Got fired, now trying to deny me unemployment

[JasonSel]

What is the name of your state? PA

End of the week Friday, after the day was done, no warning, got brought into the managers office and he says he has to let me go. Tells me that he knows that I have wanted to do something different and the program wasnt working for me. i have been there over 2 years. I tried getting together with him on several occassions and discuss what my issues were but he blew me off for about 6 months. So I dont say anything and chalk it up to, just move on. So I apply for unemployment, get all the papers, start filing. Then 3 weeks later I get a woman from the office calling and asking questions about what happened and saying they are trying to deny me UC. I tell her everything she was saying to me was false and the first time I heard of it. Now I am waiting for her call back after talking to my boss to get the verdict. I work for a big company, can they really C-block me, an employee that rarelt called in sick,was never late and worked above and beyond asked?
If so what to do next, sounds like they are trying to slander me and make up lies, what if I use them as a reference? Also upon leaving my boss tells me he will write a general letter of recommendation as well for the future(havent seen that yet).

 

[cbg]

The employer has an absolute right to contest benefits, just as you have the absolute right to appeal if the decision goes against you. Unemployment is geared in favor of the employee, not the employer, and the burden of proof will be on them to show that you were fired for a reason that disqualifies you for benefits. In many, if not all states, that includes showing that you were aware that your job was in jeopardy. I can't make any promises; no one can but the unemployment office themselves. But based on what you have posted, I would expect you to prevail in your claim.

There is a great deal of misinformation about references floating about the internet. First, no one is going to force you to use them as a reference; however, any potential employers can call them whether you list them or not and failure to list your most recent employer without explanation is a MAJOR red flag. If you are not going to list them, it would be very much to your benefit to explain to a potential employer why. Second, negative references are not illegal. The employer may LEGALLY provide any information that is true or that represents his honest opinion, even if it is negative, and that is NOT slander.

I wouldn't waste too much time worrying about the letter of recommendation. In this age of scanners and laser printers, such letters are very easily forged and as a result, most HR managers are not impressed with them no matter how good they are.

 

[Andy0192]

......Unemployment is geared in favor of the employee, not the employer, and the burden of proof will be on them to show that you were fired for a reason that disqualifies you for benefits. .....

I am an employer in PA, and while I'm not a lawyer, I can tell you that what cbg wrote is very much true for PA, and the employer has to PROVE that the employee showed wilful misconduct in order to prevail.

-Andy

 

[JasonSel]

One more question, I know this is long, the company I worked for has had turn over after turnover, pretty much because of low pay and management, now I was one of the most skilled employee there and you ask why they fired me, they are claiming things which that cant prove, I have never been written up where other fellow employees have, i have not had to sign letters of appologie or promises not to do something, like promising not to come in late. I was a model employee. Also I have read somewhere that, the only thing another employer can get out of a past employer is whether an employee is hirable or not, but cant go into detail, defimation of character or something. Is that true?

 

[Betty]

Also I have read somewhere that, the only thing another employer can get out of a past employer is whether an employee is hirable or not, but cant go into detail, defimation of character or something. Is that true?

The former employer can give out any information that is true, that they believe is true or is their honest opinion whether the information is positive and/or negative.

 

[cbg]

No, it is not true. It is widely believed, but Betty is correct. An employer may give out any information they like as long as it is true, they have a good faith belief that it is true, or it represents their honest and supportable opinion.

There is no law requiring an employer to write you up before you can be fired. There is no law requiring that people with writeups be fired before people without writeups.

 

[Andy0192]

...There is no law requiring an employer to write you up before you can be fired. There is no law requiring that people with writeups be fired before people without writeups.

That is true, but in the case of unemployment benefits, I can tell you that my experience in the state of PA is that an employer must show "willful misconduct" by an employee in order to deny unemployment.

In my experience, an employer in PA had better write up an employee and show they've made an effort to rectify the situation, or at least show that the employee knew what they were doing was wrong, before the employer can prove willful misconduct, and avoid paying Unemployment.


-Andy

 

[cbg]

The poster is looking for evidence of illegality on the part of the employer. There is none.

Just because he will likely be eligible for unemployment, which I told him he would likely be in my first post, does not mean that the employer has violated the law. It does not mean that a negative reference will be illegal. It does not mean that he has been wrongfully terminated.

And that is what the poster is trying to establish. He wants the employer to have done something that he can sue him for. So far he has no grounds for suit, even if he does get unemployment.