• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Retaliation?? Unemployment lies?!?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

singlemomK

Junior Member
I'll try to summarize what happened...
The whole thing started when he called me into his office and yelled at me, in my face, shaking.. I told him that he can't yet at me like that and left for an hour so he could cool down. I seriously thought he would hit me. He was telling me that I was horrible at my job (which was the first time I heard of that... I was never written up or even criticized) and was cutting my hours from full time to 4. He also started acting differently towards me once he found out I am a single mom (this is a major corporate company who claims that they are "christian" and are very reserved). During the hour I was gone, I called corporate and filed an incident report. He got word of this, retaliated (?) and cut my hours from 4 to 0. I decided to just let it go and filed for unemployment. I told them that I got let go, but now my old employer decided to tell them that I voluntarily quit (which was not the case... I even have a voice recording of this!)
I am sooo frustrated! I have a little boy to feed, and I am sure that there has to be many things that went wrong here.
Will someone please tell me what to do, where to turn, etc.? Thank you!!
Kelsi
 


Antigone*

Senior Member
I'll try to summarize what happened...
The whole thing started when he called me into his office and yelled at me, in my face, shaking.. I told him that he can't yet at me like that and left for an hour so he could cool down. I seriously thought he would hit me. He was telling me that I was horrible at my job (which was the first time I heard of that... I was never written up or even criticized) and was cutting my hours from full time to 4. He also started acting differently towards me once he found out I am a single mom (this is a major corporate company who claims that they are "christian" and are very reserved). During the hour I was gone, I called corporate and filed an incident report. He got word of this, retaliated (?) and cut my hours from 4 to 0. I decided to just let it go and filed for unemployment. I told them that I got let go, but now my old employer decided to tell them that I voluntarily quit (which was not the case... I even have a voice recording of this!)
I am sooo frustrated! I have a little boy to feed, and I am sure that there has to be many things that went wrong here.
Will someone please tell me what to do, where to turn, etc.? Thank you!!
Kelsi
What state are you in? If you've filed for unemployment then your next step is to look for a new job.
 

singlemomK

Junior Member
I know... I have been looking! I have been finding that no one wants to hire me due to my student teaching in the spring. It is taking a lot longer than I was hoping it would. In the meantime.... isn't it illegal to lie on an unemployment document?? I have a right to receive unemployment until I find another job... it's there for people like me. It's not like I'm going shopping right now! I am just trying to put food on the table and pay rent on time!
 

mlane58

Senior Member
I know... I have been looking! I have been finding that no one wants to hire me due to my student teaching in the spring. It is taking a lot longer than I was hoping it would. In the meantime.... isn't it illegal to lie on an unemployment document?? I have a right to receive unemployment until I find another job... it's there for people like me. It's not like I'm going shopping right now! I am just trying to put food on the table and pay rent on time!
You have a right to apply for unemployment, but your state (which you fail to mention) are the folks that will make the determination as to whether you recieve benefits or not. If the deny your claim, then appeal it.
 

Zigner

Senior Member, Non-Attorney
I know... I have been looking! I have been finding that no one wants to hire me due to my student teaching in the spring. It is taking a lot longer than I was hoping it would. In the meantime.... isn't it illegal to lie on an unemployment document?? I have a right to receive unemployment until I find another job... it's there for people like me. It's not like I'm going shopping right now! I am just trying to put food on the table and pay rent on time!
It doesn't sound like they lied to me. You walked out...
 

swalsh411

Senior Member
It doesn't sound like they lied to me. You walked out...
A one-time incident of leaving a full-time job for an hour to cool off after a heated argument with your boss is not abandonment or resignation and almost certainly not misconduct.

OP: Your employer has a right to contest your unemployment. The examiner will decide which side has a more credible story. If you stick to your guns that your boss was unprofessional and borderline hostile towards you and you just needed some time to cool off then I doubt you will be disqualified for having voluntrarily resigned.
 

mlane58

Senior Member
A one-time incident of leaving a full-time job for an hour to cool off after a heated argument with your boss is not abandonment or resignation and almost certainly not misconduct.

OP: Your employer has a right to contest your unemployment. The examiner will decide which side has a more credible story. If you stick to your guns that your boss was unprofessional and borderline hostile towards you and you just needed some time to cool off then I doubt you will be disqualified for having voluntrarily resigned.
If the OP walked off the job without permission, it is most certainly job abandoment and is considered to be quitting and I don't care whether it was 10 minutes or an hour.
 

swalsh411

Senior Member
If the OP walked off the job without permission, it is most certainly job abandoment and is considered to be quitting and I don't care whether it was 10 minutes or an hour.
Given the circumstances described by the OP, I don't agree. It does not meet the legal definition of job abandonment in any State that I know of. But the unemployment examiner would make that decision of course.
 

mlane58

Senior Member
Given the circumstances described by the OP, I don't agree. It does not meet the legal definition of job abandonment in any State that I know of. But the unemployment examiner would make that decision of course.
Then you don't a whole lot do you? Why don't you just cite what the "legal" definition is in most states?
 

csi7

Senior Member
I would hope that commentator adds to this.

It is not considered job abandonment when a person walks away from a volatile space to cool down.

File the unemployment. If the employer contests the claim, then file the appeal. At the appeal, you state your facts. The employer has to prove their case.

Good luck!
 

singlemomK

Junior Member
I don't believe he has tried to use "job abandonment" against me... although I do find that interesting to think that he could try.

A little bit more background information...
The job was a free schedule, as long as I got in my full time hours. It changed every day depending on who I was interacting with.
I also made it clear to him I was leaving due to his temper and would be back in an hour so he could cool off. Which, I did return about 45 minutes later and resumed my job. During this time period, I called corporate to file a complaint about how he yelled at me. I was told by corporate that removing myself from the situation was a wise thing to do.

He cut my hours from the new 4 to zero because of catching wind of me calling corporate. This occurred a few days later, not when I returned to work the day he yelled.

In regards to unemployment, I have been accepted and have been receiving for a few weeks. Yesterday I opened the mail to find the letter stating I "voluntarily quit". My employer knows it as well as I do that I would not quit. He wanted me to quit... literally tried to talk me into it (which I have recorded on a tape, because I wanted to have it there in case he blew up on me again) but I refused to quit.


Thank you all for your advice! Legal jargon confuses me so it is nice to have translation!!
 
Last edited:

singlemomK

Junior Member
I would hope that commentator adds to this.

It is not considered job abandonment when a person walks away from a volatile space to cool down.

File the unemployment. If the employer contests the claim, then file the appeal. At the appeal, you state your facts. The employer has to prove their case.

Good luck!
How do I go about filing an appeal? It sounds like this is one of the places I am at.... since my word got me unemployment but he is attempting to revoke it. Thanks!!
 

singlemomK

Junior Member
You have a right to apply for unemployment, but your state (which you fail to mention) are the folks that will make the determination as to whether you recieve benefits or not. If the deny your claim, then appeal it.
I'm in AZ. Sorry, I didn't realize it wasn't mentioned. Thank you!
 

pattytx

Senior Member
The employer can't "revoke" anything. If you have received the denial letter, it will include your appeal rights and the process involved. Read the letter carefully and NOW, because the time frame for you to appeal is very limited.
 

swalsh411

Senior Member
Then you don't a whole lot do you? Why don't you just cite what the "legal" definition is in most states?
Your response seems predicated on an incorrect assumption that there is a legal definition of "job abandonment". (in any state). I don't believe there is and never said there was. You're the one who stated that the OP's actions were "certainly" job abandonment so one would conclude that you must know what the definition is. Care to share?
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top