemployment.

    I was asked the day I found out I wasn't getting unemployment did I want to contest this? Yes. Did I want to subpoena anyone? Well whom would I ask? They lady said I don't know that's up to you, I'd say you have no one, just mark no. So I marked no. After I thought about it - I thought -well I'd like to ask the girl that got me fired but she would not tell the truth about what she did anyway and would it pertain to my case? Probably not. BUT to me? What she did was (can't think of the word this minute) like when you do something over and over and over - and it's okay but then all of a sudden it's NOT. That's what she did to me - They let me ring up my fiance while they stood either close or feet away, saying well a manager has to be present, then when I was one - LET me ring him up, LET me use our card (my card) then all of a sudden that's not okay???? And she called the loss and prevention guys this time? And the nickles thing just the day before? I mean I have the note I left in the drawer that she called Loss and prevntion and told him "SHES trying to steal nickles." Well if I was trying to steal or violate a policy - WHICH one? And why not just tell the store manager - WHY did you have to call loss and prevention? She was hell-bent on getting me fired. And the last policy they blured the lines on was pricing things and putting them out the day before. I was told as long as things were put out the day/night before and not purchased until the next day? Then we were okay to have anyone in our house buy it. So I'd like to know WHERE I was in the wrong having myself buy something.

    As for how I present this? Do I get bank records and SHOW the tribunal that YES we have one account? YES we have purchased Lots of things since I've been hired at badwill? And highlight them so I can say _LOOK I was on the register here, here, here - and rang him up here, and here and here - and take the stuff that he bought or take HIM with me? I mean I don't know. My MOM even was there Christmas eve when I rang HER and DF up and the manager LET me do it - and never said NO NO NO I have to do it. So what is the big violation? To get me fired and her driving it - that's what. So if I can't get unemployment and I QUIT????? WTH?

    Any ideas as to what to take, documentation? Atty ideas? I really need to win this. And should I tell them in there I kNOW the manager got written up for this or is that betraying her when she said "I probably shouldn't tell you this." or do you think she's let me out in the wind as well?

    I hate this junk.
  6. Signorina

    Signorina Guest

    In my experience as an employer fighting a claim - the outcome has always hinged upon whether or not it was "in the employee's power" to keep their job. Now, how that has been interpreted has swung wildly. If you violated a written policy, it may bite you. However, if this was a first violation and there is no history of written warnings, if the handbook didn't specify immediate termination for the violation or if the "tribunal" thinks that termination is OTT for whatever it was...they will likely find in your favor. Just IME - in the state of Illinois.

    Also, every time we disputed the initial claim of unemployment, we were successful. (We'd get the notice, respond with a written dispute and benefits would be halted) I think that's pretty common. It usually got dropped by the ex-employee at that point. (please know we only disputed claims that we knew were unethical) Of the 10 or so I remember going to an actual live appeal, I had about a 50% success rate. Again, let me be clear that those 10 former employees were term'd for WILLFUL x100 causes. One guy stole from us, another screamed FU at a customer, another went to work for her daughter & was being paid off the books. etc. Yet still, about 1/2 of appeals went their way...seems to me that unemployment office tends to err on the side of the employee. Again, just in my humble opinion.

    I would write down the facts as you know them so you have them in front of you when they ask questions. I would also bring evidence that you are hunting for a job- places you're applying, etc. (to collect unemployment you have to be available and looking for work) Stay calm, look nice, smile - it may come down to who appears more credible - you or them.

    You don't need a lawyer, and this may not be the last step in the appeal process. If you do not "win" - there may be other options to appeal the appeal result.

    Good luck
  7. keista

    keista New Member

    First, Unemployment benefits are regulated by state, so the laws of how and why you can get or be denied benefits vary by state.

    Are the subpoenas free to you? If so, ask for one for EVERYONE that has any clue as to what happened to you - INCLUDING the loss prevention investigator. Yeah, may take two days for you to question each one of them. See, if they don't respond to a subpoena, generally a warrant is put out for their arrest and they don't want that, or maybe they might because the entire store staff will have to appear at this "tribunal".

    They could just be playing "chicken" like insurance companies do, or it could even be a clerical error. I only had to deal with this once in NY, but in that case, the employee really did voluntarily quit and even admitted so in the paperwork, but still tried getting the benefits.
  8. DaisyFace

    DaisyFace Love me...Love me not

    I was going to suggest this, too...

