I won my unemployment appeal after quitting

Hi DS,

I won my appeal as well after quitting in Illinois for the same particular situations. The key word as Chris always indicates is “document” all & everything & anything relevant to your quitting and making sure you made attempts to preserve your employment to the best of your ability.

Without the aide of Chris’s advise I would of not known what to do, but I researched her website & emailed her & took her advise.

So, you are right, it is possible to collect unemployment if you quit a job for a good reason!

Congrats to you DS! It’s a shame that the employers lose good employees due to their abusive environments and treatment. I believe they live to regret their actions!

Best wishes to you! Also, Chris, thanks again for everything, without you & this website many people would be lost and not know their rights!

God bless you!
Peggy

Dear Peggy,

Thank you for your response. I tell you it has been a whirlwind. My appeal was on Friday oct 1.
The decision was made and mailed on oct 1. I got the letter on oct 4. I called my lawyer on oct 4 who sent an e-mail to the unemployment on oct 4. I was issued a check today oct 5. The adjudicating judge was convinced! Its true what they say “whats done in the dark comes out in the light” in the case of my employer its true. Did your employer appeal the descision? Just wondering how often they do that… well anyways today is a good day. Thanks for your response and your well wishes.

DS

Hi DS,

This is Chris w/ unemployment-tips. By the way congratulations.

Peggy’s spirit is kind and generous. Every time I see one of her comments my heart does a little dance because she confirms the goodness I know still exists:) Thank you Peggy.

Just a quick note about appeals to the board of review for.

They aren’t as common as lower level appeals and .. at least in my experience. When they do happen, employers just like claimants appeal more often on the “principle of the thing” than any valid ground that might actually work.

Employers who use a service company, such as I use to work for .. don’t really have an advantage unless there was a real flaw in the performance of the lower level hearing officer and just going through the process of sending off an appeal is often a customer service ploy to make them think they are getting what they pay for.

All the above is in reference to appeals of lower level hearings that the employer actually attended.

If they didn’t attend .. there is always a possibility that an appeal to reopen will work well because someone .. like I use to do will put a well framed request for postponement in the record to use in such a request.

That can cause problems .. Like another de novo hearing. (just as if the first one didn’t happen), but the next hearing notice will have an additional issue of non-appearance for the non-attending party.

I do have a personal experience to relate though with regard to that uneasy feeling that always seems to remain until appeal deadlines pass.

When I finally left my job as a hearing coordinator, I had been working as a temp for nearly three years for the same Co. that laid me off.

Ultimately, I quit my temp assignment with good cause supported by one particular precedent decision that exists within my state.

I received benefits.

The employer (temp agency) appealed .. they and I, did attend the hearing and they lost again.

They appealed to the board .. on principal that I quit without good cause .. therefore had a right to not give me another assignment.

I think they were just a bit ticked because when they told me no more work .. I said “see you at the hearing”.

My argument for quitting was sound. In fact, because I was a temp employee, I was arguing that I was fired by the temp agency when they refused to give me a new assignment because I quit the temp assignment with good cause.

I had to show the quit was with good cause .. before the discharge could be without good cause.

Have I mentioned lately that I can’t stand temp agencies?

I did not feel the need to write a letter with reasons to affirm the decision. Common practice in the biz.

But DS, I did not spend one penny of my benefits for the three months it took for this process to be done and over with .. just in case .. so you can take that for what it’s worth. .. There are never guarantees .. only informed speculation.

Chris

Dear Chris,

Thank you for your comments. It is so good to find someone knowledgeble about these matters after months of searching. In my case I worked for a college and my hearing was postponed twice by my lawyer. My lawyer confirmed with my employer representative that they had received all the documentation on my part 2 weeks before the actual hearing. On the day of the hearing, my employer representative (which was the HR person) relinquished her right to be the employer representative to the man that had been my immediate supervisor for only the last month I was there. Their witness was his boss who stated for the record that the reason I didn’t have any of the resources that every other employee in the college had was because there were budgetary constraints and the school couldn’t afford it. I had had three other supervisors who had left the college by the time of the hearing. When asked, my supervisors boss lied to the officer and said that I had had only three supervisors (he left out the name of the one that had been my supervisor the longest and was the most abusive). My documents consisted of at least 30 pages of documents that I had sent to said supervisor and cc to my supervisors boss begging them to help me with my job and that the safety of my patients was at stake. All to no avail. The nail in the coffin came when my current supervisor admitted that he knew of an incident that I had with a disruptive student which I requested be removed from my class for my own safety. Come to find out (during the hearing) that particular student had previous confrontations and problems with another instructor and was on mood altering medications and they still sent him back to my class, twice. The supervisor stated that he just wanted to make sure that student graduated.
Chris, I tried, I tried. Now I’ve won the unemployment appeal and like you said I am waiting for the 20 day deadline to pass to see what they do. I am desperatley looking for a job I’ve applied for at least 60 in the last 3 months only heard from 2 (sorry the position has been filled). I agree with you about not spending the money though although I am almost out of savings.
Again thank you for your knowledge and honesty and this great website I can see how many people have been helped including me.
DS

