Question about unemployment

[PayrollHRGuy]

How long does he have to do that? I filed on 4/22.

It depends on when the state gets the forms to the employer. There is a deadline for their initial response, then a period if the state requires further forms or other answers, then the state makes their decision, then the employer has 20-30 days to appeal, then the appeal gets scheduled and that takes some amount of time. After the hearing, a decision is reached and there is the possibility of further appeals.

That's a long way of saying it is finally decided when it is finally decided.

 

[xylene]

THink about it. If they don't require self-employment to be reported anyone that starts a business when receiving UI is being subsidized by the state.

Honestly, if the state had any brains they WOULD incentivize entrepreneurship among the jobless, but yes you are right and the OP is wrong about something that is very clear.

 

[commentator]

I've worked with the state and the system a long time, and believe me, nobody with enough smarts and initiative to start a successful business is going to see unemployment insurance as any kind of viable source of income except in the very short term. A few states, such as the one this OP lives in, are very unfriendly to people drawing unemployment with pick up income and second jobs and those starting their own, some are less so, but most of the time, as I said, unemployment is such a pittance for such a short time that no one is likely going to postpone their dreams of self-employment so they can draw out their full claim.

But a lot of people who are far outside the system think unemployment is a big ol' deal, and you are fixed for life if you get it and you are freeloading off the taxpayers. Not so much. As I have said, there's usually about anything that you can find to do that will pay you better than unemployment (especially in the southeastern states where the WBA's are very tiny). While you don't want to leave it on the table while you do your job search, since you don't get it unless you are determined to be legitimately entitled to it, it's not a huge help. Back in the 1930's it did actually keep people from sheer starvation, and it kept the robber barons from literally starving out their employees, but since the golden rule is in effect (he that has the gold makes the rules) it's not a lot anymore, and it's not so often used by the system to help their clients as a bridge to doing better, as it could be.

That said, this OP is just doing to have to relax and stop trying to micromanage and pre plan and seek reassurance about every single thing that goes on with their claim. (Or hasn't happened yet and might happen.) When will I know? How can I tell? As I said, around fifteen to twenty days to file the appeal. You'll hear if they do. It's uncertainty you'll just have to tolerate. Forget the claim for the time being. Find another better job quickly.

 

[isis297]

I am starting to realize that losing this job was the best thing that could have happened. The letter he sent stated that I had used some of my fringe benefits but that there was no record of those billings. I had sent him my notes back saying that I had only asked to use sick days twice and that he had denied them both times telling me to just rearrange my hours and that the only paid time off I received other than holiday pay was bereavement. I attached a copy of my pay stub.

Now I just received a certified package from him talking about me missing time and incomplete jobs. A number of those days were days he told me not to come to the office because the driveway was a sheet of ice. The office is in the woods up a small mountain. I also explained to him when he hired me that I needed a position that was remote and flexible because I'm a caregiver for my two children who are special needs. We discussed that before he hired me. Suddenly he's marking on a timesheet report about how I wasn't at the office for 3 hours each week even though he knew that I only had 5 hours available between dropping the last child off and picking up on those days.

He also talked about incomplete assignments but is not acknowledging the fact that he cut my hours in half but my workload stayed the same. It was not possible for me to do the work in the allowed time.

He had discussed at the beginning of April me having 30 days to get all of my tasks caught up. A week later I was furloughed because the company didn't have any money in the bank and we discussed the middle of that week moving forward. Two and a half hours later I suddenly get a text saying that he is sending me a termination letter.

Obviously I have no intention of discussing the vacation time further with him. He is twisting information around like he did for the only other employee who tried to get unemployment. The guy said that he walked off the job for religious reasons because my boss wouldn't let him leave on Saturdays by a certain time to go to church and he presented his timesheet saying that he had only worked two Saturdays when in reality the guy was salary and was just throwing eight hours a day on the timesheet. The boss knew this.

I have already gotten two payments from unemployment. I was told by them that my claim is fine. Can my former boss start trouble at this point? I already heard he is angry I'm getting unemployment and said that I came after him for $10,000 which I didn't. I only asked about the vacation time.

 

[PayrollHRGuy]

I have already gotten two payments from unemployment. I was told by them that my claim is fine. Can my former boss start trouble at this point?

Go back and read my post number 16 above.

 

[commentator]

Actually he probably is past his date of appeal. I hope he is. If so, there's really not much he can do. If he were to appeal your claim, they would notify you. No way you can make it happen, or change what is happening at this point.

