Job Abandoment

[HarleyDGA]

I am in Georgia

I have a question regarding job abandonment where I am seeking unemployment. I have been denied unemployment and must now fight with them. Here is my case:

First I worked at a car lot. On July 5th I had a sit down meeting with my boss and informed him that my self and another employee where still not getting along correctly. He was doing things previously discussed where in appropriate. We had been having issues over and over again threw out the past year or so. At this meeting I explained the situation. My boss asked me what I would like him to do about it. I informed him it was time for him to do something in reguards to the situation. Rather then the previous me and the employee sitting down and trying to hash things out. I expressed that things where getting worst and I felt if me and the employee tried to work things out again that things would get worst. He informed me he would sit us down and talk with us. He did not do this. On July 5th things came to head. The employee began to threaten me. I left the situation and went to the manager. Expressed that this was not the proper work enviorment for me. And that I had asked him to assist in this and he did nothing. I let him know that things where escalating and that I would be leaving for the day as I no longer felt physically safe. Too which he replied "No Problem". I returned to work the next business day, early as hopes to discuss transferring out of the location. He came in and saw me doing work and walked by. He waited about 30 min an walked up to me and said what are you doing? I replied working on such and such and that I would like to speak to him. At this point he informed me I quit on July 12 and that I could not be there and had to clear my things and leave. He then turned in the paper work as Job abandonment. I had been working for the company for over 3 years. My attendance was stellar and had no issues at all.

What I dont understand is
1: Arent I innocent until proven guilty?
2: Why does the system jump on board the employer?
3: Is there any point in fighting with unemployment?
4: If so what steps should I take?

Thank you for any help as I have never been down this path before.

 

[TheGeekess]

I am in Georgia

I have a question regarding job abandonment where I am seeking unemployment. I have been denied unemployment and must now fight with them. Here is my case:

First I worked at a car lot. On July 5th I had a sit down meeting with my boss and informed him that my self and another employee where still not getting along correctly. He was doing things previously discussed where in appropriate. We had been having issues over and over again threw out the past year or so. At this meeting I explained the situation. My boss asked me what I would like him to do about it. I informed him it was time for him to do something in reguards to the situation. Rather then the previous me and the employee sitting down and trying to hash things out. I expressed that things where getting worst and I felt if me and the employee tried to work things out again that things would get worst. He informed me he would sit us down and talk with us. He did not do this. On July 5th things came to head. The employee began to threaten me. I left the situation and went to the manager. Expressed that this was not the proper work enviorment for me. And that I had asked him to assist in this and he did nothing. I let him know that things where escalating and that I would be leaving for the day as I no longer felt physically safe. Too which he replied "No Problem". I returned to work the next business day, early as hopes to discuss transferring out of the location. He came in and saw me doing work and walked by. He waited about 30 min an walked up to me and said what are you doing? I replied working on such and such and that I would like to speak to him. At this point he informed me I quit on July 12 and that I could not be there and had to clear my things and leave. He then turned in the paper work as Job abandonment. I had been working for the company for over 3 years. My attendance was stellar and had no issues at all.

What I dont understand is
1: Arent I innocent until proven guilty?
2: Why does the system jump on board the employer?
3: Is there any point in fighting with unemployment?
4: If so what steps should I take?

Thank you for any help as I have never been down this path before.

1. Nothing to do with this, unless you're a criminal.
2. They don't. The facts are in the favor of the ex-employer in this case.
3. No.
4. Start job hunting and stop being a tattle-tale.

 

[commentator]

I strongly disagree that there is no point in appealing this decision. Yes, of course you need to appeal the unemployment decision. Because though you did quit the job, that's what the employer will tell the unemployment system, and I assume you have been denied unemployment when you filed the initial claim, there's a pretty good chance it should be heard in appeals.

Don't waste time worrying about what prompted them to make the denial decision in the first place. It costs nothing to appeal, and in this case, I'd say there are some factors that make it well worth your time. They didn't say you were "guilty" of anything in that initial decision, just that based on the information they had, it appeared you had quit your job without a valid work related reason.

