Page 1 of 2 1 2 LastLast
Results 1 to 10 of 16

Hybrid View

  1. #1

    Post Employer Gave Different Reasons for Termination to Employee Than to Unemployment

    My question involves labor and employment law for the state of: Georgia

    Company: Insurance

    I was written up in November and December for not meeting department goals. Starting January up til my termination at end of March my work had improved. 2 weeks prior to termination I had a customer transferred to my by another department. The customer was severely irate but within good reasons. I advise customer from beginning of call he need to speak with his agent I was unable to discuss policy questions. The customer continue to belittle me and demanded I put someone on phone who could help him. I ask who he would like to speak with he said not you so put somebody else on the phone. I sarcastically said please. Well my manager whom I have never gotten along with and have complained on several times did a silent monitor of that call. He called me into office to tell me I was rude and unhelpful to the customer and yelling. I never yelled at the customer and told him from the beginning he needed to speak with agent I couldn't answer any policy questions. We discussed the call further and I was excused back to work. Unfortunately a week later because of another incident with manager I reported him to HR again. A week later I was brought in office to advise I was being fired for not meeting department goals. I received my termination letter it says "not meeting job requirements". I call the HR rep back to get clarification. He said though my work had improved it still wasn't good enough. However, when the claims examiner call for interview she said the company told her I was fired for the phone call that had happened 2weeks prior. That was company violation. I was shocked because that was the first time I had heard that. In my talk with manager there was no discussion of termination or any kinda write up. So my UI was denied. Is this possible ?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Fired and Unemployment

    Quote Quoting wykethiaalston@gmail.com
    View Post
    My question involves labor and employment law for the state of: Georgia

    Company: Insurance



    I was written up in November and December for not meeting department goals. Starting January up til my termination at end of March my work had improved. 2 weeks prior to termination I had a customer transferred to my by another department. The customer was severely irate but within good reasons. I advise customer from beginning of call he need to speak with his agent I was unable to discuss policy questions. The customer continue to belittle me and demanded I put someone on phone who could help him. I ask who he would like to speak with he said not you so put somebody else on the phone. I sarcastically said please. Well my manager whom I have never gotten along with and have complained on several times did a silent monitor of that call. He called me into office to tell me I was rude and unhelpful to the customer and yelling. I never yelled at the customer and told him from the beginning he needed to speak with agent I couldn't answer any policy questions. We discussed the call further and I was excused back to work. Unfortunately a week later because of another incident with manager I reported him to HR again. A week later I was brought in office to advise I was being fired for not meeting department goals. I received my termination letter it says "not meeting job requirements". I call the HR rep back to get clarification. He said though my work had improved it still wasn't good enough. However, when the claims examiner call for interview she said the company told her I was fired for the phone call that had happened 2weeks prior. That was company violation. I was shocked because that was the first time I had heard that. In my talk with manager there was no discussion of termination or any kinda write up. So my UI was denied. Is this possible ?
    It's obviously possible because it happened.

    Appealing can't hurt you. Go ahead and appeal.

  3. #3
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: Fired and Unemployment

    Just know that at this phase you are REQUESTING an appeal, not actually writing a novel to try and prove your case. "The determination dated mm/dd/yy is wrong. I want an appeal hearing scheduled," is sufficient.

  4. #4

    Post Re: Fired and Unemployment

    Quote Quoting chyvan
    View Post
    Just know that at this phase you are REQUESTING an appeal, not actually writing a novel to try and prove your case. "The determination dated mm/dd/yy is wrong. I want an appeal hearing scheduled," is sufficient.



    I have an appeal scheduled already. I'm wanting help on what my chances are
    for winning appeal.

  5. #5
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: Fired and Unemployment

    Because you're in GA, I'm going to say not that great, but you still need to try.

    The employer saying one thing to you on your way out the door, and another thing to UI, doesn't mean anything as long as they've been consistent with what they said to the UI people from the beginning and can back it up, or you admitted to it.

    As an example, a claimant from MA was "laid off and given a severance package." He thought he had his UI in the bag. The employer said they only gave him the severance package so that he'd quietly leave the building and that he was fired for discussing a patient with someone he had no business saying anything to (he was a nurse.) He was denied in the initial determination, and his protestations that he was laid off and had a severance to back it up, didn't make any difference.

    Mind you, that he did win on appeal, but not because of the severance or laid off argument, but because the employer showed up with a hearsay witness. Neither the person he was discussing the patient with nor the other person that overheard the conversation and did the tattling were at the hearing, and the employer lost because they couldn't meet their burden of proof that he'd done anything wrong.

  6. #6
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Fired and Unemployment

    Quote Quoting chyvan
    View Post
    Because you're in GA, I'm going to say not that great, but you still need to try.

    The employer saying one thing to you on your way out the door, and another thing to UI, doesn't mean anything as long as they've been consistent with what they said to the UI people from the beginning and can back it up, or you admitted to it.

