Hubby was terminated...employer says he quit

[learlywine]

What is the name of your state? KY
My husband had been employed with a company for almost 22 years. He had been a manager for 6 years. Part of his duties entailed quite a bit of travelling. In March of this year, he asked to step back a position and not do so much travelling & supervise a set number of crews in a certain area of the state. This was granted to him. In May of this year his boss called him in and told him he would have to take on additional crews and 2 more areas in the state. He told his boss he didn't want to do this as it was not part of the deal he had, ( and of course, he didn't get it in writing!) Anyway, to make a long story short, his boss told him he would either have to take the new assignment or find a different place to work. His boss told him to take the weekend and think about it before making any decisions. He called his boss on Monday and told him he would accept the added responsibilities. His boss told him he had already terminated him on Friday! He has been drawing unemployment and now we get a letter saying the company wants to challenge the unemployment because they say he quit, he wasn't terminated. We have a hearing on Aug. 3rd with the unemployment people and the company. I guess it's going to come down to his word against my husbands. Any advice????

 

[Dandy Don]

There is something confusing about your post. How long has your husband been drawing unemployment and was he drawing it at the same time he was working for this company?

 

[learlywine]

He filed for unemployment the week he was terminated. He has been drawing it since May. The company does have the right to protest it and I guess they are saying he quit so that they don't have to pay it. My question is, do you think we need to hire an attorney? The hearing will be via phone conference between my husband, someone from the company where he worked and an official from the unemployment office. Like I said, it's going to come down to their word against his....

 

[Dandy Don]

His length of service is going to work in his favor and the unemployment office is very familiar with companies lying about employees who supposedly quit. An attorney is not needed but it wouldn't hurt for your husband to at least consult with one and with other unemployment claimants to get an idea of what to expect. If he just tells the truth he will most likely win. Best of luck to you--it's not right the way he is being treated, and this company can well afford to pay the unemployment premiums. Are there other former employees with this company who have also been treated shabbily?

DANDY DON IN OKLAHOMA ([email protected])

 

[learlywine]

Because he was in management, he said he has seen this happen before. Yes, 22 years he was dedicated to this company. If they only knew the number of birthdays and holidays, school events, etc... he has missed because of his job, but that's neither here nor there. He was "company" down to the core but he now sees he was just a number. Anyway, thanks for the advice. I'll let you know how it all turns out.

 

[fairisfair]

He filed for unemployment the week he was terminated. He has been drawing it since May. The company does have the right to protest it and I guess they are saying he quit so that they don't have to pay it. My question is, do you think we need to hire an attorney? The hearing will be via phone conference between my husband, someone from the company where he worked and an official from the unemployment office. Like I said, it's going to come down to their word against his....

It may well be his word agains theirs, however, the burden of PROOF is on the employer.