What is the name of your state? New York
Earlier this year, I went into the office of the owner of the small(30) firm that I worked at to express frustration about my new manager. This was not the first time I complained since she was hired 10 months prior, so the owner was not surprised. I should mention that the owner had always said that his door is always open to discuss any problems since he looked upon his employees as family. During the meeting, I opened by saying that now I was so frustrated that I was thinking about leaving the company, just to drive home the point. I asked if he could think of any role I could play that involved less contact with the manager. He said he'd think about it and to call him that evening. That evening I called and he said he hadn't thought of anything. I suggested that I work from home in a reduced role from that of a manager. He said he'd get back to me in the morning. In the morning, he told me that if I couldn't get along with the manager, I would have to be let go, since these things never work out, citing his recent divorce. He offered to keep me on til mid-year so that I could train a replacement and in exchange he would give me a nice severance pkg that would involve monthly and quarterly payments for the second half of the year based upon me being available for consultations if needed thru the end of the year. I accepted, since this amounted to half my salary which meant I was being paid half a year for not working.
Of course, I filed for unemployment since in my mind I was fired. The employer shot back that I was on retainer and being paid monthly for it. But the worst part was that they claimed that I quit! Of course the DOL refused benefits based upon these two points. I am appealing, since I feel that the first point is debatable, since I feel that it's a form of severance payment that was deferred, since I don't actually have to do any work to receive it and secondly, I did not quit! I wasn't given a choice despite my appeals to the owner.
OK, I get that I could possibly be considered on "retainer" by a third party. Or am I wrong? Then I could understand not getting benefits until my retainer period ends at the end of the year.
Secondly, I did not quit! I was not given a choice! I feel that I relied on the owner's sincerity about having an open door policy, especially since I worked 4 years for him. How can I prove this though? Does the fact that I was given a generous pkg that included 6 mos paid medical, outplacement assistance and half a years salary help my case? Also, why would I quit if I didn't have a job waiting, and I was being paid more than twice what the market was paying?
Anybody? Do I have a case at appeal?
Thanks!
Earlier this year, I went into the office of the owner of the small(30) firm that I worked at to express frustration about my new manager. This was not the first time I complained since she was hired 10 months prior, so the owner was not surprised. I should mention that the owner had always said that his door is always open to discuss any problems since he looked upon his employees as family. During the meeting, I opened by saying that now I was so frustrated that I was thinking about leaving the company, just to drive home the point. I asked if he could think of any role I could play that involved less contact with the manager. He said he'd think about it and to call him that evening. That evening I called and he said he hadn't thought of anything. I suggested that I work from home in a reduced role from that of a manager. He said he'd get back to me in the morning. In the morning, he told me that if I couldn't get along with the manager, I would have to be let go, since these things never work out, citing his recent divorce. He offered to keep me on til mid-year so that I could train a replacement and in exchange he would give me a nice severance pkg that would involve monthly and quarterly payments for the second half of the year based upon me being available for consultations if needed thru the end of the year. I accepted, since this amounted to half my salary which meant I was being paid half a year for not working.
Of course, I filed for unemployment since in my mind I was fired. The employer shot back that I was on retainer and being paid monthly for it. But the worst part was that they claimed that I quit! Of course the DOL refused benefits based upon these two points. I am appealing, since I feel that the first point is debatable, since I feel that it's a form of severance payment that was deferred, since I don't actually have to do any work to receive it and secondly, I did not quit! I wasn't given a choice despite my appeals to the owner.
OK, I get that I could possibly be considered on "retainer" by a third party. Or am I wrong? Then I could understand not getting benefits until my retainer period ends at the end of the year.
Secondly, I did not quit! I was not given a choice! I feel that I relied on the owner's sincerity about having an open door policy, especially since I worked 4 years for him. How can I prove this though? Does the fact that I was given a generous pkg that included 6 mos paid medical, outplacement assistance and half a years salary help my case? Also, why would I quit if I didn't have a job waiting, and I was being paid more than twice what the market was paying?
Anybody? Do I have a case at appeal?
Thanks!