You are very welcome and I thank you for sharing your story. It good to hear good news and it’s an encouragement to other going through the same type of thing.

I’m sure it will all turn out just fine .. so spend that money if needed .. just do it as sparingly as possible:))

Thank you,

Chris

Chris,

Your kind words are so appreciated! I will continue to read your website and cases that arise since I’m learning from you, the best!

Without you helping people the system would be taking advantage of those of us who deserve to have our benefits and you are standing behind us!

Like I said before, you are Heaven sent and I commend you for all the hard work you do and pray you have nothing but all that is good come your way for all the ways you care for others!

I congratulate all that have won their cases with thanks to your input and support!

Best wishes to all & especially Chris! Thankss for making me smile. I needed that today!

Oh Peggy, I’m not the best .. the best are still working to stop people from collecting .. I think they derive pleasure from winning, but my thought is how much pleasure can you get from beating an underdog.

I just seem to be the only one willing to talk about this and I can only be of help to the people who stumble onto this site and I sorry to report that I think a decent amount of them are “you know who” … some even email me to ask questions:)

Hi Chris,

Well the deadline for my employer to file an appeal to the UAC was either yesterday or today. I have been checking the internet website to see if any new info has been added. There hasn’t. I called the hearing office and I knew more than the woman who answered the phone. Then I called the UAC which wasn’t much better. Its like they go out of their way to not help you. And why, why do they all have that dull, I could help you if I wanted to but I won’t tone? Anyways she said she didn’t have any info but that it could be weeks untill I get some type of docketing notice and thats how I would know. Really? Do you know if there is any other place I could call to see if they filed an appeal? I just want to be done with this already. Thanks for your help I am in Florida.

DS

No DS I really don’t. You did, what I would have done. Some states also send notices of “appeal acknowledgment” .. can’t quite remember if FL is one on them. You might call them back and ask if they do this.

And by the way .. I know the tone you mean.

This comes from a person who spent a good deal of her day on the phone with different unemployment personnel all across this country.

It depends on the person you happen to get on the phone. Some shine .. some make you want to reach through the phone.

Hello All

I live in NYC and was a contract worker in NJ for over a year and a half. Dyring that time i traveled a total of 95miles both ways to get to work 5 days a week. In August my car broke down and i was unable to have it fixed. I applied for unemployment and was denied. I also just had my appeal hearing and was denied agian. I have my last appeal that i will be filing on Monday. Do you think i have a shot?

Hi Lisa,
I really don’t think so.

Why don’t you share what your hearing decision said .. you can leave out any information that might identify you or the employer.

DS,

I’m so happy for you! That employer got what they deserved! Your follow thru and advise from Chris was such a big help. You didn’t let them get away with what they did and now they can pay for that plus more. You showed them and I’m proud of you for that. No, my employer didn’t try to appeal since the meeting he was found to be lying on proof I had provided to the unemployment board he was smart not too or I would of took things further regarding his sexual harrassment in our office to another employee. I just wanted to be done with him and his company! But, I just had to say I’m happy for you and I’m sure you are sighing with relief! These stories need to be heard and your last email is great to let it be known it is possible to win with the proper guidance and advice as Chris always gives! She is the best. Now you take care and sit back and just smile knowing you got ’em!!!!! YEAH!!!!
Take care now and best wishes to you!

I resigned and in the letter I put that there were several reasons and I did not elaborate. I did specifically mention that there were transportation problems (though this was not the main reason). The main reason was working conditions which I indicated when I originally filed. It included working 9 hour days with no breaks. I was denied b/c they stated that transportation is not a valid reason. This decision was upheld when I appealed. I have one last appeal available. I admit I messed up in the resignation letter. Should I file the final appeal? If so, what can I do to make up for the previous missteps? The working conditions were terrible.

