Unemployment fraud interview when a temporary job wasn’t clear on termination

[Nicosmomma]

I have an unemployment interview to question fraud on separation from employer. I am not at fault but I cannot seem to find the correct term for why my job ceased with employer.

I got a call from a fellow employee before a shift and she told me I did not need to come in for my shifts and that the owner would call me in regards to the situation. I was collecting part time unemployment during this time. I continued to file as normal.

One of the questions when filing is “did you quit or were you terminated from a job during the week?”

I never received a call from my employer explaining whether or not I was fired and I never quit so I continued to file and answered no to the question.

I am currently stressing this phone interview as I still feel stuck in a grey area on the matter.

I have heard rumors that would complicate the reputation of employer regarding this pending seperation. I was sexually assaulted in 2011 and the perpetrators wife confronted me my last day working at her establishment, apparently my employer has ties with the man who raped me. Because I was drugged I never went to the hospital for a rape kit but I focused on the fact that I was lucky I even got away. I obviously don’t want to get in any trouble for slander but what happened to me is my reality unfortunately and I suffer from it every day and members of my community know my story. Apparently the rumor is my previous employer was concerned for my safety and her association with me regarding possible slander.

This is all off topic but bottom line how do I make sure I am not punished for unemployment fraud when left on a lurch in a grey area of confusion in regards to employment. She could lie to cover her small business and she has resources to defend a lie whereas I do not.

 

[Zigner]

You tell the truth.

 

[PayrollHRGuy]

You didn't quit because of what happened in 2011 so I don't see how that should be a issue. Since this is a fraud case it likely has more to do with your "part-time" claim than it does the events surrounding your termination with this employer.

When you were collecting part-time benefits did you report each and every hour/dollar you earned from this employer?

 

[commentator]

Quote: "This is all off topic but bottom line how do I make sure I am not punished for unemployment fraud when left on a lurch in a grey area of confusion in regards to employment. She could lie to cover her small business and she has resources to defend a lie whereas I do not. "

this stuff is ALL very off topic about your unemployment benefits and the weeks they are inquiring about. The unemployment system is totally disinterested in what else may have happened to you on the job. The unemployment system certainly doesn't give a rats patootie about what happened to you on the job in 2011! You do not need to find the correct term. All you have to do is very honestly tell them exactly what happened for the specific week they are asking about. They will know what questions to ask. You answer, honestly, and they will determine if you were overpaid. If they determine you were, you can appeal. If you are overpaid, they don't send you to jail, they attempt to get the money back. But that has not happened yet.

All they are interested in is whether or not you filed a claim for benefits for a week where you were or were not able, available and actively accepting all the work that was available to you from the employer. Let them ask the questions, forget that garbage about what happened to you and whether your rapist might be a friend of the employer and slander and all that jazz. The unemployment system IS NOT interested. You just answer the questions that are asked of you. Don't try to be smart or devious.

And for goodness sake, tell us WHAT STATE you are in, please.

 

[Nicosmomma]

The events that occurred in 2011

Where not related to this employment, it just came back to haunt me in my short time employeed at this establishment.

In regards to how much I made when I worked there my boss told me to claim 10 per hour because there was no way of totaling my amount until after her accountant took care of tips and that since this is a small business that was ok. And yes I did claim that amount.

 

[Nicosmomma]

I’m in Maryland

I’m in Maryland

Quote: "This is all off topic but bottom line how do I make sure I am not punished for unemployment fraud when left on a lurch in a grey area of confusion in regards to employment. She could lie to cover her small business and she has resources to defend a lie whereas I do not. "

this stuff is ALL very off topic about your unemployment benefits and the weeks they are inquiring about. The unemployment system is totally disinterested in what else may have happened to you on the job. The unemployment system certainly doesn't give a rats patootie about what happened to you on the job in 2011! You do not need to find the correct term. All you have to do is very honestly tell them exactly what happened for the specific week they are asking about. They will know what questions to ask. You answer, honestly, and they will determine if you were overpaid. If they determine you were, you can appeal. If you are overpaid, they don't send you to jail, they attempt to get the money back. But that has not happened yet.