There would be an actual hearing, this time, in person or by telephone. But since your employer has already picked his reason why he was terminating you, and told that to the unemployment system before the first decision was made, it is not so easy for him to say, "oh no, wait a minute, I've changed my mind. She wasn't terminated for that reason, she was terminated because......." and cooking up some other totally different reason. So really, I wouldn't worry excessively about what has happened, what might happen, etc. The die is cast.

If he terminated you for attendance issues, he can now complain at a hearing about days you were supposed to work that he claims you didn't work. If he didn't terminate you for that specific issue, he can't now come in with all sorts of attendance records and claim you did something bad and here's the proof. But justified attendance terminations require that he had discussed your attendance issues with you, that you were aware that you were in danger of being terminated for attendance issues and chose to still not work the appropriate hours. It doesn't sound like this happened.

From the sound of the communication you're receiving, it sounds like he's just thinking up reasons between you and him, not connected with an unemployment claim in any way, that he doesn't think he should have to pay you that vacation time.

HOWEVER, there is BIG WARNING I need to give you here, concerning unemployment insurance. What you are saying, when you so carefully justify yourself as to how you and he both agreed on the hours you were available to work could sure get you in a heap of trouble if it comes up as an issue and ever gets discussed by the unemployment system!

Quote: "I also explained to him when he hired me that I needed a position that was remote and flexible because I'm a caregiver for my two children who are special needs. We discussed that before he hired me. Suddenly he's marking on a timesheet report about how I wasn't at the office for 3 hours each week even though he knew that I only had 5 hours available between dropping the last child off and picking up on those days."

No employer HAS to give you this sort of personal accommodation! This was, actually, very nice of him, and rather amazing to me that he agreed to it. There is NO labor law that would allow you to put this sort of restriction on your next employment and be considered able, available and actively seeking work. If you were to go into a hearing, or for any reason, tell the unemployment system about how he made this agreement with you, and you explained how you could only work......and so on and so forth, they will ask some very sharp questions about your availability for jobs and you may very well be disqualified for unemployment.

If I were you, I'd forget about getting the vacation pay from him. He's obviously going to argue about this until the cows come home. There is no law that demands he pay it. While he can't keep coming at you about it through your unemployment insurance, he will keep you jacked up forever.

It will never, once the decision has been made regarding unemployment insurance and the time for an appeal has passed, be an issue with the agency.

But if I were you, I'd never ever (to the unemployment system) mention that this employer ever gave you such an accommodation as he did. and never ever mention to the system that you need that sort of accommodation made for you in order to accept another job. There is no employer that is required to allow you to be off or to accommodate your childrens' schedules, special needs or otherwise. There's simply no labor law that allows for it or demands it. And you would lose your unemployment NOT because your employer appealed it, but because you removed yourself from eligibility by setting restrictions on the hours and times you would be willing to work. As you are receiving benefits, do not apply for any job that does not meet your needs. Do not go in to the unemployment system demanding all these accommodations or you will find yourself disqualified and possibly overpaid, not because of your employer, but because of what you yourself have told the agency.

 

[isis297]

Thank you both. Commentator, I understand and appreciate what you are saying. My only point in mentioning what he and I discussed prior was that I knew my limitations and obviously wanted to make sure that he understood my limitations so that I didn't waste his time. If I told him those limitations and he still chose to hire me then I don't understand the situation in regards to him.

I received a letter yesterday from unemployment about SEAP and I was planning on moving forward with it. I thought considering my circumstances it would be a great opportunity.

I'm hoping that if there is an issue my termination letter protects me. If I was such an awful employee why did he offer to discuss working with me on an as-needed independent contractor basis and offer to give me a letter of recommendation if I wanted one? Everybody else who has left was told in their letters that they were not eligible for rehire or reference.

 

[isis297]

Commentator will there be a day when I can breathe without worrying he's going to try to cause trouble? Such as if I don't hear from DOL about an appeal by the end of this month maybe? They seem to send letters pretty quickly.

 

[PayrollHRGuy]

You should have received copies of all the notices the employer received. These letters should have deadlines for various appeals.

 

[commentator]

Yup, you should have your letter saying that your claim was approved. In it, there will be general information about appeals. If the date it tells you on that letter that either party can file an appeal has passed, (15 days, 30 days, etc.)that's it. That's the deadline for filing an appeal. After that, he can't file an appeal except under the most unique of circumstances which I suspect will not happen! So stop worrying about this employer in your past.