Hi,

Why won’t anyone tell me what state they are in!!

Oh well, here goes. I’m going to tell you about a concept of unemployment benefits.

Many people just start throwing every reason they have for quitting a job at the unemployment department in hopes that one of them will get them benefits.

The concept is that those who know about unemployment know claimants will do this and therefore, although many will be disqualifying .. those shouldn’t count if ONE of the reasons might be and that is the issue that needs to be explored to determine whether good cause existed.

But unemployment departments are also very focused on “THE FINAL INCIDENT”.

What was the specific incident that pushed the claimant to resign?

If you were working under miserable conditions, but your ultimate decision to quit was because when you experienced transportation problems .. you said, “screw it” this job just isn’t worth it .. maybe because they were writing you up for attendance problems due to the transportation issue .. you’re done for.

So I ask you, what happened at the unemployment hearing? What testimony did you put on the record that addressed the working conditions that you felt you had good cause to quit for?

Why, if you testified and proved the miserable working conditions .. was this testimony IGNORED or deemed irrelevant and only the issue of transportation deemed relevant? Was a legitimate objection overruled? Were you not allowed to present a document you felt to be relevant?

I watched the movie “A Few Good Men” last night.

There’s a scene where Demi Moore get razzed for “strenuously objecting”. But she says “I got in on the record”

The reason she wanted in on the record was in case of the need for further appeal.

This is the disadvantage to unemployment claimants. They don’t know how to participate properly in the creation of the record that enables them to have a valid argument for another appeal.

You need to get a copy of the “record”, find a source to do some legal research to make valid points of law for the board of review to see the errors of the unemployment hearing officer’s decision.

OR

Pay a lawyer to write a brief based upon the record.

Sorry about that..Georgia

My employer testified that I had not been written up for any violations nor was my job in jeopardy. I did feel that the miserable conditions made the transportation problems not worthwhile…although the issues were not insurmountable.

(I indicated in my claim and during the hearing that my boss timed my bathroom breaks and indicated that I had been in there for too long. He admitted that he did it but only on one occasion. I also stated that I was required to skip my lunch break on days that no one was able to answer the phones because of their schedule. Either the office manager or I would answer the company phone and the regional director served as the backup if we could not do so. Throughout my tenure there (10 months) the office manager was away on vacation a lot. The regional director would have appointments or would be out of the office in the field and I was the only one left to answer the phone. He denied this even happened. I have a copy of a payroll stub that shows that I worked 9 hours one day. This did not make it into the original record as somehow it was not received. Not all of my stubs shows hours worked. They changed my job duties and it amounted to an increase in pay and I did not receive one. Finally, other members of the office were able to use unaccrued vacation time–essentially going into negative vacation time– and I was required to take unpaid time. I was the only one required to do so. I had a copy of an email from the office manager to me stating I would have to take unpaid time because I did not have vacation time. I responded and told her that other members of the staff have been able to use unavailable paid time and I would like to do the same. She said they have not knowingly allowed someone to do so. I also presented an email between her and the regional director stating that he could allow me to take negative vacation time which contradicted her email to me. These are the only issues I addressed in my claim, though there were other problems.

Why, if you testified and proved the miserable working conditions .. was this testimony IGNORED or deemed irrelevant and only the issue of transportation deemed relevant? (The administrative officer questioned my credibility. She stated because I did not state all of these issues in my resignation letter and I said the predominant issue was transportation. I told her in the hearing that it was not the predominant reason but one of the reasons. She stated that I was just bringing these issues up at the hearing. I told her to look at the appeals docket and she would see that some of these issues were addressed with the employer directly and in all were addressed in my original claim. At this point, she became rude and raised her voice as she continued to do throughout the hearing towards me. I think she thought I was saying that she wasn’t paying close attention to the documents. Throughout the hearing she disregarded much of what I had to say and cut me off on some occasions.)

Was a legitimate objection overruled? (Regarding the bathroom issue, the Regional Director stated that he noticed I would clock in and go to the restroom and that is the reason why he asked me about that. I stated that he had no problem with other members of the office walking in and doing that and going to smoke and do whatever, and she stopped me. Other than that, I can’t recall other objections). Were you not allowed to present a document you felt to be relevant? (I told her that I faxed a copy of the payroll document to her because I realized that it was not part of my appeals docket..she sighed heavily and did not say anything. I faxed it because the Regional Director stated that I never worked 9 hours. He said if it shows that I did I did not clock in and out properly (before payroll is submitted, he or the office manager have to approve it). I believe all other relevant documents are a part of the case file).

