Need help with NC UI Claim Issue

[mrandmrs99]

What is the name of your state (only U.S. law)? North Carolina

Hi. I have an issue with a unemployment claim that I filed with NCESC. I'll start at the beginning so someone may understand what is going on. Here's some history.

I had been working for the same company and a very "hot tempered verbally abusive" boss for 3 years. I endured a lot for this company and even more from this boss over this time period. The thought of me quitting any job no matter how demanding or bad wasn't in the slightest in my mind, as I knew how jobs are few and far between nowadays and I had to support my family...I was grateful to have ANY job. On 12/13/2012, I received a message from my boss ( through his secretary) that I could have Friday (12/14/12) and that coming Monday (12/17/12) off. I called & emailed him and requested if I could work as I was in need to get a full paycheck here right before the holidays. Never received a response until later on that evening, denying my request and stating in this email( which I still have ) to report to work on 12/18/2012 to start my new schedule. This didn't throw up much of a red flag to me since my employer was opening up a new part of his business, so I thought all is well. I was even given a Christmas bonus for the first time this year at Thanksgiving, stating " I deserved it for my hard work".

Anyways, I reported in early on 12/18 and walked into my bosses office as requested and he began to tell me I had some inadequacies & that I had 2 options: 1st Option: I could quit and he would give me excellent references for my next job OR 2nd, he had to let me go and will not give me good references in return if I didn't do it his way. Of course, I said No, I cannot quit my job! I have a wife and kids that depend on me! What is going on? Again, he said "inadequacies". Wouldn't answer any of my questions. So, he said okay..your choice but I now have to let you go. I couldn't believe what I was hearing! As I was getting my things and preparing to leave, I seen that he had already replaced me with someone that was working for minimum wage...he had replaced me to save money. There were no inadequacies.

So I went home and filed online with NCESC to get unemployment benefits. I received my wage transcript and monetary determination letter Monday 12/24/12. Today, I just found out that my employer sent in his separation form stating "Discharged" and was told that it was due to Misconduct. I have never been warned or wrote up for anything! This was the first I have ever heard of this issue. Now my benefits are delayed up to 12 weeks or longer to go through adjudication? I am out daily looking for work and now this.

What do I do? This employer has blatantly lied to NCESC. Will I be fighting a loosing battle? I have never been through anything like this before.

Any helpful advice is more than appreciated!

 

[swalsh411]

Unless you are leaving something out, I don't see your employer has a very good chance of successfully stopping your claim. They are claiming misconduct but without evidence of that (write-ups, warnings, etc) they stand little to no chance of success. Keeping looking for work but do not forget to file your claims for each week. Unfortunately you will have to wait until a hearing and then a decision but that's how the system work.

This is not a losing battle. The system is stacked in favor of the employee. At the hearing, simply state that you did your job to the best of your ability and that you had received no warnings your performance wasn't good enough. The burden of proof is on them, and it sounds like they can't meet it.

 

[mrandmrs99]

Unless you are leaving something out, I don't see your employer has a very good chance of successfully stopping your claim. They are claiming misconduct but without evidence of that (write-ups, warnings, etc) they stand little to no chance of success. Keeping looking for work but do not forget to file your claims for each week. Unfortunately you will have to wait until a hearing and then a decision but that's how the system work.

This is not a losing battle. The system is stacked in favor of the employee. At the hearing, simply state that you did your job to the best of your ability and that you had received no warnings your performance wasn't good enough. The burden of proof is on them, and it sounds like they can't meet it.

Not leaving anything, thought I may have rambled on too much. I haven't ever been called down for anything, I have made it a point not to do anything to jeopardize my job. I have kept all emails and correspondence. I will just see what happens.

Thank you!

 

[commentator]

Don't be upset. Do register for work as instructed, and do make your weekly certifications for each week after it passes as instructed. If your claim is approved a little further on down the line, you'll be back paid for all except the first week of your claim.

The situation you describe is incredibly common. Things are progressing well for you. The employer objects to your drawing benefits, because if you are approved, the tax rate for the business will go up, and they'd prefer you just meekly went away and didn't file for benefits. Sometimes they aren't perfectly truthful about the reason you were discharged. The system will go with the party, you or them, who have the best evidence for their side of the story, who is "most believable."

In order to keep you from receiving benefits, the employer would have to show that they had a good valid MISCONDUCT reason to terminate you. Which means one of two things. It can mean something they caught you doing, something you did, that was so bad you should have known it was inappropriate to do even one time. An example is if they had video of you stealing something, or you punched your boss in the face. That sort of misconduct requires no prior warnings, it's gross misconduct, and if you did that and that's the reason they fired you, then you don't get to draw benefits. They may try to say you were off work without permission, that you failed to call them and give notice you were going to be off. You say you have documentation of the times you discussed this issue with your boss. That's very good.

The other kind of misconduct is when you have repeatedly been warned about something, and then you deliberately chose to do it again, in spite of knowing you might be terminated if you did it. If they say your performance was the problem, they have to show that you were deliberately choosing to produce bad performance, not just that you weren't meeting their imaginary/arbitrary standard for performance. They have to show that you had the capability, and that you deliberately messed up despite repeated warnings.

It sounds as though your employer is going to try the "shotgun" method, which means that when pressed for more details, he'll probably throw in everything he thinks he can get in, like you were late once in 2009, you didn't get a project done in 2011, and now you came in to work when you weren't supposed to, or were absent from work on such and such days.....

What you do is stay with your basic story. Do not try to mold your statement to cover these random things he's going to throw in or make excuses for them. State, clearly and at every opportunity, that you always did your job to the best of your abilities, and that you had no idea that your performance was not good or that your job was in jeopardy. Work in if you can that you believe you were replaced by another employee who is being paid less.

The process is that the unemployment office takes your claim, and then they contact the employer to get his side of the story. Then if the two stories diverge, the ajudicator will contact both parties again and gather information. Within about two weeks of the time the claim was filed, they will render some sort of "initial decision." At this point, if you are approved, you'd begin receiving benefits.

Either way, if you are denied benefits or if you are approved, the other party, the one who isn't happy about how this went, has the right to file an appeal. If you are approved, and your employer requests an appeal, there will be a formal hearing, and you will be asked to present your testimony and evidence about what happened, and they will be asked to give their testimony about what happened. Then a second decision will be made, either upholding the initial decision or overthrowing it.

But right now, you're just waiting on that initial decision to be made. The unemployment office has recontacted you and has asked you all these questions pertaining to your employer's response to their request for information. Now they're working on that initial decision. Don't be hurt, don't be indignant. You knew the guy was a jerk, don't be surprised that he has done this to you.

If you are approved, and the employer appeals, this is very important, even if you have, by this time, found another job , DO NOT blow off the hearing. If he goes to the hearing and you do not show up for it, you may find yourself denied, and this would mean that you owe back any unemployment benefits you did receive. So even if you are working again, or are about to go back to work, still attend any and all hearings and state your version of the events that transpired.

It sounds from your side of the story, as others have said, as though you have an excellent chance of being approved. Just state your facts calmly and professionally and don't try to dilute your case with too much extraneous information. And just for the record, in case you wondered, no you cannot at this time in your case, sue the employer for lying in the claims inquiry or in the hearing.