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Kind of long, but HELP NEEDED, wrongful termination?

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Jpierce

Junior Member
I live in South Carolina, and working in N.Carolina. I had worked at a gaming/LAN center in Charlotte, Nc for 1 1/2 years. Across that time, the 3 other store managers (SM), myself, and the owner, had come up with policies the employees of each of the 4 stores had to follow.
Policy: You could not be in the store an hour before it opened, and after an hour of it closing.
Now here's the situation.
I went to work on a Monday morning, worked my regular shift and went to my doctors office for a check up after an ER visit and surgery. Went back to the store after my doctors visit to play some World Of Warcraft. The assistant manager (AM) was closing that night, store closed at 10.
Around 10:17 he said he was leaving and got all the nightly paperwork down and bank deposit, etc etc. and failed to kicked out any of the regulars in the store at that time, assuming that because I was there and another employee, that the regulars could stay.
Leaving a total of like 10 people in the store after close. Around 10:30 one of the regulars left, and tried to exit the mall, but the locked the doors so he came back into the store and we let him out the back.
Me and the kid I went to the store with, left at 10:47p and left the PT employee and a few people and I told them to be out by 11.
Me and my friend left through the back door and told the PT'r to lock it behind us.

Well, they didn't end up leaving at 11, and he didn't end up locking the door behind me.
So when my AM comes in the next morning to open, the back door was wide open leaving all the items in the store available to the public (Imagine having 16 high end gaming pc's, 22 xbox 360's with 28" monitors just sitting there...JACKPOT!) My AM then contacted the DM (District manager) and the DM made his way to the store later that night.
I was scheduled to work a closing shift, but could not make it due to my car breaking down on the highway, and I called the same PT'r who was at the store the night previously and asked him to close for me, he agreed.
So as he's working the DM comes in, relieves him of his post, and tells him to go home.
Bunch of stuff goes down with the AM lying about stuff about the part timer.

That night, my DM and AM talked to head of mall security about what time everyone left and if the door was REALLY left open all night. Mall security said they didn't see the door open all night but they did see 2 people leave around 10:50 (Me and my friend).
Despite that I get a call on Wed. morning saying I was being LET GO because the back door was left open, even tho I was the last to use the door, I wasn't the last in the store.
Then my mother had talked to the owner of the company because she needed to know if I could file for Unemployment and if my medical would continue until end of December because I had operations in the following week and needed coverage.
The owner said my medical would continue until end of Dec. and that I was FIRED for breaking company policy and staying an hour past closing (Which is clearly not the case, as seen on camera leaving at 10:47ish) He said I could try to file for unemployment.
So there was no real proof either of those situations involved me, yet I'm still on the short end of the stick...haha


Now, I filed for unemployment, got apporved and all that, but haven't received a payment.
I know in the state of NC they don't need a reason to fire you, but if they do, shouldn't the owner and the DM somewhat have the same excuse for being fed lies by the AM??
Is the reason I'm not receiving my checks because I was fired? And as far as the unemployment office is concerned, is LET GO and FIRED the same thing? I was let go from a factory job in Ny and recieved unemployment.
And would telling this to a claims officer at unemployment change the fact I'm not receiving checks?


In dire need of help...Thanks in advance. :)
Justin Pierce
 


cbg

I'm a Northern Girl
FYI, a wrongful termination does not mean you were fired for something you didn't do; it means you were fired for a reason prohibited by law.

For unemployment purposes, you can call it fired, you can call it let go, you can call it laid off, you can call it terminated, you can call it made redundant, you can call it a toaster, you can call it Gary. They do not make their determination based on what it is called. The determination is made based on the REASON. Does the REASON you were let go/fired/terminated/et al qualify you or disqualify you for benefits? That's the only thing that matters, not what you call it.

If you were approved, then you will be receiving checks. Perhaps you hadn't noticed, but in just about every state unemployment claimants are at record or near record high levels. It's simply taking longer for the overworked and understaffed UI office to finish processing claims.
 

>Charlotte<

Lurker
Hello, fellow Charlottean.

I know in the state of NC they don't need a reason to fire you, but if they do, shouldn't the owner and the DM somewhat have the same excuse for being fed lies by the AM??
That's a contradictory statement. They don't need a reason to fire you (with certain exceptions, none which apply here) so what the owner and DM should or shouldn't have done is moot.

Is the reason I'm not receiving my checks because I was fired?
You need to contact the NC Employment Security Commission to see if your ex-employer is disputing your claim.

And as far as the unemployment office is concerned, is LET GO and FIRED the same thing?
Yes. You can be fired and still receive unemployment, it depends on the reason you were fired. As I said, contact the NCESC.

I was let go from a factory job in Ny and recieved unemployment.
Don't compare what happened to you in NY to what is happening to you in NC. Different state, different laws.
 

Jpierce

Junior Member
...

When I go onto the NCESC site and fill all the stuff out, it lets me make weekly claims, and when I hit submit it says something about pending due to eligibality.
Could that be the ex-employer disputing? And what can be done if he does that?
Or could it be because I filled for unemployment in NC and live in SC?
They said they'd be sending me something by mail 3 weeks ago, haven't recieved it yet. :mad:
 

>Charlotte<

Lurker
You can call them and ask about the status of your claim, but the requirements clearly state that you must have been terminated through no fault of your own. It's likely that the "approval" you received was an acknowledgement of the base requirements for wages and length of time employed, but now they're investigating other requirements such as the reason for your termination. Under the circumstances you described, I would think you are ineligible for unemployment benefits.

Definitely call and ask where they are in the process but, again, remember they are pretty swamped right now.

From the site:

NCUI 500AB, Notice of Claim and Request for Separation Information
Whenever an individual files an initial claim for unemployment benefits, the Employment Security Commission fully explores the reason for the separation from employment. After questioning the claimant, the Commission sends Form NCUI 500AB, Notice of Claim and Request for Separation Information, to the claimant's last employer.

If an individual became unemployed for any reason other than lack of work or a bona fide inability to perform assigned work, the claim must be adjudicated and a determination issued on the claimant's eligibility for unemployment benefits. If the employer returns Form NCUI 500AB to the Commission within 10 days, information on the form is used to determine the claimant's eligibility for benefits.
 

ecmst12

Senior Member
Their case for willful misconduct is weak, I think your chances are decent for being approved. You will receive Cobra information in the mail to continue your coverage; it will cost you more, but still less then paying out of pocket for your surgery. None of this means your termination was illegal.
 

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