Why won’t anyone tell me what state they are in!! (Sorry about that..Georgia)

If you were working under miserable conditions, but your ultimate decision to quit was because when you experienced transportation problems .. you said, “screw it” this job just isn’t worth it .. maybe because they were writing you up for attendance problems due to the transportation issue .. you’re done for. (My employer testified that I had not been written up for any violations nor was my job in jeopardy. I did feel that the miserable conditions made the transportation problems not worthwhile…although the issues were not insurmountable)

So I ask you, what happened at the unemployment hearing? What testimony did you put on the record that addressed the working conditions that you felt you had good cause to quit for? (I indicated in my claim and during the hearing that my boss timed my bathroom breaks and indicated that I had been in there for too long. He admitted that he did it but only on one occasion. I also stated that I was required to skip my lunch break on days that no one was able to answer the phones because of their schedule. Either the office manager or I would answer the company phone and the regional director served as the backup if we could not do so. Throughout my tenure there (10 months) the office manager was away on vacation a lot. The regional director would have appointments or would be out of the office in the field and I was the only one left to answer the phone. He denied this even happened. I have a copy of a payroll stub that shows that I worked 9 hours one day. This did not make it into the original record as somehow it was not received. Not all of my stubs shows hours worked. They changed my job duties and it amounted to an increase in pay and I did not receive one. Finally, other members of the office were able to use unaccrued vacation time–essentially going into negative vacation time– and I was required to take unpaid time. I was the only one required to do so. I had a copy of an email from the office manager to me stating I would have to take unpaid time because I did not have vacation time. I responded and told her that other members of the staff have been able to use unavailable paid time and I would like to do the same. She said they have not knowingly allowed someone to do so. I also presented an email between her and the regional director stating that he could allow me to take negative vacation time which contradicted her email to me. These are the only issues I addressed in my claim, though there were other problems.)

Why, if you testified and proved the miserable working conditions .. was this testimony IGNORED or deemed irrelevant and only the issue of transportation deemed relevant? (The administrative officer questioned my credibility. She stated because I did not state all of these issues in my resignation letter and I said the predominant issue was transportation. I told her in the hearing that it was not the predominant reason but one of the reasons. She stated that I was just bringing these issues up at the hearing. I told her to look at the appeals docket and she would see that some of these issues were addressed with the employer directly and in all were addressed in my original claim. At this point, she became rude and raised her voice as she continued to do throughout the hearing towards me. I think she thought I was saying that she wasn’t paying close attention to the documents. Throughout the hearing she disregarded much of what I had to say and cut me off on some occasions.) Was a legitimate objection overruled? (Regarding the bathroom issue, the Regional Director stated that he noticed I would clock in and go to the restroom and that is the reason why he asked me about that. I stated that he had no problem with other members of the office walking in and doing that and going to smoke and do whatever, and she stopped me. Other than that, I can’t recall other objections). Were you not allowed to present a document you felt to be relevant? (I told her that I faxed a copy of the payroll document to her because I realized that it was not part of my appeals docket..she sighed heavily and did not say anything. I faxed it because the Regional Director stated that I never worked 9 hours. He said if it shows that I did I did not clock in and out properly (before payroll is submitted, he or the office manager have to approve it). I believe all other relevant documents are a part of the case file).

Hi All,

I’m an office manager for a small manufacturing company in WI for going on 12 years.

The owner decided to take over review of time cards in mid-Nov. deciding what hours to pay employees. He purposely comes out to discuss work with shop employees at uit time and keeps them 15-20 minutes; punched time cards show this. He writes 40 hours on the time card and efuses to pay overtime.

He recently asked to see vacation records. He didn’t understand how records show vacation hours that have been taken. He asked if reviewing the time cards would show him the details. I pulled the time cards and took a tape of my hours to show what I had taken; he was standing right next to my desk watching me. Payroll reports show I have 39.5 hours left; but when reviewing mine, he said I didn’t have any vacation left (we go from anniversary date to anniversary and mine is August 16th). Company policy (I have a signed copy) specifically states 120 hours for an employee with over 10 years. I have used 80.5 hours, have 39.5 hours left. After showing him how to add up the hours from the time cards, he stated he didn’t believe me and took the cards to review himself. When he added mine up and his answer was the same, he huffed and went out of my office.