    As an example, a claimant from MA was "laid off and given a severance package." He thought he had his UI in the bag. The employer said they only gave him the severance package so that he'd quietly leave the building and that he was fired for discussing a patient with someone he had no business saying anything to (he was a nurse.) He was denied in the initial determination, and his protestations that he was laid off and had a severance to back it up, didn't make any difference.

    Mind you, that he did win on appeal, but not because of the severance or laid off argument, but because the employer showed up with a hearsay witness. Neither the person he was discussing the patient with nor the other person that overheard the conversation and did the tattling were at the hearing, and the employer lost because they couldn't meet their burden of proof that he'd done anything wrong.
    Got an example from GA cause what happens in MA has no bearing on what might happen in GA.

    OP, I have had to appeal unemployment denials 2x in GA. Both times I never should have had to appeal but I was approved on appeal so you never know. That call could bite you in the butt cause every call center I've ever heard of, smarting off to a caller is usually grounds for corrective action up and including termination. Whether it would rise to the level of misconduct that an appeal officer would deny you, I can't say. Did your numbers stay good after you improved them or was there any backslide?

  7. #7
    Join Date
    Jun 2016
    Posts
    1

    Default Re: Employer Gave Different Reasons for Termination to Employee Than to Unemployment

    I have a question and couldn't start a new thread so if anyone could answer it that'd be great

    My question involves labor and employment law for the state of: RHODE ISLAND

    I was fired for a an alleged HIPPA violation. After an unemployment appeal hearing it was determined with evidence that I did not violate HIPPA and my unemployment benefits proceeded to go through. Today I got a letter from my former employer stating they changed my reason of termination to gross insubordination.

    My question is can they go after my benefits now that they've decided I was fired for this and not what they told unemployment at the hearing? Them sending me the letter within the 15 days has me worried that they're going to try to appeal the decision to award me benefits. I'm wondering if this will be taken seriously? I'm feeling singled out and harassed on this matter since this has not happened to anyone else who has been terminated and I have a lengthy story of why I am being targeted but can they legally change the reason of my termination and go after me after I was already approved earlier this month?

  8. #8
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: Employer Gave Different Reasons for Termination to Employee Than to Unemployment

    Yes, they can change the reason, but it's usually a fail. UI is about the reason you lost your job at the time you lost it. There's actually a case where a bank employee was laid off, and then when she was no longer there to cover her tracks her embezzling was discovered. She got UI right up until her legal problems rendered her not able and available.

  9. #9
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Employer Gave Different Reasons for Termination to Employee Than to Unemployment

    Quote Quoting chyvan
    View Post
    Yes, they can change the reason, but it's usually a fail. UI is about the reason you lost your job at the time you lost it. There's actually a case where a bank employee was laid off, and then when she was no longer there to cover her tracks her embezzling was discovered. She got UI right up until her legal problems rendered her not able and available.
    Was this case in Georgia? If not, it has nothing to do with how GA will handle this particular case.

  10. #10
    Join Date
    Jun 2016
    Posts
    8

    Default Re: Employer Gave Different Reasons for Termination to Employee Than to Unemployment

    I have worked in customer service before for a television company. When you stated " I ask who he would like to speak with he said not you so put somebody else on the phone. I sarcastically said please", we were NEVER allowed to talk to the customer like that. Clearly you should of offered to transfer the caller to the proper department who would of been able to discuss "policy". The customer was transferred to you thinking you were the right person he needed to speak to and by you asking him "who he would like to speak to" and then followed up by saying "sarcastically please" you really pushed the customer over the edge. I know that it takes time to put things in place to get fired and Quality Assurance is part of your job so I can see why this call would play into you getting fired.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Defamation: Employer Gave Bad Reference Despite Losing an Unemployment Appeal
    By tny196 in forum Defamation, Slander And Libel
    Replies: 9
    Last Post: 09-23-2014, 10:58 AM
  2. Denial & Appeals: Can My Previous Employer Change His Reasons for Firing Me to Unemployment
    By katemw08 in forum Employment and Labor
    Replies: 5
    Last Post: 12-01-2011, 02:02 PM
  3. Unemployment Benefits: Seasonal Employee Threatened with Termination Over Unemployment Claim
    By Aby in forum Employment and Labor
    Replies: 4
    Last Post: 08-04-2010, 04:11 PM
  4. Unemployment Benefits: Employer Threatens Termination for Drawing Unemployment
    By down_in_a_hole in forum Employment and Labor
    Replies: 1
    Last Post: 01-13-2010, 06:45 AM
  5. Disqualification: Employee Got Unemployment Despite Termination for Cause
    By thebiz in forum Employment and Labor
    Replies: 4
    Last Post: 09-03-2009, 02:41 PM
 
 
Sponsored Links

Legal Help, Information and Resources