need an opinion

[awmurray]

What is the name of your state? Colorado

I was recently fired (01/08). This would be the first time for me, and I personally feel it was unjust. My superintendant wanted me to do a task one morning, and I asked him why he couldn't, being that I was busy with something else. He got upset, there were words said between us, and he told me that if I had that kind of attitude, I could just go home. I responded with " that's ok with me, I don't feel good anyhow". As I walked to my vehicle, he stated that when I go to the office again, I can pick up my last check. I have a viable witness as to what happened. About 2 wks later, I decided that I will file for UI. After filing, waiting for the response (doing what is required of me), I received a letter of award.
Employer did not rspond with reason. I am currently intitled to benifits. After my second check (about 4 wks), I received a letter that the employer is appealing. Any thoughts, advice, etc...
thanks

 

[xylene]

Any thoughts, advice, etc...
thanks

Don't spend any of the unemployment money till you get this resolved.

 

[Zigner]

Yep - being fired for insubordination can lead to denial of UI benefits...

 

[mlane58]

I can tell you that in Colorado, the employer is going to have to prove willful or wanton disregard of their interest as is found in deliberate violations of disregard of the standards of behavior which the employer has the right to expect of his employee.

On the other hand, the mere inefficiency, unsatisfactory conduct, failure in good performance as the result of inability or incapacity, inadvertencies or ordinary negligence in isolated instances or good faith errors in judgment or discretion are not to be deemed 'misconduct'

Having done well over 700 UEI hearings in Colorado alone from the employer's standpoint, unless the employer persuades the hearing officer that you showed willfull misconduct and I don't see how based on your post, then you have an excellent chance of retaining benefits. Just be honest and calm.

 

[VeronicaLodge]

kinda sounds to me like the dude quit. supervisor said "if you feel like that you should leave" and dude said "ok" and left. i would take that as quitting.

 

[mlane58]

That's not the way I read it.

 

[VeronicaLodge]

let me ask it this way, im at work having words with my supervisor about something dont like about my job and my supervisor says "well if that is how you feel about this place, maybe you should work somewhere else" and i say "ok" and leave. did i quit or was i fired?

 

[xylene]

let me ask it this way, im at work having words with my supervisor about something dont like about my job and my supervisor says "well if that is how you feel about this place, maybe you should work somewhere else" and i say "ok" and leave. did i quit or was i fired?

Actually I think in this case it this went more like "i say "ok" and then storm off the job site, get in my truck and leave immediately."

 

[cbg]

I could make a case for this either way. But frankly, I don't think it matters a whole lot.

Say the employee quit. Quitting is not a qualifying reason for benefits except in very limited circumstances. This is not a reason that would fall into these circumstances. So if the employee quit, it's unlikely that he'll get benefits.

Say the employee was fired. If he was fired, it was for walking off the job after being insubordinate. Both walking off the job and being insubordinate are disqualifying reasons for benefits, again except in limited circumstances which would not apply here. Put the two reasons together and it's even less likely.

It is slightly more likely that the employee would be granted benefits if he was fired under these circumstances, than if he quit under these circumstances. But face it, either way his chance of getting UI aren't great.

 

[awmurray]

To all who want ot know, I didn't quit, my super told me to go home, and I said ok I will. After I walked about 20 steps to my truck, he stated that when I go to the office again, I can pick up my last check. With all that said, I'm more concerned that I was granted benefits for 4 wks already, and now the employer wants to appeal? If I felt that I legitamately gave a reason to be fired, I wouldn't have filed for UI in the first place.

thanks

 

[VeronicaLodge]

why not, if you were fired you could be entitled to UI benefits. your employer has the right to appeal. end of story.,