Re: Employer Lied About My Reason for Separation
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SB8686
I'm chalking it up to a mistake because HR rep told me that hundreds of employees like myself a remote auditor were separated the same day because the project ended. I'm sure there are handful that were in fact fired that are trying to claim unemployment and even more in my position that are opening a new claim. They are either trying to cut costs and be vindictive or making mistakes... Either way I have the evidence that states I was not fired and have never had any disciplinary action taken against me. If they want to fight then I will get legal representation for the appeal. This is all ridiculous to me. Thanks for everyones help and input
A lawyer is really unnecessary for a UI appeal/hearing.
Re: Employer Lied About My Reason for Separation
agree that a lawyer is way overboard -- have you called HR back and let them know what you got from unemployment since you know what they told you was in your records? Again, it might be easier if they can fix it now rather than going into a hearing with a lawyer. You are trying to fix a very small issue with a very large sledgehammer and at this point, nothing points to the fact that you need a sledgehammer!
Re: Employer Lied About My Reason for Separation
If the company wins the first interview it is actually necessary. If the company wins that means i'll have an over payment and will have to pay back money. I was not fired. I was never given any warnings on my performance. It's principle.
Re: Employer Lied About My Reason for Separation
If....and if..... why not try to solve it with HR PRIOR to the first interview? At this point, I would be absolutely shocked if the company won based on the information you have given (and I have fought a lot of UI claims from the employer side). They've already been forthcoming to you with what is in your file -- if they were trying to screw you out of benefits, they wouldn't have talked with you or given you that information upfront.
It can be your principle, your time, your concern, your assumptions, your stress, your worry, your legal bill. We can only suggest paths that might help lower some of the costs to you.
Re: Employer Lied About My Reason for Separation
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Quoting
SB8686
I worked from home for a short contract that lasted 12/2017-05/2017 doing quality assurance work as a nurse.
Are you sure it's even THIS employer? Was there a staffing or temp agency involved? Were you 1099 on this job, and it's your employer prior to 12/2016 that is saying "company violation"?
Re: Employer Lied About My Reason for Separation
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Quoting
hr for me
If....and if..... why not try to solve it with HR PRIOR to the first interview? At this point, I would be absolutely shocked if the company won based on the information you have given (and I have fought a lot of UI claims from the employer side). They've already been forthcoming to you with what is in your file -- if they were trying to screw you out of benefits, they wouldn't have talked with you or given you that information upfront.
It can be your principle, your time, your concern, your assumptions, your stress, your worry, your legal bill. We can only suggest paths that might help lower some of the costs to you.
Thanks for your reply. Reading some of the comments on other posts I guess made me paranoid. I feel as if I say something it will be forwarded to the higher ups in HR and they will correct the "mistakes" By changing cause of separation etc. The hearing isn't for a month so they have plenty of time to switch up their story tell me one thing and unemployment another. I just feel as though I would be waking up a sleeping bear. Again- a tad paranoid.
It's only this employer. Prior to this employer I have not worked since 2013 when I started school. This is regular income normal W-2.
Re: Employer Lied About My Reason for Separation
You are looking at this from the wrong point of view. Once things have begun in unemployment insurance, you cannot solve anything by trying to go back to your employer, push forward and argue and "wake the sleeping bear" as you put it. You must work within the agency's clearly delineated processes.
For some reason or another, your employer put out the wrong information regarding your reason for separation. This was unfortunate in that it has delayed your getting your unemployment insurance paid, but if it is as you say, and your contract ended, and that was all there was to it, with NO prior warnings, you were not told on the date that you were officially let go that you were being let go for cause, etc., then what you have to do right now is be sure to make all the appropriate weekly certifications saying that you are looking for work as appropriate. Do one of these after each week that you are out of work passes. Participate in all required job searching activities.
Report to the time and place of your hearing, which is in a couple of weeks, right? Tell them exactly what happened when you were terminated. That you were an employee with a finite date at which your job would end, that your job ended, and that you have documentation from your employer saying this. You need to also mention that you spoke with your payroll person on xxxx date and you were told again that your reason for separation was that your job was over. You had received NO warnings, no write ups, had had no prior indication that your employer was in any way dissatisfied with your job performance or was letting you go for cause.
Your employer may or may not choose to be represented at the hearing. Neverless, whether they show up or not, you simply tell your story. Then if they are there, they'll tell their story whatever it is, of the reason you were discharged. If they don't show up, you do the same thing as if they are there. You tell your story. In unemployment issues, the claimant and the employer are to be equally believed. The employers don't get extra clout, don't get to say who gets unemployment insurance, unless their story of having discharged you for cause is much more believable than your story that you were given no indication you were being discharged at all, your job simply ended. They go with the one of the two parties that is "most believable."