You can be approved for unemployment, even if you quit the job. Employers sometimes assume that all they have to do is get you to say the magic words, "I quit!" and they're off the hook for benefits. It certainly isn't as easy to be approved if you are the driver in this situation. This may take an appeal, as you may be denied in the initial decision, but when you immediately send back the paperwork requesting the appeal, then you have another opportunity.

Keep making your weekly certifications for benefits, as you have been told to do, even though you have been denied, you will be back paid for these weeks if the decision is overturned, but ONLY if you have been certifying for them.

When you file the appeal of the decision, you do not have to make any arguments at that time. Just get the decision back to them, saying, "I wish to appeal this decision." Make SURE you do this within the time limit given to request an appeal. You will probably have the option to request either a telephone or an in person hearing. My thoughts on this are that when you are the claimant and you are requesting a hearing, you should choose to do it in person. This means that they can't sit on their butt in the office on the phone and lie about you, they have to get up and come somewhere to do it. And since you aren't working, why can't you take the time and trouble to do it too? Sometimes, they don't even show up. And in that case, you still go through your side of the appeal, you don't automatically win, but it can't hurt your chances.

When you voluntarily quit a job, which we are going to say you did (really, you didn't quit, but you sort of gave your employer an ultimatum, which wasn't such a good thing, but we're not going to emphasize this.) you must show that you had a valid, job related reason to quit. They need to know that you tried to resolve the problem before you quit, first with the co worker that you were having the problem with, in this case. And that you made your employer aware of the exact nature of the problem, that you gave your employer an opportunity to solve the problem. And when nothing was done, when repeated incidents were met with no assistance, culminating in your having to leave work early on July 5th, you had exhausted all reasonable means to solve the problem. Short of calling the police to the job, or picking up a club and pounding the other employee, you had exhausted all reasonable means to fix this situation.

Before the hearing, you sit down with a tablet and a calendar, and try to document as much of this situation as you possibly can. Don't worry about being able to come up with exact dates, but get a ballpark date. You started work this date. On this date, you had an episode where this other person came up to you and made threatening comments. On this date, he did it again. On this date, you discussed this problem with your employer. He told you blah blah blah....whatever he told you. On this date, the problem continued. You told the employer again. On this date, he said this and this and this. Then finally, on July 5, this happened beween you and the co worker. You went to your employer and told him. When you saw that he wasn't going to do anything about this issue, and feeling that your actual physical safety was in jeopardy, you told him that you were going to leave for the rest of the day. You left, NOT INTENDING THIS TO BE YOUR LAST DAY, NOT INTENDING TO QUIT YOUR JOB. You did not take your possessions. You did report back to work the next day, having not quit permanently, having no idea you had been terminated, which since the employer had not told you that you were terminated, you did not know, and you worked for a while. Then he called you in and informed you that you had voluntarily quit the job, to get off the premises.

You did not want to leave the job. You did the job to the best of your abilities. You feel you had tried every way you could to get the situation with this other employee resolved before you left work on that day after his threats.

Just tell your story, slanted in that direction. Don't write it all down and try to present it, but do organize the material and figure out what you're going to say. As I said, a very organized date approximate description of what happened, what you did, what was going on is your best approach.

Don't be surprised if the employer gets in the hearing and lies his head off. They do this sometimes. They may even say you were the one who was threatening the other person. Keep your cool, tell the situation as you understand it. Do not interrupt, do not speak out of turn, do not go for drama. Just tell your story, and answer the questions the hearing officer asks you.

In the meantime, you will be making the job searches as required. Even if you are able to find something else immediately, pursue this case. even if you are out of work only a few weeks, you still may be entitled to unemployment benefits for those few weeks. From what I am reading here, because you did try to solve the problem, did not just walk off in a huff the first time you had a problem, did keep your employer informed about the problem and give him opportunities to solve things, you have a fair chance of winning an appeal.