I took off today because of sickness and will take vacation hours. If he doesn’t allow the vacation pay stating I don’t have any left, what is my recourse?

In the past, he’s been physically abusive with me … pushing, shoving and poking — unfortunately without a witness. An employment attorney told me that because I didn’t file an assault charge and even though I had documented details, I don’t have any case. He said a boss could do anything they wanted to do. He informed me if he touches me again, I should call the policy and file an assault charge.

The bpss is constantly verbally abusive and derrogatory to me. Besides doing what I’ve stated above, he charges personal items to the company charge card and pockets money given to him by customers for small projects.

I am trying to wait out being laid off or fired as I bring up anything he does that isn’t legal. I don’t know how much more I can take. I do go to counseling to help deal with this work situation. I’m going to be 61 in June and know I will take Social Security at 62 and retire (if I make it that long). I’m financially OK if I have to cover my monthly expenses from now until June of 2012 if I have to. I would really like to quit and be able to collect UC. I know it’s extremely difficult to collect UC if you do quit. I do have copies of time cards and have kept a detailed log of incidents and activities since I’ve worked at this company.

Any suggestions of who to contact about the above illegal activities? Can I contact whatever agency while I’m working at this company? If so, that might be enough to cause this owner to fire me.

Deb

This is where I would start investigating the employers actions with regard to violation of overtime standards.

Wisconsin Labor Standards Bureau

Hello All,

After my first post in October of 2010, I received notice (4 weeks later) that my employer was appealing the decision to the Unemployment Appeals Commission. Today, almost 4 months later, I received notice that the referee’s decision was affirmed meaning that the decision to award my unemployment benefits during my initial appeal stands. Whew! What a relief. Now my ex-employer has 30 days to appeal for a judicial review (which costs money so I don’t think they will do it)but you never know they might hate me that much. I am keeping up with this thread so that if anyone goes searching they will hopefully find answers and maybe comfort in my story. So here’s a general outline of whats happened so far:

1. I quit my job in June of 2010 due to lack of resources and hostile work environment.
2. I filed for unemployment and legal aid the day after I quit. (I started the legal aid ball rolling just in case I might need to appeal I thought it would be highly likely due to the fact that I quit)
3. In July I received notice from unemployment that my benefits were denied.
4. In August I filed an appeal on the grounds that I was constuctively discharged (in other words my job was so horrible that any person in my position would have quit and therefore not my fault).
5. My hearing was set for late august but due to the fact that my witnesses were not able to be subpeoned so quickly it was postponed for September.
6. On the September hearing date the hearing was again postponed due to the fact that none of the parties involved had received a notice of hearing and some of my witnesses were still missing subpeonas. So with my legal representative on the phone the adjudicating officer called my ex-employer and everyone agreed on a date for October.
7.The hearing took place over the telephone in October details are in the first post of this thread.
8. In November I received a notice of docketing from the Unemployment Appeals Commission stating that my ex-employer had filed an appeal and attached to it was a statement from my ex-employer and about 20 pages worth of documents that they had not produced during the hearing. My legal representative wrote a brief for me objecting to the intake or review of any documentation not presented during the initial hearing.
9. Waited 4 months and today affirmed. Yay!
10. Hope this Helps.

By the way, if you get a letter back that says something like modified in favor of the appellant it means you won (if you are the one that filed the appeal). On your second appeal, if the letter states that the referee’s decision was affirmed it means you won again. Thank you Jesus! God Bless everybody.

DS

I quit my job on 2/23/11. Walked out. I had worked for a husband and wife team (no other employees since 2008) for 6.5 years and endured the last several years with the Mr. screaming, yelling profanities, etc. at me. I am 5.1, he is 6.3 almost 300 pounds, former law enforcement. The day I quit, I honestly thought he was going to hit me.

