Fired or quit?

[buster94]

What is the name of your state? PA

My mom worked as an aide to children with disabilites on a school bus. She was employed by the bus company with approval from the district. She was there for 7 years without incident.

She had been having trouble with the driver since Sept. The driver had been giving my mom a hard time, correcting her when she worked with the kids, etc. When they were alone, she'd have discussions with my mom about her sex life, and would get angry when my mom (65) didn't want to hear it. My mom attemped to talk to the lot manager several times, but he was never available to her. Either he wasn't in the mood to talk or he was out.

Last week, my mom was on the bus and the driver left her 4 year old there with my mom. He wanted to start the bus (the driver let him several times), my mom told him he could not, and he started yelling. The driver came onto the bus and started screaming at my mom and got in her face. My mom left the bus and went to the office to talk to the boss, who was not there. She told the office manager, who was left in charge, that she needed to leave and the mgr said ok.

When my mom got home, she caller her boss twice to tell him what happened. He called her several hours later and told her that he already spoke with the bus company's manager and the district's person and they fired her. No one spoke to her about the incident or wanted to take a report.

Now she is being denied unemployment benefits because the company says she walked off the job. Does she have any recourse?

 

[seniorjudge]

She needs to tell her side in the unemployment hearing.

I do have to warn you though that this hurts her case: "...She told the office manager, who was left in charge, that she needed to leave and the mgr said ok...."

 

[buster94]

Thank you for your reply, senior judge.

In hindsight, my mom knows that she shouldn't have left the lot. She said that she was afraid the driver would hit her, which is why she left the bus and then the lot when her boss was not around. I don't imagine that would help any, since she did leave the premises.

What can she do that might help her case? Without fabricating evidence, of course.

 

[buster94]

Thank you for your help, seniorjudge. Turns out that my mother doesn't need to file an appeal. When she applied for UC, she spoke with someone in the office who immediately took her statement and opened an investigation.

The company stated that my mother violated a rule-- leaving the workplace without permission. But the burden of proof was on the company to prove that's what happened and they could not. The result is that my mother will be collecting.

Just an aside, the other employee involved was dismissed shortly after this investigation.