Employer reason I voluntary quit does not coincide with what I stated

Hi, I read the details you provided, and if you were denied benefits, it’s sounds proper to me.

If the liable state, were to have a special voluntary quit provision in it’s law, such as one that allows a spouse to VQ because the other spouse got a new and better job in another state, or the state law is written is such a way that it simply allows there can be personal reasons for quitting that can lead to good cause .. being attributable to the employer, or the work itself, I still don’t think the circumstances that forced you to involuntarily quit would stack up to good cause at an appeal hearing.

But, this is just my honest opinion and far be it from me to tell you not to appeal, because I’m pretty sure the hearing decision can explain better when it references one, or more precedent decisions to support the denial.

I involuntarily resigned/quit do to personal issue in my life. On 4-17-2018 I was kicked out of my girlfriends house where I moved from Wichita KS to fort Scott KS 3 hrs from my home town and family. So I looked for a place and stayed in a hotel from 4-17 to 4-22. My head boss was aware of my situation and when I ran out of money he is the one who told me to go ahead and involuntarily resign/quit do to personal issues. I exhausted my efforts to try and stay so I could still go to work but my money was all gone. Spent 86$ a day for 6 days so I was broke. All I have is my clothes I brought and never had enough to buy a car after helping her with the bills.

Amazing what a little forward thinking vision and copycat effort, can do to create a document wall that defeats. Yes, defeat even an employer at a UI hearing where there is an opportunity to fully explore those documents and testimonies as to whether good cause to quit existed.

(Document Wall – a term I just read in a new HR newsletter about defending against employee discrimination and retaliation complaints).

Because as we all should know by now .. no employer would ever willingly cross legal boundaries or play down and dirty by documenting effectively enough to prove they are never to blame for the end of a job when the employee didn’t bother to document significant events and maybe the kicker .. conversations.

Of course if you do have the audacity to complain to make a legitimate complaint as an employee you might very well fall under another general term I read about recently in another HR newsletter.

Being a BMW employee ( those who bitch, moan and whine).

Good morning Chris,

Just another follow up, I was approved for my unemployment today! it’s difficult when you voluntary quit to win the case but if you truly try to improve the situation and document the process it can go in your favor.

Thank you once again for all of your help and for the great advice you give and continue to provide!

Hi Chris,

Just an update, I had my appeal hearing this morning which lasted approx. 30 minutes. My prior employer did not reply to the notice of hearing or attend the appeal hearing, I understand that even though they did not attend they might have requested a continuance.

Would I be able to contact the appeals dept. to see if they have? I presenter my case and had my documentation submitted on my behalf. It is quite unnerving to go through but like you have stated repeatedly (voluntary quit) you must show you tried to have the problems correct as well as who you spoke with concerning the problems.

I would definitely recommend getting all your conversations in writing (email) if not it just becomes he said/she said. I’ll receive the decision via mail although I’m not sure how long I lit takes but I’ll keep this post updated on the outcome.

Thanks so much for your help and all you do to help others!

I’ll definitely keep you updated, thanks so much for your input.

Your burden is to prove your reason for quitting is with good cause and be prepared, just in case, to explain why the employer’s documented belief for cause should be irrelevant.

I can’t explain why claimants, nor employers sometimes choose to fight with inaccurate reasons that can be proven wrong.

I was never in a temp position but rather hired as a full time employee from the beginning, I’ve been in my career field for over 27 years and in management for over 10 of that time.

The job I had was an officer position and it took over 3 months for them to find someone to fill that position, which I was grateful to receive.

I received no training for this position and did not receive any assistance from my direct supervisor when I asked for help. I continuously asked the management above her for help and once again received none. No training and no assistance as to the correct way to complete my job lead to the first final warning.

I did include this information in my initial claim as well as stating specific facts showing, and I hope proving that no reasonable person would continue working under those conditions.

I understand the burden of proof is on me and I am prepared to present that. I’m just at a loss as to why my former employer did not dispute any of the items I listed but rather chose to go with I quit because I had been reprimanded about my job performance which I can prove with no problem was not the case.

Is my burden of proof at this point to prove the reason they stated was not
correct or should I be focusing on other aspects?

I did contact Wyomings unemployment office and request a copy of my full claim file and at first was told they weren’t sure if that was something they could provide. I was then transferred to the appeals division and was told I in fact can receive that however I have to fax or mail a written request for that information.

Sounds like you were at some point, a temp who was hired on as a permanent employee and if so ..

Nothing, evidence, nor testimony, having to do with any incidents, or write-up that predated becoming a permanent employee should not be objected to by you (on the record at the hearing) as it would be irrelevant to the employer you did voluntarily resign from.

Because you did quit, however, the burden is on you to not only prove your reason (still unknown) for resigning was indeed with good cause attributable to the work, and/or an employer and that goal is generally speaking, best served by documentation that proves you did exhaust efforts to preserve your job.

Thanks for replying, when I initially submitted my unplanned claim I did provide a detailed description as to why I left. When I called to inquire on the status of my claim I was told I would be receiving the decision via mail, no one called to discuss my reasoning or to receive a verbal response from me.

The write up occurred after I had been with the company for 2 months and I received no verbal or written warning before being placed on the final written warning, at that time I was asked to leave for the day so they could determine if they were going to continue my employment.

Once I returned they informed me that I could keep my job, mind you this occurred 6 months prior to me leaving. The month after this I was once again placed on a final warning for recurring incidents that took place before I was employed there, I was told I would be fired if those items were not correct. I worked diligently to learn what the situations were and how to correct them on my own.

The second final warning was removed from my personnel file by HR as it was determined I should have not been responsible for something that occurred prior to my employment and that I had no control over.

The first final warning was at the same time lowered to a written warning. I know beyond a doubt that I was not going to be terminated because when I submitted my resignation letter they tried to convince me to stay on numerous occasions.

Which brings me to my question as to why they would list the reason they did rather than try to dispute what I had listed.

They have to be grasping at straws because as I stated, the first write up would be the only thing in my personnel file that would have anything to do with my job performance.

I’m going to call right now and request a copy of the paperwork that was submitted by my previous employer, thanks for that suggestion!

Hi Anonymous,

Didn’t you get any insights about why the employer went down a road you should of easily been able to explain when you spoke with the claim adjudicator to explain your reason for quitting meant to lead the adjudicator to a correct determination based upon your reasoning? I mean you do have the burden here.

Frankly, you have given me little to go on. At least, that allows me to advance your efforts to speculate as to why your employer would of responded in such a way to lead the WY UI claims adjudicator to determine you quit for being reprimanded for an incident unrelated to whatever your reason for quitting was. It’s called a quit in anticipation of discharge (generally without good cause) as opposed to a quit in lieu of termination .. with the possibility of being a discharge for something other than misconduct.

Given I have no clue as to what you told the claims adjudicator about your reason for quitting, I will tell you when a third party administrator responds for employers and only have access to payroll records which might also include any disciplinary notices in a documenting system (such as peoplesoft) a lack of recent activity, might indicate whoever did write the first protest may of been grasping if the employer didn’t bother to respond to an inquiry for more information .. which is a very real possibility here .. at least from where I sit .. only knowing how things can work out at a TPA when the client is an unresponsive sort.

Did you request your full claim file from the state of Wyoming? You can do that, you know .. especially when you’re in the dark as to what you need to be prepared to prove .. or if the truth will explain why the employer’s response amounted to grasping for as legitimate reason.