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my employer is saying that i quit my job, when i was in fact fired

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stressed123

Junior Member
I was fired from my job for "complaining too much".... my company laid off some of my co-workers and expected me to do the job of 4 people which became very overwhelming for me. I asked for help and they said that there's nothing they can do. When it started affecting my own work I explained to them that i can't catch up and i need extra help, and the response i got was..'I'm sick and tired of hearing you complain...Clear out your desk and consider this your last day.'
I would say that's being fired, wouldn't you?? They are now fighting my unemployment saying that i gave them a verbal resignation and gave them a date of when my last day would be!! I never said anything about quitting or leaving! They even got the dates wrong..they said i quit a week before they fired me! I am in the process of filing for an appeal but I'm worried that the judge will believe my employer. I can't believe they lied like that! Do u think i will win the appeal? what can i do to prove that my employer is lying? Please help!

PS..im from NYC and was collecting unemployment for a month before i received the news that my employer is fighting it.
 
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pattytx

Senior Member
Yes, that sounds to me like fired.

All you can do is tell your side of the story in the hearing. If the employer doesn't have a written resignation letter (although "in writing" isn't required) it will help your case.

It really all depends on who appears more credible to the hearing officer.
 
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GonzoFL

Member
IMO....you were fired. Like pattytx stated,the more credible you are the better chance you have of winning. Tell your side of the story just like you did in your thread. It could also be beneficial to you if you have some sort of documentation pertaining to the dates you say your employer(former) has wrong. Personally,I think you have a better than average chance of winning. In this economy...being asked to do the job of 4 people is has become the norm. The down side of an appeal is that it may take along time before your hearing is held. Good luck.:)
 
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stressed123

Junior Member
thanx for the advice

thanx for the advice!! I do have my paystub which shows that i was still working there a week after they said i quit.
I have to return my keys to the office and i was wondering if i brought my tape recorder with me and was able to get them to admit to firing me, would that be enough proof?
 
cbg

cbg

I'm a Northern Girl
And how do you plan to get them to admit firing you? If they are taking the position that you quit to the unemployment office, do you really think they're going to be stupid enough to say something different to your face?

And if you're not working there any more, just how do you plan to obtain this tape? "Please speak into this carnation" doesn't do the trick any more.
 
Zigner

Zigner

Senior Member, Non-Attorney
While I don't disagree with the prior posters...I'll play Devil's Advocate for a moment.

A worker who throws up his hands and says "I can't do this work any more!" might be construed as having quit...
 
cbg

cbg

I'm a Northern Girl
I'm leaning that direction too, Zigner. At the very least I think it's open to question. Notice that I did not take a position on whether the poster quit or was fired - only that it's ludicrous to believe that the employer would admit into a hidden tape recorder something that takes the opposite view of their public position.
 
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pattytx

Senior Member
Zigner said:
Agreed - but, as D.A., I'll point out that we're hearing the prettied-up version. ;)
Click to expand...
That's probably true, too. I will say that constant complaining, whether it was exactly how the OP reported it every time, is going to get your fired. Who wants to hear it?
 
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stressed123

Junior Member
I was looking for advice and not looking to be ridiculed

A worker who throws up his hands and says "I can't do this work any more!" might be construed as having quit...I don't recall saying THAT in my post! I was actually very calm about the situation. Also, I have to admit you ARE hearing THE PRETTIED-UP VERSION...because I didn't feel it was necessary to go into detail about how nasty my boss was to me and believe it or not I kept my composure and didn't THROW MY HANDS UP!
 
Zigner

Zigner

Senior Member, Non-Attorney
stressed123 said:
A worker who throws up his hands and says "I can't do this work any more!" might be construed as having quit...I don't recall saying THAT in my post! I was actually very calm about the situation. Also, I have to admit you ARE hearing THE PRETTIED-UP VERSION...because I didn't feel it was necessary to go into detail about how nasty my boss was to me and believe it or not I kept my composure and didn't THROW MY HANDS UP!
Click to expand...
Do you even understand the phrase "Devil's Advocate?" If you would take a moment to READ what I wrote, you may find out the angle your employer is taking with the UI board.

I like: "One who debates from a view which they may not actually hold, usually to determine its validity, or simply for the sake of argument."
(From http://en.wiktionary.org/wiki/devil%E2%80%99s_advocate)
 
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stressed123

Junior Member
Here's a follow-up...

The tape recorder idea worked! I went there before to return my keys and had a talk with my ex-boss. And believe it or not he said LOUD AND CLEAR...'if you would have given me a little something (i won't say the exact words he used..use your imagination), then you wouldn't have had a problem getting your unemployment!' ....you can hear it loud and clear on my recorder! So now, not only do I have proof but I also have a sexual harassment case! By the way, it seems he was quick to fire me because he had someone else to fill my position..1 of his little girlfriends!
I do have a stupid question to ask though...is it illegal to secretly use a tape recorder? can i use that as evidence in court?
Oh yea, before we started our conversation I asked him to "Please speak into this carnation".....:p I actually had it hidden in my purse!
 
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