YOU DO NOT NEED AN ATTORNEY. Most attorneys know about as little about unemployment insurance as the average layman. This is an agency hearing, NOT a court hearing. The unemployment hearings are set up so that most people are capable of self representation. You are not expected to do anything but answer questions and tell what happened simply and honestly. It sounds like something is going here that will be resolved in this first hearing, and then a decision will be made. It is likely you will be found to be eligible and you will be back paid for any weeks you have certified for, and will be continued forward on your claim for however much unemployment you are entitled to.
There's no special gimmick or clever dodge or lie that employers can use to avoid paying their unemployment claims, it is not as easy as just submitting false information to the unemployment system about the reason for separation. It is understood and assumed by the unemployment system that they (the employers) are not excited about paying in unemployment taxes. That's why the agency listens to both sides of this story with a lack of prejudice toward either party. They assume either or both of you could be lying, as it would be in your interest to tell the story one way and in theirs to tell it another way. Be the more believable.
Re: Employer Lied About My Reason for Separation
Quote:
Quoting
comment/ator
You are looking at this from the wrong point of view. Once things have begun in unemployment insurance, you cannot solve anything by trying to go back to your employer, push forward and argue and "wake the sleeping bear" as you put it. You must work within the agency's clearly delineated processes.
For some reason or another, your employer put out the wrong information regarding your reason for separation. This was unfortunate in that it has delayed your getting your unemployment insurance paid, but if it is as you say, and your contract ended, and that was all there was to it, with NO prior warnings, you were not told on the date that you were officially let go that you were being let go for cause, etc., then what you have to do right now is be sure to make all the appropriate weekly certifications saying that you are looking for work as appropriate. Do one of these after each week that you are out of work passes. Participate in all required job searching activities.
Report to the time and place of your hearing, which is in a couple of weeks, right? Tell them exactly what happened when you were terminated. That you were an employee with a finite date at which your job would end, that your job ended, and that you have documentation from your employer saying this. You need to also mention that you spoke with your payroll person on xxxx date and you were told again that your reason for separation was that your job was over. You had received NO warnings, no write ups, had had no prior indication that your employer was in any way dissatisfied with your job performance or was letting you go for cause.
Your employer may or may not choose to be represented at the hearing. Neverless, whether they show up or not, you simply tell your story. Then if they are there, they'll tell their story whatever it is, of the reason you were discharged. If they don't show up, you do the same thing as if they are there. You tell your story. In unemployment issues, the claimant and the employer are to be equally believed. The employers don't get extra clout, don't get to say who gets unemployment insurance, unless their story of having discharged you for cause is much more believable than your story that you were given no indication you were being discharged at all, your job simply ended. They go with the one of the two parties that is "most believable."
YOU DO NOT NEED AN ATTORNEY. Most attorneys know about as little about unemployment insurance as the average layman. This is an agency hearing, NOT a court hearing. The unemployment hearings are set up so that most people are capable of self representation. You are not expected to do anything but answer questions and tell what happened simply and honestly. It sounds like something is going here that will be resolved in this first hearing, and then a decision will be made. It is likely you will be found to be eligible and you will be back paid for any weeks you have certified for, and will be continued forward on your claim for however much unemployment you are entitled to.
There's no special gimmick or clever dodge or lie that employers can use to avoid paying their unemployment claims, it is not as easy as just submitting false information to the unemployment system about the reason for separation. It is understood and assumed by the unemployment system that they (the employers) are not excited about paying in unemployment taxes. That's why the agency listens to both sides of this story with a lack of prejudice toward either party. They assume either or both of you could be lying, as it would be in your interest to tell the story one way and in theirs to tell it another way. Be the more believable.
Thank you. I have printed all the evidence I have and will be faxing it to the the numbers provided it to me on the claims interview notice I recieved. Lets hope it gets to the right place and this is all settled on 7/5 Thanks for everyones input!!!
Re: Employer Lied About My Reason for Separation
A friend of mine who worked for the same company also claimed unemployment benefits. She also found that the company listed her termination as company violation. She had her hearing the company did not show for the "rebuttal" hearing and she was found eligible for benefits and received her back pay. Hopefully I am as lucky on 7/5
Re: Employer Lied About My Reason for Separation
Quote:
Quoting
SB8686
She had her hearing
the "rebuttal" hearing
You need to be careful when you start throwing the word "hearing" around. There is a phone interview. NJ does them around the 6 week mark because NJ has something called "simple" misconduct that is doled out like candy that results in an 8-wk disqualification. For that reason, they wait until the just before the disqualification is up so that if there is "simple" misconduct, then you start collecting anyway because the 8 weeks is up.
Now, with a "hearing" that means that you had a disqualification because of a phone interview and either you or the employer chose to appeal it.
When you start telling people you had a "hearing," you might get wrong answers because AFTER a hearing, the rules are all different.