Long story short – I was called by the representative for the State of Florida and had to answer questions as well as explain what I did to try to keep my job. This was on 3/14, my first check was cut on 3/15. Today, I received notice that they have appealed this decision. His response was full of bogus personal things, nothing to do with why I quit – then the last sentence just says that I am lying – there was no co-worker problems. EXCEPT. . .he called me @ 45 minutes after I quit and wanted me to come back – said that they will work something out – so that I just work for his wife and won’t have to have any contact with him. If he was not a problem, not causing me distress and emotional duress – WHY would he offer me the ability to work for just her? That is really all the evidence that I can supply as the Mrs. is an attorney and he is a Financial Advisor. I know that most if not all of their clients would attest to the fact that I did a great job and was always the one to assist them – but legally, I don’t think it would be wise to involve them.

I have hired an attorney and she does not think it will be a problem – but I am truly worried. I need this U $ until I can find another job (and it is not easy).

Worried in Florida!

Hi Worried,

You did the right thing .. you hired an attorney .. and as long as she is experienced at unemployment hearings .. you should be good to go.

The advantages of having someone represent you are endless in my opinion .. especially if the employer relies heavily on managing by intimidation and is willing to lie under oath ..

A good rep can often expose less than stellar qualities or catch them in contradictions to discredit testimony they do offer ..

And the biggest advantage of all is you do not have to deal with cross examining that person .. which can be terrifying and/or irritating to have to listen to the lies.

Regardless of what official unemployment websites claim .. I think that there are few unemployed claimants able to represent themselves well enough nor do they have the knowledge as to how to protect their a right to further appeal if necessary.

I wish you good luck and be sure to come back and let me know how it turns out.

I’m sure it will be turn out fine if you have an good attorney and one experienced at unemployment.

Chris

PS .. my work experience was that employers are usually the ones to appeal most often .. so that does not really surprise me .. it just annoys me .. when it’s a frivolous appeal.

Hello All,

Just keeping up with this thread in case anyone comes looking. Well the 30 days have passed and it seems that my ex-employer has opted not to go to judicial review. I keep checking the court of appeals docket online. Hopefully the UC nightmare is over. God Bless.

DS

I wrote a resignation letter to unemployment now I need to appeal it. I’m in the state of Illinois. I will like to know what can I do to win the cause. First, I was getting my unemployment from my fulltime job I got laid off from then I had a part-time job and that is were I wrote the resignation letter and now unemployment is trying to make me pay because of my part time that was only 17 hrs a week.Can you please help me?

No, not here in this thread .. your question is irrelevant to this thread.

Try using the search bar. “quitting a part time job subsequent to filing a claim for unemployment benefits.”

Hi everyone

I just quitted my job last week and now just started to receive a determination on my claim (Michigan)
Actually i was forced to resign. I was a unit manager for 7 years with good performance.
About 3 weeks before the day I left, I finally made the former complaint to my bosses and HR about being harassed by relative, caused the work hostile environment. I’ve been yelled, pointed at face, bullying and more by this guy who is one of a manager with me, also his daughter was an employee. They’ve been bullying other at workplace for years, made up the stories to make people afraid to lose job and hate each other.
In 2009, i was on vacation, and these 2 planed to get rid of me by making a petition letter and forced/ asked other at work to sign, to remove me out, by telling that it’s been approved by boss (GM). nothing really resolve.
I tried to forget as I knew he’s been protected by boss
In April 2011 (and also the end of Dec2010)He had the anger problem, and put me in the very small office, and yelling & pointed finger to my face, I had to ask him to open the door, and said I was afraid at him& shaked) I immediatly called my boss. He came but I didnt think he took my fear seriously. (this boss’s kinda friend with his screaming guy). and His daughter always helped dad by running untruth stories abut me to other employees, mopping sides.
Well, the end was,after I reported to my direct HR. He ignored me again, so I had to make complaint and forwarding all documents from employees(some be detroyed when I gave to a boss) to Co-company HR as the harassment case. She investigated for 2 weeks, then
Their resolve about me, was I got written-up for misconduct to work ineffectively relationship with those employees and Immediatly removed me out from my Unit to another. I told them that I didn’t agree to sign that paper, they said I had no option or resign. They said to move me was the better future for me but why didn’t do before or after when it wasn’t at the situation i filed on harassing case(no answer).and it seemed they demotion me, not for better because another Unit already have a Unit manager. They also said, the investigation was many good things about me but they felt The unit needs a CHange. So they wrote me up and move? and remain the guy the same position. I asked if my 7 years helping open up the unit was very hard work and good, they agreed i did good job.
So i had no choice to quit at the moment. I was so so fear and got emotion abuse. My another boss wanted to put the image on me by saying “it’s my personel problem”, they already planned this and They never say a word of the resolve to my harassment case.
Should I find the lawyer?or wait? Should I keep going on my benefit? Please suggest me

