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denied unemployment because boss lied

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justinm4529

Junior Member
What is the name of your state? FL

i worked as a cook in a resturaunt. i worked there for about three years. one day i accidentally missed a shift due to a schedualling misscommunication. after finding out about this, i call my job to explain the situation and make sure everything was allright. as it turns out, i was still on the next weeks schedual, but with zero hours. the owner of the store explained to me that he would be discussing the situation with the other managers and would be in touch with me. after a few days pass i call back there to find out that i had been terminated. after applying for unemployment i found that i was denied because my boss told the unemployment office that i quit. i think the official term he used was "job abandonment" this however is not the case. i wanted and needed my job. now im sure my boss in the frame of mind that, just by me not showing up to work, that i was quitting. but after serval attempts to try to talk it out, and me stil being on the schedual for a week with no hours, i cant concieve how this guy can get away with saying i quit. i have a meeting with him tomarrow to disscuss the situation before actually putting in an appeal.

please tell me what would be the best way to go about this? im very sure that if i thoroughly explain how illegal and unethical this is, my former boss will cave.
 


cbg

I'm a Northern Girl
You didn't show up for a shift - that can easily and legally be called job abandonment even if it was not intentional.

The boss didn't lie - you didn't show up when you were expected to.

The best way to go about this is to humbly apologize for your part in the miscommunication, not to accuse the boss of illegal and unethical behavior when it was neither.
 

Beth3

Senior Member
im very sure that if i thoroughly explain how illegal and unethical this is, my former boss will cave. And I'm equally sure that if you accuse the boss of behaving illegally and unethically, he'll show you the door pronto.

1) Nothing illegal occurred, and 2) I don't see that anything unethical occurred. There apparently was a miscommunication regarding your work schedule. The boss may have over-reacted in concluding that you'd quit when you didn't show up but that's all that this is. If you want your job back, I suggest you apologize to the boss for missing your scheduled shift, explain it was only a miscommunication, and see if he'll rethink his decision.
 

Gadfly

Senior Member
Do your really want to go back to work with a boss who may not look favorably on you?

Good cooks are hard to find. Ones that show up to work are even harder. If you are a good, reliable cook finding a new kitchen should be a breeze.
 

xylene

Senior Member
I don't see that anything unethical occurred.
He missed a shift.

The boss suspended him indefinitely...

And then using him not showing up for work as cause for claiming job abandonment. Of course he wasn't at work, he was suspended. :rolleyes:

This employer could have fired him on the spot, playing games doesn't change that he was terninated.

If claiming job abandonment for an an employee who is on indefinite suspension is ethical, what exactly would this employer need to do to fall below your ethical bar?

L I M B O !!!


----------------

PS: State of FL defines job abandonment as 3 consecutive no call no show. Days on suspension don't count.
 
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Beth3

Senior Member
If claiming job abandonment for an an employee who is on indefinite suspension is ethical, what exactly would this employer need to do to fall below your ethical bar?

Where are you coming up with they fired him for not showing up to work because he was suspended? The poster didn't say that. He was fired because he didn't show up to work on a day he was scheduled to work.

State of FL defines job abandonment as 3 consecutive no call no show. Days on suspension don't count. Care to provide your cite on that? There are no laws in any State that dictate how long an employee must be AWOL before an employer may terminate for job abandonment.
 
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xylene

Senior Member
Where are you coming up with they fired him for not showing up to work because he was suspended? The poster didn't say that.
He was fired. He Missed A (one) shift. THAT IS NOT JOB ABANDONMENT. Officially terminating him after suspending him is not job abandonment.

Perhaps you should revist his words.
The poster clearly states
justinm4529 said:
i was still on the next weeks schedual, but with zero hours. the owner of the store explained to me that he would be discussing the situation with the other managers and would be in touch with me.
I've worked before... and that sure sounds like he was under a suspension of an unfixed period. What is that called? Indefinite suspension.

Beth3 said:
He was fired because he didn't show up to work on a day he was scheduled to work.
That right. He was fired.

But this isn't a question where the guy just needs to be dismissed with the standard at-will brush off. Beacuse as much as it makes your HR bones squirm - this is an unemployment issue. And this employers conduct has one purpose - to eliminate their cost from the ex-employees unemployment claim.

Putting him on suspension for a few days before formally severing his employment does not make it job abandonment . That's why its unethical.

And you didn't answer my question. Because I'd really like to hear your theory on how the conduct the OP discribes is ethical.
 

fairisfair

Senior Member
He was fired. He Missed A (one) shift. THAT IS NOT JOB ABANDONMENT. Officially terminating him after suspending him is not job abandonment.

Perhaps you should revist his words.
The poster clearly states


I've worked before... and that sure sounds like he was under a suspension of an unfixed period. What is that called? Indefinite suspension.



That right. He was fired.

But this isn't a question where the guy just needs to be dismissed with the standard at-will brush off. Beacuse as much as it makes your HR bones squirm - this is an unemployment issue. And this employers conduct has one purpose - to eliminate their cost from the ex-employees unemployment claim.

Putting him on suspension for a few days before formally severing his employment does not make it job abandonment . That's why its unethical.

And you didn't answer my question. Because I'd really like to hear your theory on how the conduct the OP discribes is ethical.

His fight is with the unemployment office, and he should appeal their decision.
 

Beth3

Senior Member
He was fired. He Missed A (one) shift. THAT IS NOT JOB ABANDONMENT. Officially terminating him after suspending him is not job abandonment.

Perhaps you should revist his words.
The poster clearly states


I've worked before... and that sure sounds like he was under a suspension of an unfixed period. What is that called? Indefinite suspension.



That right. He was fired.

But this isn't a question where the guy just needs to be dismissed with the standard at-will brush off. Beacuse as much as it makes your HR bones squirm - this is an unemployment issue. And this employers conduct has one purpose - to eliminate their cost from the ex-employees unemployment claim.

Putting him on suspension for a few days before formally severing his employment does not make it job abandonment . That's why its unethical.

And you didn't answer my question. Because I'd really like to hear your theory on how the conduct the OP discribes is ethical.

I don't know why you're getting so argumentative. I never suggested that I agreed with what the boss did. Assuming the poster was an otherwise good and reliable employee, I sure wouldn't have fired him for one missed shift, particularly when the issue was a misunderstanding. However placing the employee on suspension while the employer contemplated what they wanted to do regarding the missed shift is not unethical. There's no point in debating that further as that's a matter of opinion.

Yes, I understand that it's a UC issue. The State will determine whether this situation constitutes job abandonment and whether they will grant UC benefits. Again, assuming the employee has otherwise had good attendance and hasn't had any prior incidents of no call/no show, then I fully expect that the State will rule in the posters favor.

Now give me a break, will ya? You're attributing meanings and motives to me that aren't there.
 

Gadfly

Senior Member
He missed a scheduled shift. That's enough to let him go. Besides, we don't know his history or anything else. Fl is an at will state just like most other states. They don't need a reason to let him go anyway.
 

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