    Just present the facts as you remember them (without all the "so-and-so is out to get me" stuff). Tell the judge you made a mistake and you apologized for it, but they fired you anyway. It will be up to the employer to demonstrate that they gave you several "warnings" before firing you and/or that this particular mistake was a HUGE violation...
  9. KTMom91

    KTMom91 Well-Known Member

    They just don't want to pay. Appeal, tell your side of it, bring any documentation or specify they refused to give you anything, and see what happens. You don't need a lawyer for this. Good luck.
  10. InsaneCdn

    InsaneCdn Well-Known Member

    Hire susiestar to come represent you? She's got the mind of a lawyer...
  11. susiestar

    susiestar Roll With It

    Wish I could. get your mom to write up what happened, have it notarized to prove you didn't write it, have dr write up a statement, take the records of the times that you did it and no one said it was a problem, subpoena everyone you can think of including the mgr who told you she got written up, and go in and be honest and tell them the whole absurd story. if your mom can go to the appeal, take her. if you need time, ask for a continuance to get your legal consultant time to look at the facts. Also find an atty who does a free consult and go talk to them. most attys in the yellow pages will offer this and it won't take long for htem to see you - they are hungry for business right now.

    YES YES YES YOU SHOULD SUBPOENA THE MGR WHO GOT WRITTEN UP AND TELL THEM THAT THE CO NEEDS TO PRODUCE THE WRITEUP OF THIS MGR FOR THIS APPEAL. That is in all caps because i meant to shout it. She is a nice person but she did not stand up for you - and she could have said the one girl was purposely messing you up and it is her frmpin j-o-b to do that. sorry no caps but my keyboard is fritzing and won't shift reliably.

    Also tell them you were not permitted to have a copy of any writeup and that now you know that is illegal - employment laws give you a right to copies of termination paperwork and writeups and anything else in your file.

    badwill has played this game for years. they figure most employees can't contest because they don't function that well and could get disability anyway. A cousin worked at a regional office and he was flat out told this was policy - contesting all unemployemnt. they ended up regretting it because he found it in writing and took a copy home in case they fired him . i wish he still had it but this was ten yrs ago.
  12. recoveringenabler

    recoveringenabler Well-Known Member Staff Member

    Star, I don't have any advice, I don't know a thing about unemployment, I just wanted to tell you I read your post and I really, really hope you win this, and get all the money you deserve. This stinks. I'm sorry you have to deal with this stuff . Sending you warm wishes for a great outcome.
  13. cubsgirl

    cubsgirl Well-Known Member

    I don't have any advice either -- but I sure hope your claim goes through and puts badwill in its place. ((hugs))
  14. Tiapet

    Tiapet Old Hand

    No experience with this Starbie, but I will agree with the others in that yes, appeal, see if you can get a deference pending getting legal counsel for representation. Gather your ducks in a row (like a warrior mom knows how to do well!). I know you can do this, I know it's stressful but in the end, it will be worth it and, by chance any coincidence you may even have a lawyer that finds out this has happened before and you have an even bigger case against badwill then you have now and not only do you get your unemployment but you may have civil or a class action suit to fight for others (not saying you want this) but it may just uncover a huge can of worms that needs to get opened! Good luck and hugs, we're all behind you.....
  15. shellyd67

    shellyd67 Active Member

    I also have no experience but wish you all the best and all that you deserve. You have been such a great support system to all of us and I truly wish there was something I could do to help you Star. HUGS AND LOVE

  16. 1905

    1905 Well-Known Member

    Star...You keep fighting, they will give it to you, my ex-step-mother in law worked in the unemployment office, they give it to you when you keep fighting it. You WILL get it, you don't need a lawyer. That is an insane reason to fire you! I'm so sorry! You are a great support to everyone and I, too wish I could help you in some way. ((hugs))
  17. buddy

    buddy New Member

    Hoping it goes your way! Keep up the good fight.
  18. Star*

    Star* call 911

    Thank you all - I'm gathering documentation as we speak. I figured I'd start today and see what all I can get - and Susie* I HEAR YOU.

    Daisyface - Yes, I hear you too. Not known for my briefness. I shall keep the she done me wrong song out of it, stick to facts. Got it. ROFL - Even though you never met me - you know me - how odd. ROFL again.

    Tia - Class action huh? Interesting. Never done that before.