All they are interested in is whether or not you filed a claim for benefits for a week where you were or were not able, available and actively accepting all the work that was available to you from the employer. Let them ask the questions, forget that garbage about what happened to you and whether your rapist might be a friend of the employer and slander and all that jazz. The unemployment system IS NOT interested. You just answer the questions that are asked of you. Don't try to be smart or devious.

And for goodness sake, tell us WHAT STATE you are in, please.

 

[Nicosmomma]

Sorry

My apologies I thought this fraud interview was in regards to whether or not I was terminated or voluntarily quit and I was trying to explain why neither occurred and I have been confused on my seperation ever since. I did claim earnings to the best of my knowledge. I appreciate your advice.

Quote: "This is all off topic but bottom line how do I make sure I am not punished for unemployment fraud when left on a lurch in a grey area of confusion in regards to employment. She could lie to cover her small business and she has resources to defend a lie whereas I do not. "

this stuff is ALL very off topic about your unemployment benefits and the weeks they are inquiring about. The unemployment system is totally disinterested in what else may have happened to you on the job. The unemployment system certainly doesn't give a rats patootie about what happened to you on the job in 2011! You do not need to find the correct term. All you have to do is very honestly tell them exactly what happened for the specific week they are asking about. They will know what questions to ask. You answer, honestly, and they will determine if you were overpaid. If they determine you were, you can appeal. If you are overpaid, they don't send you to jail, they attempt to get the money back. But that has not happened yet.

All they are interested in is whether or not you filed a claim for benefits for a week where you were or were not able, available and actively accepting all the work that was available to you from the employer. Let them ask the questions, forget that garbage about what happened to you and whether your rapist might be a friend of the employer and slander and all that jazz. The unemployment system IS NOT interested. You just answer the questions that are asked of you. Don't try to be smart or devious.

And for goodness sake, tell us WHAT STATE you are in, please.

 

[Zigner]

If you were told not to come in, that sounds a lot like you were terminated to me.

 

[Nicosmomma]

This is iffy

I claimed an average amount as recommended by the owner to the best of my knowledge even though I constantly asked for statements regarding tips and wages I never received anything

You didn't quit because of what happened in 2011 so I don't see how that should be a issue. Since this is a fraud case it likely has more to do with your "part-time" claim than it does the events surrounding your termination with this employer.

When you were collecting part-time benefits did you report each and every hour/dollar you earned from this employer?

 

[Nicosmomma]

Yes but

I was told not to come in for my shifts by a fellow employee and that the owner intended to follow up in which she never did. I asked my coworker if I was terminated or not and she said she did not know, at the moment I assumed I would hear from her and talk about whatever the conflict of interest may be and whether or not there was a resolution or not but I was just left in the air and never heard a word from the owner as promised and my old coworkers are still confused as well.

If you were told not to come in, that sounds a lot like you were terminated to me.

 

[Zigner]

Do you have your own records to back this up?

 

[PayrollHRGuy]

I claimed an average amount as recommended by the owner to the best of my knowledge even though I constantly asked for statements regarding tips and wages I never received anything

That will likely be a could thing to say when they ask you why you incorrectly reported your income.

 

[Nicosmomma]

No

this conversation about not coming in was over a phone call so no record however I did follow up with my my coworkers if they heard anything through text many times and they replied no. This is a small bar with only 5 employees in total.

If you were told not to come in, that sounds a lot like you were terminated to me.

Do you have your own records to back this up?

 

[Zigner]

this conversation about not coming in was over a phone call so no record however I did follow up with my my coworkers if they heard anything through text many times and they replied no. This is a small bar with only 5 employees in total.

Did the person you talked to actually have the power to terminate your employment?

 

[Shadowbunny]

I was told not to come in for my shifts by a fellow employee and that the owner intended to follow up in which she never did. I asked my coworker if I was terminated or not and she said she did not know, at the moment I assumed I would hear from her and talk about whatever the conflict of interest may be and whether or not there was a resolution or not but I was just left in the air and never heard a word from the owner as promised and my old coworkers are still confused as well.

Why did you think you were possibly being terminated? Did something happen prior to this conversation to make you think you had been/were going to be fired?