What is the name of your state (only U.S. law)? Oklahoma
Originally, my unemployment claim was denied based on a resignation paper I wrote and signed, prior to what I believed to be certain termination. Since then I appealed the Unemployment Rep's decision, and have a telephone hearing scheduled in the near future.
I appealed on the grounds that my work enviroment was hostile, and that it was in retalliation of my complaining to an HR manager in writing, which I have faxed to the appeal tribunal. I was told it would be better to resign, so I would be eligible for rehire, and so it wouldn't be job abandonment. The reason I was to be terminated was for attendance issues.
This is how the attendance policy worked. You receive a quarter point for each late. I had 1 more quarter point before I would be terminated, on my last day, I was technically late. However, only by 4 minutes. (note I received a late for 4 minutes the previous day which resulted in a quarter point) However, I was in the building and in my seat on this very day, and even swiped in at the door with my badge 15 minutes early...however you are unable to log in to your time card until a computer fully loads. It can take up to ten minutes to find an available seat, and up to ten minutes to load a computer if it is powered off, which mine was.
I spoke to a supervisor about my resigning in lieu of termination, and gave them ample time to tell me I wouldn't be terminated, however no one did.
My employer told the Unemployment Rep. that I quit voluntarily, and was at no risk of losing my job. However, the evidence they submitted showed that they documented that 4.00 minute late, and put an "exclude" next to it, before faxing it off to the unemployment office. I used that document as evidence to my claim, noting that there was an "EXCLUDE" next to that late for 4.00 minutes, but not for the prior day that was 4.00 minutes.
This was 2 days after I complained to HR that I was being harassed and belittled by my boss.
I believe I was tricked into quitting.
You guys think I have a chance?