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Need some help regarding being "fired" and unemployment
I am a regular poster but need to remain anonymous. Sorry!
I worked at my job for MANY years. Recently, I was on FMLA for a leave of absence. I asked my work to extend for another month due to a totally unrelated situation and unforeseeable (it happened il 2 weeks before I was due to come back). They told me only another 1-2 weeks. The thing is ... I really tried to make it work but I cannot go back until Oct. 15. They sent me a letter that if I don't go back to work on Oct. 1 I will lose my job. During those last 2 weeks, we have been doing "verbal" communication on my progress on resolving my personal situation. Their reason, is that my group is understaffed, not fair to my co-workers, etc.. so I need to go back.
They will hire someone totally new and take someone from my work (already overloaded with work) to train that person. In addition, there is no way this person can do my job (or my co-worker's job in 2 weeks). I am so disapointed. Especially when they have worked with other people.
So.... I will lose my job.
Am I eligible for unemployment?
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Posted 9/26/07 5:15 PM  |
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JenniferEver
The Disney Lady
Member since 5/05 18163 total posts
Name:
Jennifer
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Re: Need some help regarding being "fired" and unemployment
I'm sorry about all of this.
I think you would be eligible for unemployment because you would not be fired for misconduct.
Have you spoken with a lawyer about the legality of what they're doing? I'm not sure what your situation is, but you never know..
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| Posted 9/26/07 5:17 PM |
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itkocak
Member since 7/07 7639 total posts
Name:
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Re: Need some help regarding being "fired" and unemployment
Message edited 11/11/2011 7:16:40 PM.
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| Posted 9/26/07 5:22 PM |
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CookiePuss
Cake from Outer Space!
Member since 5/05 14021 total posts
Name:
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Re: Need some help regarding being "fired" and unemployment
I don't believe you will be granted unemployment because the company had grounds for termination based on your conduct. They held a spot for you as legally required but they don't have to grant you an extended leave.
I don't necessarily agree with what happened to you though. I hope things turn around soon.
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| Posted 9/26/07 5:22 PM |
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CookiePuss
Cake from Outer Space!
Member since 5/05 14021 total posts
Name:
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Re: Need some help regarding being "fired" and unemployment
Posted by imthekevinofcindyandkevin
You can file. It's up to your employer whether or not they fight the claim.
I would do this as well.
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| Posted 9/26/07 5:23 PM |
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JenniferEver
The Disney Lady
Member since 5/05 18163 total posts
Name:
Jennifer
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Re: Need some help regarding being "fired" and unemployment
You can still get unemployment though, even if you were fired for a reason. It's only when there's gross misconduct (stealing, etc) that the employer will fight and win. Her inability to meet the requirements of the job should not prevent her from successfully filing an unemployment claim.
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| Posted 9/26/07 5:24 PM |
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Re: Need some help regarding being "fired" and unemployment
I just wrote them a letter reminding them that a co-worker was on an off work (up to 11 days per month) during the spam of several months. They worked with her until she was "forced" into FMLA.
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| Posted 9/26/07 5:27 PM |
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luckysmom
Yes it is! Going as planned:)
Member since 6/07 5339 total posts
Name:
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Re: Need some help regarding being "fired" and unemployment
I'm sorry to hear this. You should get your unemployment without a problem. Unless they fight it, it will just take longer but you shoudl get it
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| Posted 9/26/07 5:29 PM |
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CookiePuss
Cake from Outer Space!
Member since 5/05 14021 total posts
Name:
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Re: Need some help regarding being "fired" and unemployment
Posted by JenniferEver
You can still get unemployment though, even if you were fired for a reason. It's only when there's gross misconduct (stealing, etc) that the employer will fight and win. Her inability to meet the requirements of the job should not prevent her from successfully filing an unemployment claim.
She/he refused to return to work after leave and that is legitmate grounds for termination. You can file but the company can contest since it raises their rates. But I'm not in HR but this might help...
NYS Unemployment
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| Posted 9/26/07 5:30 PM |
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Re: Need some help regarding being "fired" and unemployment
Dumb me... I never collected unemployment in my life. I did not even know they could fight it.
What would be their ground for refusing?
I have made allegations in my last letter that they worked with one of my co-worker but not with me.
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| Posted 9/26/07 5:32 PM |
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JenniferEver
The Disney Lady
Member since 5/05 18163 total posts
Name:
Jennifer
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Re: Need some help regarding being "fired" and unemployment
Posted by shamrock124
Posted by JenniferEver
You can still get unemployment though, even if you were fired for a reason. It's only when there's gross misconduct (stealing, etc) that the employer will fight and win. Her inability to meet the requirements of the job should not prevent her from successfully filing an unemployment claim.
She/he refused to return to work after leave and that is legitmate grounds for termination. You can file but the company can contest since it raises their rates. But I'm not in HR but this might help...
