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Unemployement Fact finding interview

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JillyJucie

Junior Member
What is the name of your state (only U.S. law)? Va.
I was fired for not opeing the store on time.
My manager had told me he would open for me that morning in our Texting conversation in the earlier moring. ( I do have the text from that). He never opened the store. We opened at 9 and called me a few minutes after to ask where i was and informed him that i thought he said he would open. Well, After that conversation i left my house to get there as quickly as i could. When i arrived he was already there. Now a week goes by he never mentions anything to me about it. Then one night after working all day we were closing and Him and the HR lady called me in the office and Fired me.

Now i do want to say that Since April of this year we had about 7 employes. Jus before i was fired one quit bc of the manage one resigned bc she was ask to or get fired and the other 2 left to persure another field one of those two with in the company. So what im saying is Our New CEO wants new people in because people usally don't like change so finding away to fire them or threating them is what i think is gone on here. My manager did say that i was improving to the HR lady when they fired me. As far as my past conversations with them about cash handle incidents . check was in my bank deposit but not ran through. And I was given a final warning because a fellow employee opened the safe to put our money bags in and we did so and she did not close it and i didn't either. But i never opened it to begin with. they tried to say that there where to any incidents and that i was gone. Is there any change i will get unemployement in your opinion[/B]What is the name of your state (only U.S. law)?​
 


pattytx

Senior Member
You want to address ONLY the incident that appears to have caused your firing, i.e., the opening the store issue.

The fact that you were "improving" implies that there was something that needed improvement. You don't want to get into that at this point. If you are granted benefits and the employer appeals, THEN you'll probably have to address it.

It is not unusual for new management to want to bring in their own people. However, if they really wanted you gone, they didn't have to wait for a specific incident. They could have just said "Jilly, your services are no longer required".
 

Kathryne0920

Junior Member
You want to address ONLY the incident that appears to have caused your firing, i.e., the opening the store issue.

The fact that you were "improving" implies that there was something that needed improvement. You don't want to get into that at this point. If you are granted benefits and the employer appeals, THEN you'll probably have to address it.

It is not unusual for new management to want to bring in their own people. However, if they really wanted you gone, they didn't have to wait for a specific incident. They could have just said "Jilly, your services are no longer required".
True enough, but if fired for cause then the employer doesn't have to worry about a negative experience rating if UI gets paid out.
 

swalsh411

Senior Member
True enough, but if fired for cause then the employer doesn't have to worry about a negative experience rating if UI gets paid out.
Not necessarily. Being "fired for cause" doesn't automatically disqualify somebody from unemployment. The "cause" has to constitute misconduct, which in a nutshell generally means either insubordination or doing somebody so egregious that any reasonable person should know this is not acceptable behavior. (showing up drunk to work for example). If your manager told you that he would open the store that day and you didn't need to do it, and you were fired for not opening, I cannot see how that constitutes misconduct.
 

Kathryne0920

Junior Member
Not necessarily. Being "fired for cause" doesn't automatically disqualify somebody from unemployment. The "cause" has to constitute misconduct, which in a nutshell generally means either insubordination or doing somebody so egregious that any reasonable person should know this is not acceptable behavior. (showing up drunk to work for example). If your manager told you that he would open the store that day and you didn't need to do it, and you were fired for not opening, I cannot see how that constitutes misconduct.
Agreed, but at least an employer can fight someone on the UI issue if they are fired for cause. If someone is simply dismissed or laid off they cannot.
 

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