New York
On June 13th 2103 after work hours I was fired from my job via text message. I was with a coworker at his mothers house for birthday cake, dinner, and to watch tv. I was fired because it was my bosses ex wife's house. He said I had no business of being there. After being terminated I moved back to Florida which is my permanent residency. I move to New York once a year for this position for a period of 6 months. April-first week of Sept.
When I got back to Florida I filed for unemployment. I was ultimately granted benefits based on providing proof despite what my employer stated that I quit. Luckily I saved every transcript from the text messages as screenshots on my phone.
2 weeks ago from today is when I was granted my benefits. There was a delay because of review. In the application I stated my last day of work was the 13th of June and that I was discharged. My boss disputed this by stating that I quit without notice because I missed my family and that my last day was the 12th. Also in a letter to me which I forwarded to unemployment they claimed "June 14th Employee quit without notice". Proving their stories are already incorrect.
Also since my last day at work I had to wait over a month to receive my last paycheck. The 13th was my last day and the check that was sent reflects my last week worked shows pay period ending the following week. I have facebook transcripts and text message transcripts that I recently sent to unemployment showing her denial to pay me and also shows her lying and misleading me of when the check was sent. She claimed she sent it on the 2nd of july but the checks postmark indicates the 6th of July. There is a statute that indicates for Manual Workers which I was. That if terminated you are to receive your check no later than 7 calender days or by the next pay period unless arrangements are made to obtain by mail. Again not only was my check late, it also reflects a different pay period (week later).
After my case reviewer called me he indicated that my previous employer will be sending me a job offer in the mail. Sure enough a week later I received a job offer to my address in Florida to come back to NY. In the letter it indicates under previous employment arrangements with pay and hours available. It does not specify a start date other than "We look forward to your arrival and start as usual per 7:30am each day"
Also in the letter was a copy of text transcripts from my employer which I have as well. A text message from my boss apologizing the day after I was fired stating "I overreacted last night because I thought you knew. But we can move forward if you want as long as you understand on of the rules to continue working for us on your off days you can't go to my ex wifes house (that i bought). If yuo are good with that come to work if not good luck in all you do". I said "I know, I will be down to speak with you at 3pm"
I must note that I did not send these to unemployment when first filing my claim because they had at the time no bearing over my benefits (I assumed). But to the contrary in the letter recently wrote I did include those and to a reason why I never submitted them. I did go down to speak with my boss. There was NEVER a job offer, I was only asked where my check could be mailed to. That afternoon I received an email stating that I was a victim of unfortunate circumstance and quote "I was looking forward to having you as our next captain" the word "WAS" is past tense, meaning she was looking forward to me not she is. That is how I took it. Also I received a call from one of my bosses and I was asked my intentions, I explained since I have no job and cannot afford my living arrangements I am moving back home to Florida. I asked 3 times on the phone before I left if I still had a job and the subject was changed on each occasion.
I also received a text message from a old coworker which I included in my letter along with a statement of my verizon bill indicating the time date of these texts that read: "Eric, fyi dont come back here if offered. I overheard that they are trying to get you fired for any reason, dont tell anyone I said this please, good luck".
Also as additional evidence I submitted call records of every attempt on my behalf to obtain my previous employment and pay. I also have transcripts of all calls and one in particular of me asking where my check is and my boss changing the subject "You quit and if you think your going to sit on your ass and collect unemployment youve got another thing coming, i dont care if it costs 20thousand dollars ill do whatever it takes to fight it, im at work so call me later when im off, no infact dont call me". END OF QUOTE:::
So bottom line, am I screwed for not taking this job back? They have had since June when I asked on 3 separate occasions to obtain my old job I have also made repeated attempts to collect my pay which they lied to me about and initially denied in paying me, also I live in florida, and NEW YORK is way to far to physically relocate to and I also dont have the money to move.
thanks any help appreciated
On June 13th 2103 after work hours I was fired from my job via text message. I was with a coworker at his mothers house for birthday cake, dinner, and to watch tv. I was fired because it was my bosses ex wife's house. He said I had no business of being there. After being terminated I moved back to Florida which is my permanent residency. I move to New York once a year for this position for a period of 6 months. April-first week of Sept.
When I got back to Florida I filed for unemployment. I was ultimately granted benefits based on providing proof despite what my employer stated that I quit. Luckily I saved every transcript from the text messages as screenshots on my phone.
2 weeks ago from today is when I was granted my benefits. There was a delay because of review. In the application I stated my last day of work was the 13th of June and that I was discharged. My boss disputed this by stating that I quit without notice because I missed my family and that my last day was the 12th. Also in a letter to me which I forwarded to unemployment they claimed "June 14th Employee quit without notice". Proving their stories are already incorrect.
Also since my last day at work I had to wait over a month to receive my last paycheck. The 13th was my last day and the check that was sent reflects my last week worked shows pay period ending the following week. I have facebook transcripts and text message transcripts that I recently sent to unemployment showing her denial to pay me and also shows her lying and misleading me of when the check was sent. She claimed she sent it on the 2nd of july but the checks postmark indicates the 6th of July. There is a statute that indicates for Manual Workers which I was. That if terminated you are to receive your check no later than 7 calender days or by the next pay period unless arrangements are made to obtain by mail. Again not only was my check late, it also reflects a different pay period (week later).
After my case reviewer called me he indicated that my previous employer will be sending me a job offer in the mail. Sure enough a week later I received a job offer to my address in Florida to come back to NY. In the letter it indicates under previous employment arrangements with pay and hours available. It does not specify a start date other than "We look forward to your arrival and start as usual per 7:30am each day"
Also in the letter was a copy of text transcripts from my employer which I have as well. A text message from my boss apologizing the day after I was fired stating "I overreacted last night because I thought you knew. But we can move forward if you want as long as you understand on of the rules to continue working for us on your off days you can't go to my ex wifes house (that i bought). If yuo are good with that come to work if not good luck in all you do". I said "I know, I will be down to speak with you at 3pm"
I must note that I did not send these to unemployment when first filing my claim because they had at the time no bearing over my benefits (I assumed). But to the contrary in the letter recently wrote I did include those and to a reason why I never submitted them. I did go down to speak with my boss. There was NEVER a job offer, I was only asked where my check could be mailed to. That afternoon I received an email stating that I was a victim of unfortunate circumstance and quote "I was looking forward to having you as our next captain" the word "WAS" is past tense, meaning she was looking forward to me not she is. That is how I took it. Also I received a call from one of my bosses and I was asked my intentions, I explained since I have no job and cannot afford my living arrangements I am moving back home to Florida. I asked 3 times on the phone before I left if I still had a job and the subject was changed on each occasion.
I also received a text message from a old coworker which I included in my letter along with a statement of my verizon bill indicating the time date of these texts that read: "Eric, fyi dont come back here if offered. I overheard that they are trying to get you fired for any reason, dont tell anyone I said this please, good luck".
Also as additional evidence I submitted call records of every attempt on my behalf to obtain my previous employment and pay. I also have transcripts of all calls and one in particular of me asking where my check is and my boss changing the subject "You quit and if you think your going to sit on your ass and collect unemployment youve got another thing coming, i dont care if it costs 20thousand dollars ill do whatever it takes to fight it, im at work so call me later when im off, no infact dont call me". END OF QUOTE:::
So bottom line, am I screwed for not taking this job back? They have had since June when I asked on 3 separate occasions to obtain my old job I have also made repeated attempts to collect my pay which they lied to me about and initially denied in paying me, also I live in florida, and NEW YORK is way to far to physically relocate to and I also dont have the money to move.
thanks any help appreciated