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Applied for Unemployment Due to Reduced Hours, Employer Says I Quit

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  • 11-03-2012, 06:16 PM
    melanie11
    Applied for Unemployment Due to Reduced Hours, Employer Says I Quit
    My question involves unemployment benefits for the state of: Virginia

    I will try not to ramble, although this is a convoluted story. I work for a security company that has repeatedly crossed the line of fair business practices more than once. I was offered a full time office position (in-house) and thought my dreams had come true. There was a hold-up on my licensing process so they had me on suspension for 30 days until I cleared it up; I did it in 4. They then refused to hire me back at the position and put me back in the field. After filling in temp posts, I was offered a new 40 hr post;awesome. The post ended after 1 month because another guard was caught sleeping on multiple occasions. My hours were then cut to 0. I waited 3 weeks for something and just kept being told there was a post opening in October; never happened. I agreed to a post with 14.75 hrs a week, believing this would get better but it didn't. So I applied for partial UI due to reduction in hours. My HR rep, and scheduling manager said I quit and they had not heard from me (while I am working the 14.75 hrs) I had my hearing yesterday, and was fortunate to have the deputy allow me to forward my numerous e-mails proving I was in constant communication, plus my hours were reported as I was instructed. I hate my job but it's all I got right now. It is not smart of me to quit a job when I have 2 small children, and impossible to find a supplemental income job because my hours here are ridiculous and nobody wants to work around them. I went 3 1/2 weeks with no income so I have to go to court on WED for eviction because I can't give my landlord an answer s to when it will get better.
    So what are my legal options against this company? The scheduling manager is so inept at his job that they hired a replacement and demoted him, but he claims I turned down work; seriously. He also claims he has proof of all that he says (as do I) will they win?

    PS 1 hour after my telephone hearing I was told by said manager that my 14.75 hr post was ending and I did not need to report any further to the site. My best friend is the AA and she says she never saw the contract termination e-mail that she usually gets prior to a post ending. Sounds like retaliatory termination to me, but I'm no lawyer.

    I told you it was convoluted :(
  • 11-03-2012, 06:30 PM
    cbg
    Re: Incompetent and Now Dishonest Employer
    You are entitled to continue filing your unemployment claims and to look for other work.
  • 11-03-2012, 06:47 PM
    melanie11
    Re: Incompetent and Now Dishonest Employer
    really? I am doing that, and have been for months. Apparently I am overqualified (20 yrs experience in hospitality/service industry and a degree in bus management) I am specifically referring to an employer blatantly lying. To say I quit while I work 3 nights a week is lying, right?
  • 11-03-2012, 07:02 PM
    cbg
    Re: Incompetent and Now Dishonest Employer
    Even if so, that does not entitle you to legal recourse. Lying is not illegal.
  • 11-03-2012, 07:44 PM
    melanie11
    Re: Incompetent and Now Dishonest Employer
    Lying to a deputy during an official hearing is not illegal? wow I am shocked! But if I lied I would be denied benefits; how does that work?
  • 11-03-2012, 07:47 PM
    cbg
    Re: Incompetent and Now Dishonest Employer
    What makes you think that? Not true. And it wouldn't be illegal if you did, either.

    The fact of the matter is, the unemployment officials are well aware of the fact that in an unemployment hearing, either the employer or the employee, or both of them, may be lying. That's just a fact of life to them and they take it in stride.

    Besides which, I don't think we've established absolutely that anyone lied. It's not outside the realm of possibility that someone made an error, but there's a difference between deliberately lying and making a mistake.
  • 11-03-2012, 08:02 PM
    melanie11
    Re: Incompetent and Now Dishonest Employer
    he said I quit and has had no communication with me since 10/9, so I forwarded all the e-mails between us because he is completely incapable of returning phone calls to the employees; which led to him being removed from his position to a field manager. Trust me, he lied. He says things that are not only untrue, but malign my character (imo) even the deputy said "Well, that's not true is it? I have the e-mails that contradict your testimony" I am looking for other jobs as I was removed from my post an hour AFTER the hearing. You should know that I am an exemplary employee that has gotten rave reviews from clients. Even when the 1 ended due to the sleeping officer, they requested I stay on but my employer told them a price they could not afford. I am not an exaggerator nor am I making a mistake. The main branch in Richmond has threatened to shut our office down due to the ineptness of this man, yet the branch manager keeps him on. They have a Dec. deadline to straighten up, but I am sure this will not bode well for them. Thank you for your replies though; I just found this site and thought I would try it. I will let others know how well it works, so far so good. :)
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