unemployment insurance claim

[scoe911]

My lunch hour is not set. I went to lunch at 1:30pm due back at 2:30 pm. At about 2:15 pm my boss starts calling me. I explained I knew what time I had to return and that I did not appreciate his calling me ahead of time. He became upset and asked me to punch out and leave. I was fired and now they have raised a question regarding my eligeliblity for unemploymet insurance. My interview is soon what do I do?

 

[eerelations]

Wait a minute...weren't you still employed a few days ago when you were asking about how to sue your employer for unsafe working conditions and a HWE because a coworker ran up some bills on your VISA account?

That said (or rather asked), all you can do now is go to the UI interview, answer the questions as honestly as you can, and hope for the best. Whether or not you actually get benefits is something only a psychic can answer.

Personally, I understand why your boss fired you. I certainly wouldn't tell my boss not to call me, lunch break notwithstanding. (And isn't this the same boss who went out of his way to help you get your personal finances straightened out? And you respond by telling him not to call you?)

 

[commentator]

File your claim. Tell your side of this situation. They will contact the employer and ask for the employer's side of why you were fired. Then a decision will be made. If the decision does not go in your favor, you may appeal. If you win, they can appeal, attempt to prove they had a good misconduct reason for terminating you. That's all that can be done.

 

[scoe911]

Yes this is the same boss who made me work on Dr. Kings birthday even though we had the day off last year. The university is closed on that day. My boss told me I could make Dr King proud by putting in a hard days work(now does he sound so nice?). This was an ousourced job which I dont reccomend to anyone. The outsourcing company keeps the difference between what the university is paying and what I get paid and I just grew tired of being used.

 

[eerelations]

The outsourcing company keeps the difference between what the university is paying and what I get paid and I just grew tired of being used.

This is perfectly standard, and millions of people in North America work in this type of situation. I have, and so has probably everyone else responding on these forums. It has nothing to do with "being used" and everything to do with having a job that someone else (i.e., the outsourcing company) found for you.

I still think your boss had good reason to fire you, no matter what your personal feelings are about your outsourced status.

 

[swalsh411]

Here is my assessment. Take it or leave it.

You were on your lunch break. Your employer told you to return to work early. You told your employer you would like to finish out your lunch break. Your employer fired you because you would not return early from your lunch break.

Based on these facts alone I do not believe this constitutes misconduct so this should not disqualify you from unemployment.

 

[pattytx]

Here is my assessment. Take it or leave it.

You were on your lunch break. Your employer told you to return to work early. You told your employer you would like to finish out your lunch break. Your employer fired you because you would not return early from your lunch break.

Based on these facts alone I do not believe this constitutes misconduct so this should not disqualify you from unemployment.

I disagree. Your employer told you to return to work early. You refused. It's called insubordination.

 

[scoe911]

This is perfectly standard, and millions of people in North America work in this type of situation. I have, and so has probably everyone else responding on these forums. It has nothing to do with "being used" and everything to do with having a job that someone else (i.e., the outsourcing company) found for you.

I still think your boss had good reason to fire you, no matter what your personal feelings are about your outsourced status.

It has everthing to do with being used. This is the problem with the american work place. The university in an attempt to save money outsourced the job at a lower pay rate with no benefits(but ends up with more turnover). Pay a living wage with benefits and you will have a happier more productive employee(or not). Come on man... its like owning property vs renting. The only reason I took the job was the possibility of promotion. Outsourcing is B.S. the employee misses out and most of the time never knows it. Also I noticed you did not mention his racist comment. Do you think this might have something to do with my feelings toward my boss?

 

[Zigner]

Yes this is the same boss who made me work on Dr. Kings birthday...

I've never received that particular holiday. Nor have most of my vendors or customers.

 

[scoe911]

I've never received that particular holiday. Nor have most of my vendors or customers.

Then I guess you your vendors and customers should ask for the day off. The man died for his country(which is more than most americans do). Why do you think the feds and most states take off?

 

[eerelations]

Private employers are not legally required to give that holiday to their employees. Whether this is philosophically correct or not is moot as this is a legal forum.

The remark your former boss made to you was not racist. Stupid maybe, but not racist.

You need to get over all this.

 

[scoe911]

I am over it thanks.

 

[mlane58]

It has everthing to do with being used. This is the problem with the american work place.

The problem with the american workplace is that too many employees believe they can dictate to the employer how to run their business and based on your rant, you don't sound any different.

The university in an attempt to save money outsourced the job at a lower pay rate with no benefits(but ends up with more turnover). Pay a living wage with benefits and you will have a happier more productive employee(or not).

Thats a bunch of crap too. Many people get paid a great wage (based on their education experience and skills) and excellent benefits and still beleive they are entitled to more than their skills and experience deserve.

Also I noticed you did not mention his racist comment. Do you think this might have something to do with my feelings toward my boss?

How do you even fathom the comment was racist--nothing like playing the race card when you don't get your way.

 

[scoe911]

Whether this is philosophically correct
That is a funny word but we all take off for less important(in my opinion) people all the time.

 

[commentator]

When you accepted the job, whether it was half what regular university employees make or not, whether it has good benefits or not, you accepted the working conditions of the job. Kicking and whining and complaining about the work, the benefits, the pay after you get hired is not going to solve or make any kind of statement for the condition of the American worker as a whole. It's just going to get you what you got, which is fired. There are a lot of people unemployed right now who would probably be delighted to have this opportunity.

An hour of undisrupted lunch break is not a protected right. By s******g off to your employer who called you during your lunch break, and refusing to come back in when he asked you to, I'd say the decision against you will probably be that you were fired for insubordination. Had you had any prior warnings about your attitude, your lack of respect for your supervisor, and your general superior attitude about your job, that you were too good to have to put up with this miserable lowclass job, it will be leaning even more in your employer's favor as far as unemployment will go.