Question about unemployment

[commentator]

I wish you could stop worrying. Because it doesn't help, truly it doesn't. You have your story. He has his. One or both of the parties might be lying. They will go with the "more believable" of the parties.

No one here told you not to respond to the boss because you would make him mad and he would do something to your unemployment that would keep you from getting it. It is very rarely a good idea to interact with an employer after the hiring relationship has been severed. The longer and more often you stay in contact with him, the greater is your perceived dread of the power he has over you, and the more he can threaten you and try to get you to drop the claim. His behavior in this respect (I'll give you a good reference in exchange for dropping the claim) is what he is doing so you won't be able to draw unemployment and affect his tax account.

The thing you're doing, you're trying to placate him, worrying about what he'll "do to you," perceiving that he has the power to "do something" to your unemployment claim that he wasn't already going to do anyway. And frankly, in my experience, there was never a chance of that. It's something he would do to you anyhow, he was never going to say oh yes, she was laid off due to lack of work, she was best employee I ever had! regardless of what you do. If you dropped the claim, you'd not cause his tax rates to go up, and he'd be back at that job bragging about how he did something to you to mess up your unemployment to other employees, he doesn't mind letting everyone think he's all powerful in this area.

But I also very strongly doubt he'd either give you a good reference or pay you for vacation time regardless of what you agree to do. I have seen many employees who worried and agonized themselves into making very serious mistakes. And he'll happily take you back working for him with a 1099, which you cannot be as you are either a regular employee or working ILLEGALLY as a 1099, a contractor with no benefits and your own tax responsibilities and NO recourse if he just suddenly decided to stop paying you or never pay you.

 

[isis297]

He managed to get my unemployment thrown out and now that I am looking at my letter again and after some research, I don't think I would have a chance at an appeal. Am I understanding correctly that an employer can just change your schedule or the way your job is set up and there's nothing you can do about it? When he hired me he understood that I had 2 special needs children and needed a remote and flexible job. As time went on he added things like a specific day a week at the office, Monday night finance meetings at his condo with his wife and him, 10 am Monday morning phone meetings, etc. and I obliged all of them. The one thing I couldn't was him deciding he wanted 8 hours a week in the office. I only had 5 hours between dropping my youngest who is special needs off to school and having to pick him up. On that basis alone is why I lost unemployment.

 

[PayrollHRGuy]

What exactly does the determination from UI say was the reason for termination?

 

[isis297]

Failure to show up for work. :-(

 

[isis297]

I was reading the job description he gave me again and thinking how it was able to turn into what it did. On it he talked about the position coming with 2 weeks of vacation and a week of sick days. It talked about having a 401k with 3% company match and life insurance. He doesn't actually have either in place. It talks about health insurance which I set up for the company. In fact, I just copied this from the document:

▪ Employee, employee plus, or family health & dental insurance at 50% company contribution. ▪ Short-term / long-term disability ▪ Life insurance ▪ Simple IRA with 3% company match ▪ 2 weeks paid vacation and one week sick leave ▪ Flexible schedule and remote work assignments

It also said occasional travel not to exceed 30%...that would probably be if something came up where I had to go to client sites which I did once in a while, shopping trips for the office and clients, etc.

But is my understanding correct that because later he put on a list for me that he wanted me to work 8 hours in the office knowing I couldn't that that means I'm SOL?

 

[PayrollHRGuy]

Failure to show up for work. :-(

That is a good way to get fired and disqualified.

Also, given your limitations, you could also be classified as NOT able and available for work which would also have a disqualifying effect.

 

[isis297]

That is a good way to get fired and disqualified.

Even though that wasn't in our agreement when I was hired and he knew I couldn't do 8 hours at the office in one stretch?

 

[Zigner]

Even though that wasn't in our agreement when I was hired and he knew I couldn't do 8 hours at the office in one stretch?

Yes - an employer is able to set schedules.

 

[PayrollHRGuy]

Even though that wasn't in our agreement when I was hired and he knew I couldn't do 8 hours at the office in one stretch?

Yep even though.

Also, I edited the post that you quoted after you quoted it. You might want to go back and read what I added.

 

[isis297]

So there's no point in me even appealing the verdict then...

 

[PayrollHRGuy]

So there's no point in me even appealing the verdict then...

There is no point in not appealing it. It costs nothing and UI agencies make mistakes even at the appeal levels all the time.

I wouldn't appeal if it took time away from looking for a new job.

 

[Zigner]

isi297 - Are you presently trying to find a job?

 

[isis297]

Yes, I'm actually sitting down to send more resumes out yet again tonight.

 

[Chyvan]

He managed to get my unemployment thrown out

Three pages of posts, and not once did you mention you didn't have a clean separation. We could have been working on this for 6 weeks so you could hone your story and get your proofs together.

When your employer CHANGES the terms and conditions of employment a sufficient amount, that can get you UI if you don't accept them. In your case, it can raise able and available issues, and you try to your best to keep your personal issues to yourself

Submit the appeal request.

To start, read these and see if anything works for you. https://www.labor.ny.gov/ui/aso/Section_1600.htm

I'd start here in this chapter: https://www.labor.ny.gov/ui/aso/Section_1600.htm#1660

Please type in all the words from the decision. It says a hell of a lot more than you failed to show up for work. If you want your UI, you're going to have to work for it.

 

[isis297]

I didn't mention an unclean split because to me it was NOT unclean...not when he is offering me to continue working for him as an independent contractor or offering to write me a positive letter of recommendation. He listed things on my work form that were incomplete, but he had also cut my full time hours down to 20 to 30 over the 4 months prior along with weeks of furlough because the company didn't have money in the bank from him not securing jobs. I was doing the best I could with my full time work load that I wasn't being given full time hours to complete. He stated it was in the best interest of the company for him to outsource my position.

It's fine. As Commentator and PayrollHRGuy said, I learned during my employment what this guy was like. I shouldn't be surprised by anything he's doing. I am feeling very hopeful about one of the jobs I applied for so hopefully it will come through and none of this with him will matter anymore and I can have him out of my life once and for all.