Michigan Advocacy services for the Unemployed

I had knee surgery in April, undetermined disability/recup period, 2 weeks later they needed someone to do my job, small office, they couldn’t find a temp, my employer called, said it was one of the hardest things he’s had to do, been there 23+ years, let me go to hire someone to start that day, someone I have known, worked with, and liked for years, actually I’m convinced our 3 years new office manager had planned for years, another co-worker had foot surgery the week after my surgery, she wasn’t as needed as I was, no problems with her being out almost a month. I offered to do my work from home, computer enabled, b*t*h o.m. replied “they don’t want you to do that” as I had for about a year after a new computer system made a mess of our office. Employer sent me a nice letter explaining the situation, after20+ years we are still a close group except for ms o.m. next: appeals hearing, our state, (CA) IS REALLY PISSING ME OFF

Clarify please. An undetermined amount of time to recoup from knee surgery might not make everyone totally disabled or incapable of performing an non-physical job.

Some surgeries and even being disabled only exclude a person from certain functions of a job.

Therefore, is a restricted release back to work.

What has your doctor restricted you from ..

All work or only certain physical activities?

Does this employer ever allow anyone to work from home?

Hi, following my surgery I was ordered to refrain from weight bearing on my left leg. Hobbled around on crutches/walker, for several weeks, or with leg iced & elevated. I was restricted from driving, and was medicated by three different pain meds. “Sorry, bad news. I have someone that can start today. If it doesn’t work out, you have first dibs @ the job”. Several days later, following Dr. post-op’s & physical therapy appts, I was cleared to return to work. Between surgery & final post-ops I was not asked when I would be able to return to work. No questions, just “bye”. And, January to February 2007, I worked from home, in addition to overtime at work, following a major awful transition to a new software program. Thanks for your comments, very appreciated.

I’m sorry, I’m not only sitting in the dark in my basement, but I just got through reading your shorthand and I’m in the dark as to what it is you are asking about.

Care to communicate?

hello
i am trying to find out if i will be able to collect unemployment benefits in FL, even though i quit my job, you see i was working for my girlfriend parents for 2 years but then we had a bad break up recently and her parents and brother are getting involved, with my personal affairs, and i know i just will not be able to work for her dad any more, with her being his yougest child and only daughter….any advice anyone?

Did you already quit? How can you prove to the unemployment people that the reason your job ended was your bosses fault? This is the bottom line and if you haven’t quit yet you still have time to gather your evidence. In my case I spent half a year doing everything I could to preserve my job and I had the paperwork and witnesses to prove it. Did I have conflicts with my boss?…Yes I did but that is not what won my case because technically your boss is allowed to be a jerk to you. Did my bosses impede me from doing my job to the extent that if I continued it would have caused harm and injury to myself and the people under me causing me to make a descision to leave my employment…Again yes and that is what I had to prove and did that even though I quit, it was my bosses fault and any reasonable person in the same position would have done the same. If you are still working there try to stay untill they fire you. If you absolutley have to quit to save your sanity (believe me I totally understand) then please prepare yourself and know what you’re up against. I’m not saying that its impossible to get unemployment after quitting because I am living proof that you can, I am saying the road is hard. I hope this message helps a little.

DS

i won my unemployment appeal after walking out of my job. And my attorney didn’t even come to the hearing. I had proof of everything. I was so scared going alone to the hearing. But the judge awarded me unemployment. I also won my sexual harassment lawsuit . It pays to jot everything down and take pictures if u can. Its been a long journey but i came out on top. I feel good that i can put all of this behind me and move forward.

Hi,

Documentation is like the nails that hold everything together.

Way to go!!

My reason for quitting is because I was written up as a final for having my interoffice email open for 16 seconds while i was on a call.

My supervisor didnt like me for some reason and I got this feeling because I was getting written up constantly therefore feeling harassed.

I appealed the desicion of denial went to the court. It took 5 weeks for me to get the desicion. Now I wait for payment of 13 weeks.

What a relief that the company isnt going to get away with treating employees the way they have.

Not only did I win, but the company is charged.

If you feel in your gut that you are right go with it and fight. Not for the money if you need it, but for the principle of what’s right.

