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HELP: I was fired, but they said I quit

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blue_bird

Junior Member
What is the name of your state? Illinois

I had been late for work several times (1 to 15mins) do to signal problems on my train. I called in to notify my employer each time this happen by 7:30am, as my start time was 8:30am. I also explained the situation once I arrived to work. After being on time for several weeks my train was late again, I called in to my employer and again explained the situation. I received a verbal warning when I arrived to work. I then approached my direct manager and explained the problem and told her I would drive into work on the days I got to the train station and discovered the trains were running late, to prevent being late for work. However, looking ahead to the winter months if something happened (I.e. bad weather) once I was already on the train, there would not be anything that I could do to prevent being late and I wanted to be sure this would be excused. I told my manager that I was willing to make up the time by staying late, taking a shorter lunch or possibly changing my hours to 8:45am. I was told that I was not going to be fired, that we would come up with a rule that would be fair to everyone. I was also told the slate would be wiped clean afterwards. After two weeks of several meetings, it was decided that "tardiness would be dealt with at managements discretion." I was disappointed that my hours would not be changed, but I was happy to have a fresh start. The following Monday I was 10 minutes late and I was offered a mutual agreement to separate. I was told this was no ones fault, I was not being fired and I was not quitting, as we were merely agreeing to mutually separate. I was told I would be given a letter of recommendation, I would be able to use the company as a reference and I would be able to go back to the agency that I used. I asked for 48 hours to think about it and after doing so I believed this would be better than having the embarrassment of being fired on my work record, so I agreed. I was then allowed to stay 3 weeks, until my replacement was found. I filed for unemployment and was told that my employer said I quit. After I explained everything to the unemployment representative I was told in the eyes of the law I was fired and was awarded benefits. However, I’ve just received a letter informing me that the employer has filed for an appeal. What should I do? I regret not getting anything in writing, but we parted on the best of terms and I had no reason to believe this would happen. I cant deny being late, but I did not quit, that was a lie. Will I loose my benefits?
 


pattytx

Senior Member
We have no way of knowing how the adjudicator will rule. All you can do is appear for the appeal hearing and tell the truth.
 

gawm

Senior Member
Most employers file an appeal. It will probably be a telephone hearing. They are probably hoping you don't call in so they can win by default. Make sure you call in, their chances of winning the appeal if you do call in is very slim.
 

cbg

I'm a Northern Girl
Don't be too sure. I've had employees denied benefits for excessive absences and tardies when I didn't even contest.
 

gawm

Senior Member
cbg said:
Don't be too sure. I've had employees denied benefits for excessive absences and tardies when I didn't even contest.
That wasn't an appeal though. They usually get it right the first time around. The employer already contested and lost. More than likely the employer is hoping for a default, The OP needs to call into the hearing. He should be alright. 100% sure, No, 90% sure, I'm comfortable with that.
 

cbg

I'm a Northern Girl
I'm glad you're so certain. Maybe you'd like to give the poster a guarantee in writing?
 

blue_bird

Junior Member
Thanks guys. I havent received my hearing date yet, but I'll keep you posted. Does anyone know if my benefits will stop during this process?
 

cbg

I'm a Northern Girl
That will depend on the laws of your state. Probably, but again I'm by no means as certain as the other poster that his answers are carved in stone.
 

HomeGuru

Senior Member
cbg said:
That will depend on the laws of your state. Probably, but again I'm by no means as certain as the other poster that his answers are carved in stone.

**A: what is the name of the other poster?
 

cbg

I'm a Northern Girl
I was referring to gawm, who evidently believes that his crystal ball is in 100% working order.
 

HomeGuru

Senior Member
cbg said:
I was referring to gawm, who evidently believes that his crystal ball is in 100% working order.

**A: hahaha, even my crystal ball is not in 100% working order. And it just recently came back from an extreme makeover.
 

gawm

Senior Member
cbg said:
I was referring to gawm, who evidently believes that his crystal ball is in 100% working order.
Excuse me, I claimed my crystal ball was only in 90% working order. Lets not exaggerate here.

I guess if everybody wanted 100% accurate advice we all would have to say " no one can predict how your case will turn out " This website would not get too many visitors then, would it ?

I stated my opinion, the reason for my opinion, and put in in a positive light for the OP. Did I ever say it was 100% certain or " carved in stone " ? No!

We'll see how it turns out and you can apologize to me later. :p :D
 

cbg

I'm a Northern Girl
Don't hold your breath waiting. Even if you do turn out to be correct in both issues, which I do not deny is possible, the information I provided is still correct. There is still no guarantee of receiving benefits with regards to tardiness issues and it is still state specific what happens to benefits under appeal. I'm not going to apologize for correctly modifying too-broad answers.
 

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