NYS Unemployment
This is kind of a different case though because she has a legitimate reason and she's not refusing to come back, she can't make it back in time. I think it's definitely worth a try and a fight.
FH was on unemployment awhile ago after being fired and his employed fought and appealed and fought, and FH won in the end.
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| Posted 9/26/07 5:34 PM |
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Re: Need some help regarding being "fired" and unemployment
Posted by shamrock124
Posted by JenniferEver
You can still get unemployment though, even if you were fired for a reason. It's only when there's gross misconduct (stealing, etc) that the employer will fight and win. Her inability to meet the requirements of the job should not prevent her from successfully filing an unemployment claim.
She/he refused to return to work after leave and that is legitmate grounds for termination. You can file but the company can contest since it raises their rates. But I'm not in HR but this might help...
NYS Unemployment
I informed them before I was due to return in a certified letter. They mentioned telecommuting but then retracted. Of course, all of this was verbal and they told me the "working it out" would remain verbal. I stated all our telephone conversation in my last letter.
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| Posted 9/26/07 5:34 PM |
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CookiePuss
Cake from Outer Space!
Member since 5/05 14021 total posts
Name:
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Re: Need some help regarding being "fired" and unemployment
Posted by mustremainsecret
Posted by shamrock124
Posted by JenniferEver
You can still get unemployment though, even if you were fired for a reason. It's only when there's gross misconduct (stealing, etc) that the employer will fight and win. Her inability to meet the requirements of the job should not prevent her from successfully filing an unemployment claim.
She/he refused to return to work after leave and that is legitmate grounds for termination. You can file but the company can contest since it raises their rates. But I'm not in HR but this might help...
NYS Unemployment
I informed them before I was due to return in a certified letter. They mentioned telecommuting but then retracted. Of course, all of this was verbal and they told me the "working it out" would remain verbal. I stated all our telephone conversation in my last letter.
I certainly hope it works out for you. 
I'm just playing devil's advocate and based on the information you provided, you had already exhausted FMLA so the employer has no obligation to hold a spot for you.
Not knowing the whole story, based on what you are saying, it s@cks and seems very unfair.
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| Posted 9/26/07 5:37 PM |
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Re: Need some help regarding being "fired" and unemployment
I was on maternity leave and the daycare I had picked it HORRIBLE with multiple serious violations. Still unresolved. It happened just before I was due to come back.
I told them I did not have anyone to watch DC. I looked everywhere and found another place but not until Oct. 15. (we all know LI's daycare situation on LI). They know I want to come back, then know I have a place for DC. They just don't want to do on "principles".
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| Posted 9/26/07 5:42 PM |
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Christine
2nd verse same as the 1st
Member since 5/05 15287 total posts
Name:
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Re: Need some help regarding being "fired" and unemployment
Not having childcare makes you eligible for unemployment. A co-worker was in a similar situation and it was granted.
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| Posted 9/26/07 5:44 PM |
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CookiePuss
Cake from Outer Space!
Member since 5/05 14021 total posts
Name:
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Re: Need some help regarding being "fired" and unemployment
Posted by mustremainsecret
I was on maternity leave and the daycare I had picked it HORRIBLE with multiple serious violations. Still unresolved. It happened just before I was due to come back.
I told them I did not have anyone to watch DC. I looked everywhere and found another place but not until Oct. 15. (we all know LI's daycare situation on LI). They know I want to come back, then know I have a place for DC. They just don't want to do on "principles".
That seems completely unfair. I know what your going through as I just had a situation with daycare too.
When do they want you back by? Is there anyway to go back for one day and they use some sick time? Will they do flex time for a week or two?
I would be completely willing to help out as we may have already met at a GTG. I have off Tues & Thurs and I'm sure my sitter would watch an extra child on Fridays.
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| Posted 9/26/07 5:51 PM |
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CookiePuss
Cake from Outer Space!
Member since 5/05 14021 total posts
Name:
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Re: Need some help regarding being "fired" and unemployment
Posted by Christine
Not having childcare makes you eligible for unemployment. A co-worker was in a similar situation and it was granted.
That is good to know!
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| Posted 9/26/07 5:51 PM |
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SweetTooth
I'm a tired mommy!
Member since 12/05 20105 total posts
Name:
Lauren
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Re: Need some help regarding being "fired" and unemployment
I believe you would get unemployment. There is no way they can work with you - maybe letting you work from home, for the two weeks?
Do you have an HR dept that you can talk to (if you haven't already)
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| Posted 9/26/07 5:52 PM |
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mitabtrfly
Member since 12/06 2770 total posts
Name:
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Re: Need some help regarding being "fired" and unemployment
Posted by imthekevinofcindyandkevin
You can file. It's up to your employer whether or not they fight the claim.
