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My UC benefits are being appealed by ex-employer

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tmabca59

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania
I was terminated with reason given to me as "Personality Conflict".
I was told by my ex-employer that if I signed a General Release statement
that I could collect unemployment.

I filed for unemployment and was approved. I received the General
Release in the mail from my ex-employer in which I did sign and return.

I am receiving UC benefits but now my ex-employer is appealing for
Wilful Misconduct.

Can he change he reason in his appeal from what he originally told me?
 


cbg

I'm a Northern Girl
Well, there's nothing in the law that says he can't. But the burden of proof is going to be on him not only to prove willful misconduct, but also that you had been warned about it. So I wouldn't worry too much unless there's something you aren't telling us.
 

tmabca59

Junior Member
I am under the impression it will be about some gift cards mailed
to me from a supplier. I did keep one and give the three other
cards out to coworkers. There is no company policy stating that
I could not do this, I did not keep them all for myself and I gave
them to coworkers whose work involved this supplier and I thought
that they deserved it.
 

Andy0192

Member
I was told by my ex-employer that if I signed a General Release statement
that I could collect unemployment.
Did he tell you that you could collect? or that you could file? Filing is your right, collecting is up to the Unemployment Compensation board.

If you have a copy of what you signed ( and you should always get a copy) then show that to the UC office.
 

tmabca59

Junior Member
No, unfortunately I did not make a copy of the General Release.
I just signed it and mailed it back.

He had specifically told me that I could collect if I signed this when
he was firing me.

I did put all of this information in when I filed for benefits, which I filed
an hour after being fired so that I wouldn't forget any part of the
conversation.

But is what I did considered wilful misconduct, I had no malintent, I did
not not adhere to any company policy nor was it ever verbally told to me.
I had never, ever been verbally warned nor written up for anything.
 

Andy0192

Member
Generally - people are Fired for wilfull misconduct.

By your own words, you said 2 times now that you were fired.... indicating that you understood there was some type of wrongdoing on your part.

I'd avoid using the term "I got fired" when talking to the UC Service Center people.
 

tmabca59

Junior Member
Sorry about that, that's just my terminology for being let go. His
actual words were "I don't want to do this (as he looked to the
ceiling), but I have to let you go". He never used the phase that
I was being fired. I'll remember not to use that in the hearing.
 

pattytx

Senior Member
Even though there may have been no specific policy, common sense tells one that if a supplier gives you a gift, you either not accept it or at least report it to management.
 

cbg

I'm a Northern Girl
There is no magic in either direction about the word, fired. Despite what far too many people believe, "fired" does NOT mean that you were a bad employee and there was misconduct involved. Fired and let go mean exactly the same thing.
 

commentator

Senior Member
commentator

Right on. Fired, quit, terminated....either way, the employer does not say whether or not you are entitled to receive benefits. And if they have siginificantly changed the original reason they say you were terminated, they have no case at all. When the appeals hearing is held, it doesn't matter whether you say you were fired or not, the only issue they'll be dealing with is the reason you are not working, and the reason the employer says you are not working now. If they pop up after the fact and start trying to present another reason other than the original "personality conflicts" issue, this is not going to fly. They will probably be told so at the appeals hearing.

Even if they had originally used this business about receiving the coupons and distributing them to the other employees as their reason to terminate, this wouldn't be a major misconduct firing issue unless it were clearly documented in the handbook and clearly posted and stated as a reason for instant termination. If it were a simple violation of policy they should have used some form of progressive discipline, not fired you later for another reason and then dredged it back up to try to keep you from drawing benefits.

Major misconduct is the type for which you can be terminated instantly. Whether you admitted misconduct or not is not as important as whether it is "gross misconduct" something you knew was wrong, like stealing money, assaulting another employee, or something like that.

Do not change your story. Tell the circumstances under which you were terminated, and what your employer said to you. The fact that you signed this document does not necessarily mean that you have given up your right to receive benefits. As I said, it's not up to the employer.
 

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