My question involves unemployment benefits for the state of: New York.
I was let go on July 14 2008. My employers exact words to me was "I'm sorry I have to let you go but we don't need an accounting manager anymore". Ok so I go home and file for UIB. I explained to the Representative what I was told and she told me that fell under lack of work/lay off (because my position was eliminated). I got my determination letter last week and then today I get a letter that while I claim lack of work/laid off my former employer claims I was fired for violating company policy. I was employed for about 7 weeks with them and never received an employee handbook with company policy. I was never even informed about benefits, 401(k), health/dental insurance, vacation time, etc. I was never written up or spoken to. I have no idea what rule I broke but my questions are:
1. Will I be penalized for choosing laid off/lack of work because I assumed (based on the above statement) that my position was being eliminated?
2. Will DOL automatically believe my employer since I have no way to prove what they told me in my "exit interview"?
I found it odd that I was paid 2 weeks severance since I was there only 7 weeks. Would an employer pay severance to a fired employee (as opposed to a laid off employee)? I have a few friends that were fired for various reasons and none received severance but yet the ones laid off did receive it (another reason why I believed it was a downsizing situation). If anyone has any advice or suggestions on how to proceed with my response back to DOL please feel free to respond.