If you want to go into the SEAP program, if you have a good idea for self employment, that sounds like a good thing for you, but remember what I have told you. DO NOT mention to anyone during this participation or ANYof the unemployment processes that you are only available for re-employment contingent on your particular schedule and restricted by your care of your children. That will do you more harm than your past employer ever could. You cannot restrict your days hours and times of able to work. If you are in SEAP, you can pursue your small business idea without the necessity of doing job searches, which might be a very good thing for you. But work with them, without working yourself into a situation where you happily confess you're only able to work certain times, blah blah blah. Be careful not to give them too much information. Stress that you are able, available and actively seeking other work until they tell you that you don't have to.

 

[isis297]

I have not gotten any letters like that. I have only gotten the letter about eligibility, another letter about how to do your weekly claims, one about my first meeting appointment and one about s e a p.

 

[PayrollHRGuy]

I have not gotten any letters like that. I have only gotten the letter about eligibility, another letter about how to do your weekly claims, one about my first meeting appointment and one about s e a p.

Well, you should have or they are available on the website.
Go back and fully read what you have received or post what you have AFTER YOU HAVE MARKED OUT ANY IDENTIFYING INFORMATION. AND LOOK HARD BECAUSE YOUR SSN MAY BE IN MULTIPLE PLACES.

 

[isis297]

I apologize. I just saw your last post. Since we last spoke, I've learned he's very unhappy with me for requesting my unused vacation time and applying for unemployment. I have NOT asked about vacation any more because I was following the advice here and didn't want to make him mad so he did something with my unemployment as I've seen him twist things before for another employee. Sure enough, I get a form stating that he told unemployment my reason for discharge was that I falsified time records! He is just trying to say whatever he can so I don't get unemployment and I'm further irritated that he's lying about me. I am a very honest person to a fault! We used a time sheet app that actually tracks our location or it didn't allow you to clock in. I always compared my time sheet entries to my various tools for doing my job - text messages, emails, phone logs, etc. My termination letter said I was terminated because I was not getting all of my tasks done within the time allotted (remember, reduced hours for the past 4 months but not reduced work load for me...lack of new field work which meant lack of operating capital). It said that he had made the decision it was in the best financial interest of the company to outsource my job and he invited me to reapply as a 1099. It also said if I did not wish to do that then to let him know and he would be willing to write me a positive letter of recommendation. Because you do those things for untrustworthy employees apparently. So now because he's mad he's going to lie. I'm trying not to stress, but... I sent their form back along with a write up about why I chose to apply as I did and why I felt the company had lack of work. I also attached copies of text messages from him discussing the same things, furloughing the entire staff the week before because of no money in the bank, my termination letter, etc. What should I expect now?

 

[commentator]

Quote: " It also said if I did not wish to do that then to let him know and he would be willing to write me a positive letter of recommendation. Because you do those things for untrustworthy employees apparently. So now because he's mad he's going to lie. I'm trying not to stress, but... I sent their form back along with a write up about why I chose to apply as I did and why I felt the company had lack of work. I also attached copies of text messages from him discussing the same things, furloughing the entire staff the week before because of no money in the bank, my termination letter, etc. What should I expect now?"

Are you asking what you should expect from unemployment insurance, or from the person you used to work for? All I can tell you is that your claim is filed. You've been filing weekly certifications and responding to whatever they have asked of you. As for your boss, nothing has changed. He was going to lie his head off from the beginning, you knew this. He was never going to give you a good recommendation. You knew that from the beginning. You will probably never see one minute of vacation pay. You should've known that from the beginning. You are allowing this man to have far too much power over you. Is it possible you were expecting him to be a decent, honest, fair, nice person and say, "Sure, here's what I should be giving you, have a nice life!" ? That you shouldn't have expected.

You should be responding only to the unemployment system, filing your weekly claim and waiting to see what happens based on them. As we have told you, over and over, he does not have control of the unemployment insurance approval process. All he has is a chance to appeal and to tell them basically any kind of anything he wants to. Whether he says you falsified time sheets, which is a very stupid thing to assert if you do not have a whole lot of proof and a trail of where you discussed this with the employee before their termination, or whether he says you stripped off naked and streaked through the office, what does it matter? If they want to ask you something about it, they will.

You just try to stop stressing, see what happens, and be looking for another job and for gosh sakes, stop obsessing over this old one that is gone.

 

[isis297]

I am only worried about keeping my unemployment while I look. That's all.