Yes you can file and you will get it. I know someone that this happened to and she collected.
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| Posted 9/26/07 5:53 PM |
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nov04libride
big brother <3
Member since 5/05 14672 total posts
Name:
Me
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Re: Need some help regarding being "fired" and unemployment
Posted by shamrock124
Posted by Christine
Not having childcare makes you eligible for unemployment. A co-worker was in a similar situation and it was granted.
That is good to know!
So this means anyone who chooses to be a SAHM after working before the child is born is eligible for unemployment? If they say they will eventually come back once the daycare is settled?
I'd make every effort to find a daycare for Oct. 1. Have you asked for recommendations on here? I know my SIL minds children out of her home and would take on children for a couple weeks, and I am sure other SAHMs on LIF would also be willing to aid for a couple weeks for pay. Even if you do fight and they wind up giving you the couple weeks, things will be tense when you go back.
Message edited 9/26/2007 6:51:58 PM.
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| Posted 9/26/07 6:51 PM |
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MrsFlatbread
Skinny jeans are in my future
Member since 6/06 10258 total posts
Name:
Baby Momma
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Re: Need some help regarding being "fired" and unemployment
let them fire you...you will have more trouble getting unemplyment if you quit
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| Posted 9/26/07 7:13 PM |
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munchkinbugs
My little loves!
Member since 1/06 8093 total posts
Name:
Lisa
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Re: Need some help regarding being "fired" and unemployment
Posted by shamrock124
I don't believe you will be granted unemployment because the company had grounds for termination based on your conduct. They held a spot for you as legally required but they don't have to grant you an extended leave.
I don't necessarily agree with what happened to you though. I hope things turn around soon.
I agree. But it doesn't hurt to file. You never know if they will fight it or not.
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| Posted 9/26/07 7:22 PM |
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Christine
2nd verse same as the 1st
Member since 5/05 15287 total posts
Name:
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Re: Need some help regarding being "fired" and unemployment
Posted by nov04libride
Posted by shamrock124
Posted by Christine
Not having childcare makes you eligible for unemployment. A co-worker was in a similar situation and it was granted.
That is good to know!
So this means anyone who chooses to be a SAHM after working before the child is born is eligible for unemployment? If they say they will eventually come back once the daycare is settled?
I would think if the intent was always to be a SAHM it would be fraud but if not being able to get child care is the reason it appears to make the employee eligible for unemployment.
This is how it happened in my office: One of our employees went out on maternity leave for 3 months and ended up resigning when she was due to come back. She filed for unemployment. HR completed the request form stating she resigned and therefore not eligible for benefits. NYS came back to us saying that she resigned because she was unable to secure childcare and that it was a reason to grant unemployment.
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| Posted 9/26/07 7:26 PM |
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nov04libride
big brother <3
Member since 5/05 14672 total posts
Name:
Me
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Re: Need some help regarding being "fired" and unemployment
Posted by Christine
This is how it happened in my office: One of our employees went out on maternity leave for 3 months and ended up resigning when she was due to come back. She filed for unemployment. HR completed the request form stating she resigned and therefore not eligible for benefits. NYS came back to us saying that she resigned because she was unable to secure childcare and that it was a reason to grant unemployment.
This just seems so wrong to me. I am all for supporting women in the workplace, and I have a master's in HR and teach HR grad classes, but I can see why people are hesitant to hire women if the company winds up being the ones paying because people can't (or won't?) find daycare. Someone resigns because she doesn't feel that she found suitable daycare and the company has to pay her? It just seems so backward. This is not related to the case of the OP, but to this last case where the person resigned.
Message edited 9/26/2007 7:31:04 PM.
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| Posted 9/26/07 7:30 PM |
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Christine
2nd verse same as the 1st
Member since 5/05 15287 total posts
Name:
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Re: Need some help regarding being "fired" and unemployment
Posted by nov04libride
Posted by Christine
This is how it happened in my office: One of our employees went out on maternity leave for 3 months and ended up resigning when she was due to come back. She filed for unemployment. HR completed the request form stating she resigned and therefore not eligible for benefits. NYS came back to us saying that she resigned because she was unable to secure childcare and that it was a reason to grant unemployment.
This just seems so wrong to me. I am all for supporting women in the workplace, and I have a master's in HR and teach HR grad classes, but I can see why people are hesitant to hire women if the company winds up being the ones paying because people can't (or won't?) find daycare. Someone resigns because she doesn't feel that she found suitable daycare and the company has to pay her? It just seems so backward. This is not related to the case of the OP, but to this last case where the person resigned.
I agree with you -- I was pretty surprised when I found out you can resign and still be eligible for unemployment. I actually thought it was ballsy of her to apply in the first place since she chose to resign.
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| Posted 9/26/07 7:37 PM |
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