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Fired then offered job back

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mxxb0822

Junior Member
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
 


swalsh411

Senior Member
I would say you are fine to turn it down and continue to collect benefits while you look for a job where you are living now.

You are required to take suitable employment. Moving from FL to NY is not suitable anymore than a job offer you got from a company in Texas would be suitable.

9/10th of what you posted is irrelevant by the way.
 

mxxb0822

Junior Member
I would say you are fine to turn it down and continue to collect benefits while you look for a job where you are living now.

You are required to take suitable employment. Moving from FL to NY is not suitable anymore than a job offer you got from a company in Texas would be suitable.

9/10th of what you posted is irrelevant by the way.
I know but I wanted to make sure I have all the facts out and the open and all my bases covered. Like in the text transcript that states I can come back to work if I accept the terms of not going to my friends house. Would unemployment look at that and say "why didnt you accept"? But I did ask in person and over the phone mutiple times before i left if i had a job without an answer
 

Usmcdog

Junior Member
Don't do it yet, if your planning on going back. I'm not sure how accurate I'm being, but I think it should be checked out. I've heard that if you accept the offer and go back, that if you're fired you won't be able to receive any benefits at all. That was heard from my mother-in-laws new husband. He said it was happening to him a about a year ago. I don't know if that helps, but I think you should check it out.
 

Zigner

Senior Member, Non-Attorney
Don't do it yet, if your planning on going back. I'm not sure how accurate I'm being, but I think it should be checked out. I've heard that if you accept the offer and go back, that if you're fired you won't be able to receive any benefits at all. That was heard from my mother-in-laws new husband. He said it was happening to him a about a year ago. I don't know if that helps, but I think you should check it out.
An anecdotal guess (wife's mom's new husband had something a little like this happen a year ago) doesn't help our OP.
 

commentator

Senior Member
This was a case of someone passing along a little misinformation about unemployment benefits, but from the position of someone who is pretty well informed about them, it happens that this advice is VERY right.

Once you have received a decision granting benefits, which you have, and the 15 day window to appeal this decision is past, then the employer does not get to keep coming back and offering new evidence, new job offers, new situations.

Do not keep sending stuff to the unemployment agency unless they call you and tell you to do so. Work with one person specifically if you can, and do not randomly keep sending them texts, etc. If the unemployment office contacts you and asks if you were offered a job with the employer, clearly state that you were terminated, and that you do not feel their job offer is sincere.

Your former employer wants you to come back so they can think of a better reason and fire you. They do not want you to be able to receive unemployment and cause their tax rates to rise. They will, if you are dumb enough to take the job back, hold you just long enough to set up a better reason under law to terminate you, and then do it, hoping you won't be able to get approved for benefits.

When an employer has terminated you, he has severed the relationship with you. By calling you up and offering you another job, or your old job back after an unemployment decision that is not favorable to him, he is trying to get off the hook for your unemployment benefits. It's extremely common, and mother in law's new husband is right on the money. If they can get you to come back, and then fire you for a better and more easily documented misconduct reason, you will not get any benefits.

Tell your caseworker if they request a statement from you concerning this re-employment offer that you do not wish to accept it, that you believe it is not a genuine good faith offer of employment, that this employer does not have good intentions toward you (as evidenced by their total refusal to send you the last check in a timely manner) and that you have reason to believe that they only have intentions of rehiring you so that they can terminate you and keep you from being approved for benefits this time. Let them adjudicate this out. I doubt very seriously if they'll cut off your benefits under this set of circumstances and this situation.

You are receiving a New York claim through Florida, right? I would very strongly encourage you to make diligent effort to find another job, as I don't think you're going to want to come back to New York for this one with this particular company any more. Even if they offer it to you, they'll probably have bad intentions for you next season.
 
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mxxb0822

Junior Member
Thanks everyone for the advice. To update, I only sent in the letter I wrote after I received a questionnaire asking to why I refused the job along with all the evidence I have on file to support my claim and any personal reasons. I also only contacted unemployment when I was required to do so and as for my ex boss goes, I only contacted them since I moved to Florida to obtain my pay.
 

commentator

Senior Member
By the way, fill out forms, but do not write lengthy letters to the unemployment system. You are not providing them with exactly what they want to know, and by providing too much extraneous information, may be confusing the issues. If they ask you for a statement, make it extremely brief. They can always ask for more information if they need it, but they do not need to try to sort through large amounts of documentation. As I said, I think you'll be okay, you do not need to go back to work for these people, they do not have good intentions toward you.
 

tiffjan

Junior Member
Thanks everyone for the advice. To update, I only sent in the letter I wrote after I received a questionnaire asking to why I refused the job along with all the evidence I have on file to support my claim and any personal reasons. I also only contacted unemployment when I was required to do so and as for my ex boss goes, I only contacted them since I moved to Florida to obtain my pay.
I know this thread is old, but what was the outcome of your concern? I'm in the same situation.
 

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