I got very lucky because all I had was my word. No documentation at all. But I told the truth and nothing but.

At court there were 4 of them and one of me.

I sat there and watched them throw each other under the bus. I knew I was right and I wasn’t going to stop fighting the company until I couldn’t anymore.

I hope this helps some of you still able to fight.

Great job!

I concur, fighting on principle is what employees need to do more often than just giving up.

And yes, I do think you were very lucky .. but it’s not really luck when you understand when to be quiet and let the other side prove your point either.

So, the luck came in the form of the employer witnesses being ignorant enough to testify to many things that helped you win a difficult case to win .. a quit in anticipation of being discharged.

It must of been something to hear when they were throwing each under the bus for why you quit.

You must of also had something not everyone can count on having for an unemployment hearing ..

A very special type of person as your hearing officer .. someone who takes seriously that they are in fact, mandated to arrive at their decision fairly and impartially.

Way to go ..

Chris

I recently was discharged because I did not have alternate transportation to get to work after my car broke down. I was discharged after 3 months. I followed company policy and called in each day on the automated call in line. On the day of my discharge I received a voicemail stating that I had been terminated but no specific reason was given. I filed for unemployment benefits and was denied. I appealed and was denied again. I would like to appeal again but not sure to go about doing it. Any tips you can provide. I am in the state of Ohio. How am I denied when the vehicle I have broke down ” beyond my control” ?

Hi ..
Your discharge sounds as if it should have been for excessive absenteeism or generically speaking, repeated violation of the employer’s acceptable attendance policy.

Transportation issues may be beyond the control of an employee, but resolution of the problem is still not going to be found to be the responsibility of the employer, at least not most of the time and in most states .. save two possibilities with a provision in law about transportation issue sometimes being good cause to quit.

In the same vein about a responsible party, why would anyone think it’s reasonable to think an employer should foot the benefit bill, by having to pay a higher unemployment tax rate (which is how states recoup benefits paid when fault can be assigned to an employer)?

Wanting to appeal again to a board of review, or possibly to a first level tribunal hearing (because it’s Ohio and it’s incessant requirement to issue claim redeterminations(is in my opinion an exercise in futility to argue that calling off somehow shifted the fault to your employer to hold your job open for you .. indefinitely, let alone the three months you couldn’t resolve your broken down car issues, or find a reliable alternative for getting to work each day, as you agreed to work for the employer .. when you accepted this job.

Chris – Unemployment-Tips.com

So I love this site. I just received letter of denial of unemployment and have requested hearin and it’s so hard for me to understand my situation so I thought I’d share and get some opinions from others. My employer back in October broke down a little to me told me that he didn’t have a real good childhood that his mom was a drug addict. He moved around a lot and he didn’t trust people. In December we all got word that he was moving his mother from Tennessee to Oregon. We all wondered why. He said was to keep an eye on her. 3 weeks after she arrived my employer’s left on vacation which I’m manager in charge when they are gone. The first day they were gone is wind everything changed. I was advised by owners that if owner’s mother had an issue with a certain employee that employee was to stay home until they returned. Of course they won that happened. I did try to get her to let me talk to employee and maybe we can figure something out because teamwork is so important in our business as servers. Also advised her to let her son know what was up if she had talked to him. Next day I got work this employee was working the night shift with me I asked the mother if she had talked to her son she said no again if she would like me to sit down with both of them try to figure out something her reply was she working with the FN b****. And to do my effing job as manager. Which caught me off-guard a little I took employee outside explain the situation she left without incident. Owners mother’s first comment was one down you’re either with me or against me which was heard then mother pointed at another server said that one’s next. Following night made that employee​refuse to work until employers returned. 2 Days Later Weil’s closing Mother​ asked me and another employee if we could get her drugs. She’d been drinking most the night at the bar and was obnoxious and she wouldn’t stop ons this.then she started on me.i finally had enough notified employers was asked please make till they return. I said under one condition. Keep her upstairs. One employer said take day off 4 hours later told by mother’s son I was not to return under any circumstances. Was not notified when they returned. Employee I had told to stay home called said state verified employment. Was told she quit walked off job.abi h my written notice proved which I received text saying they didn’t leave me in charge left no one another employee showed text she received that I was suspended for week for fighting not true. In a week including myself 4 people left. I left because of fear of being held accountable for laws being violated and manager. As well as my professional relationship could not go back nor would I risk.i now getting ready for appeal