UIC - Your opinion??? <Please >

[Katerina754]

What is the name of your state?PENNSYLVANIA

As I suspected - I was terminated today. WHich turns out as my husband pointed out to be a blessing - he never mentioned before how difficult it was to be married to me in the past year as I was constantly stressed out out over work, doing work at home, or complaining about work. So I move forward knowing when one door closes - another opens...with a few tears as I realized today I loved the DOctors and staff I worked with but hated the institution.

ANyway - heres what I ended up with:

They will pay my accrued vacation and sick time.
I will recieve the full monies of vested 401k (mine and matching)
COBRA option for benefits

HOWEVER: the reason stated on my termination was: Missing funds under the responsibility of employee.

So now suppose I wait until I receieve my vaca/sick pay and final paychecks - then file my Unemployment claim - as not to be penalized for income during claimed weeks - and see if they return a refusal/denial for my claim.

I am ASSuming they will indeed do so and noticed as I argued the original accusation of these funds being under my control - due to their demands that I frequently leave my work station unattended to assist in immediate needs of back office operations - they reworded the original acccusation from funds under my control to funds under my responsibility.

Is demonstrating that in following/obeying the directives of Management and the Director of this office - by the protocol they set forth for me to meet the requirements of my position that they were directly responsible for "taking that control" away from me - enough to satisfy an unemployment officer that I was merely perfroming my job duties and that in doing so - I was required to leave my front office workstation unattended thus providing direct access for 6 other employees to these documents with payments that they cannot prove that the funds missing could have been my responsibility when they are the ones who took that control away from me? (They did not provide a locked drawer or bag to keep these forms and attached payments in and all staff kept their batches next to their pc.)

I have 2 doctors and a midwife who are prepared to testify that the nature of my responsibilities required that when they need assistance (Im a nurse too) that I was required to go with them at a moments notice to chaperone or assist with patient encounters.

 

[Beth3]

The issue the UC division will be considering is whether the employer has reasonable proof that you and only you took or could have taken the money. Based on your posts, I don't see how they will be able to do that.

 

[Katerina754]

Thank you again Beth for your input - I shall keep these things in mind should the need to file an appeal arise. I will also shell out the $230 an hour to consult again with my attny prior to any appeal hearings etc... I hate to pull the " it could have been anyone" defense because I truely do not believe that any co workers tampered with my docs or paymments and that these discrepancies if such, occured as an HONEST error or are being misinterpreted by my employer.

I learned last evening after a long heart to heart with my husband that this job was destroying my marriage and was ready to tell me "The next time you come and youre so stressed out and angry that you cant even be nice to your dog, you need to pack your things and move into your office."

I'm sure that as this door closes another will open.

 

[cbg]

This may seem like splitting hairs, but I think it may be important.

As worded, the company is not actually claiming that you took the money. They are claiming that the money disappeared while you were responsible for it, which could mean that you took it, or could mean that you were careless in handling it, thus allowing someone else access to take it. So this is going to be one of those rare occasions where I disagree with Beth, at least partially; I don't think the issue is going to be whether you and only you could have taken it; I think it's going to be whether or not you failed in your responsibility to keep the money safe and intact.

That's not going to be as difficult a standard for them to meet as the other. I'm not saying they CAN meet it; I don't know enough specifics to say. But I don't think it's as simple as Beth does.

 

[Katerina754]

Update - IUC Benefits

Located in Pennsylvania.

In an update to the above - I filed my claim appropriately and detailed events which took place up to and including my termination. I specifically outlined that by adhering to the directives/instrucstions given to me by the Facility Director - Absolute Control of payments and billing docs was not able to be maintained - and that placing these additional "repsonsibilities" upon me that they infact created the situation in which control was lost.

As a refresher - I was the office coodinatior (not Manager) and I worked the check out station on a daily basis in addition to working claim denials, edits, and other administrative duties- however 1 year ago due to staffing issues - they required me to begin assisting in the back as well. So when a provider came out from a roon and needed a chaperone - I had to immediately leave my work station and go back to help - I say immediately because the docs complained they spent too much time waiting for an assist and Management felt that by requiring me go - they didnt see a need to hire another employee. On a daily basis - I was required to go in back leaving my workstation unattended - upon return to my station there were always charge slips and sometimes payments there which I myself did not collect or have any actual knowledge of the transation that took place - yet it was still my responsibility to post and process these transactions. These payments and billing slips were left at my station by other employees - covering in my absence... and that it was possible that the error or discrepanct occured as a result of the protocol in place which THEY created...

Anyway - a determination was made in my favor. And they are now appealing - and having a corporate lawyer handle this...suprise...

My the copy of my discharge notice I received at the time I was terminated leists only reason for my termination: Missing funds under the responsibilty of employee. Under Description of Specific Events - it says see attached sheet and documentation of 5 instances of funds, under the responsibility of Employee, that can not be located.

They did not provide me a copy of those docs as they were protected information as they related to visits in our office. We did however discuss them and I pointed out that just because my name was attached to the payment in the computer - did not mean I actually handled the transaction from start to finish. The discrepenancy was that in these instances only a portion of what the patient claimed they paid was posted.

They said they called these patients to discuss these transactions - and that the patients do not recall receiving change back and according to my employer - I was the person that handled the transaction... These visits dated back to Jan 04 thru to July 05 Now, Im not an attny but I certainly question how these inquiries were handled - the line of questioning and that they might have inferred to these people by suggestion. Because for the 6 years prior - yes - I was the only one handling these payments - so maybe the patient assumed 6 months later that it had to have been me...because it always before? Also - did the patient say I paid "so-in-so", or did my employer say - so you have the money to "so-in-so" and they just agreed...

Also the story has changed from my initial termination - they gave ma paper sating mssing funds which now on this letter has evolved to: Rule Violation and that I knew or should have known about this rule and that I had been warned about this rule!? I dont even know what the "rule" is...

So - now Im waiting to have my appeal hearing scheduled - ANy advise or tips?

 

[Beth3]

Katerina, even if the employer brings in Perry Mason the basis issue hasn't chanaged. (1) Whether the employer has reasonable proof that you took the money, or (2) whether the fact that the money went missing (even if you didn't take it) amounts to "willful misconduct" as it's defined in your State's UC reg's. Basically that means the employer will have to demonstrate that you were negligent in how you monitored the funds and that you knew better.

The fact that they're having their attorney handle this isn't terribly alarming. Many smaller employers have no in-house HR or related expertise and let an attorney handle everything that even smacks of legal-type stuff, even UC claims.