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  1. #1
    Join Date
    Jul 2016
    Posts
    4

    Default Denied Unemployment After Being Fired Because My Employer Said I Quit

    My employer fired me on Saturday 11th of June 2016. While working on prep (prep department takes care of preparing all the food that is used throughout the day) on Saturday 11th of June i was taking care of slicing lettuce while working with 3 other co workers, Crystal (who is a new employee), Jessy (who had been there for a few weeks) and a completely new guy who had worked 1 day and i do not remember his name. With all the new people i was asked to not only train them but to task them to make sure priorities (items we serve that we need more of immediately or as soon as possible) were being taken care of first. While i was taking care of daily tasks Katie (my general manager) approached me and asked me why i put crystal on bombs (bagging portioned food) as this was one of the undesirable tasks. I replied that she asked the day before to do bombs so to accommodate her i let her have what she asked for today. At this point i can tell Katie was getting angry as her face began to get red and she walked off. I thought i would just disregard it in the off chance that talking about it make the situation worse. Boy was i wrong. About 15 minutes later (not exactly sure on the passage of time as working in pre you focus on one task so intensely that the passive of time is not acknowledged frequently) Katie began working next to me in a manner i can only describe as angry (if what she was working on was a baby i am sure she would have been brought up on child abuse charges). In an attempt to diffuse the situation i asked if something was wrong, she replied that "she had a bone to pick with me". I was curious how i might have wronged her so i asked "would you like to talk about it?" Katie replied "what good would it do?" At this point in time i remember feeling offended and insulted at the same time and rather than dwelling on it i tried to cheer myself up making the situation laughable so i said to jessy "what good would it do?" that sounds like a line from a movie about an elderly couple everyone in audible range laughed. Moments later Katie came over and told me to "go home". I thought she was trying to be funny so i disregarded it, a few seconds late she said "no i am being serious leave now". At this point with nothing else said by either of us i walked out the door to the parking lot and got in my car. I say another employee in the parking lot (bossy is his name) and i asked him what he was doing out in his car as he worked at about the same time i did. Bossy told me in not so many words that Katie had been upset with him over something he said to her as a joke turned bad. He said Katie told him she did not appreciate what he said (he didn't go into detail) and she sent him home early. Now at this point i am under the impression i was fired, as i had in a fashion mocked her at work in front of others when she was already having what could only be described as an emotional day.

    The following day Sunday June 12th 2016 i woke up at my normal work day time and got ready for work i was still under the impression i was fired but i thought there was an off chance that i just blew things out of proportion, however, rather than go in to work and be embarrassed in front of my co workers i elected to stay at the house and wait for her to call and ask her why i was late for work. No call ever came, no text was received. AT this point it only confirmed what was only suspicion the day prior. Monday the 13th of June 2016 was my scheduled day off so i made a point to go in on tuesday June 14 at my normal scheduled in time with all my work equipment with me( chef coat, non slip shoes, pants) my coat i left in the car because i wanted to speak with her to see if i could keep my job and work that day but as soon as she saw me in the prep area she glared at me and said you can turn right back around and walk out the door. At that point i knew that nothing i could say could change her mind and that she was exceedingly angry. After a moment of pause i asked if i could get my paycheck. She replied "you could have at least brought back your chef jacket". I replied "if you would like it back i can get it out of my car for you". There was a momentary pause i was not sure if she was going to give me my check first sense i was already there or if i was supposed to go get the coat now. She then said "go get the coat" so i went and i got the chef coat and returned it to her she went and got my paycheck then turned and walked away without another word exchanged.

    I filed for unemployment shortly after that day and was sent a letter several weeks later stating my claim was denied by my former employer on the grounds my former employer told them "i had quit without good cause". Now i had a conversation with Katie months earlier stating that i would give 2 weeks notice and that i do not just quit a job without notice and that i was most likely going to be leaving soon after i had finished my course in computer forensics and found a job using my degree. She said she appreciated the heads up about my situation. With that being said, i never once said to anyone that i quit or that i was quitting or anything of this nature. I was told to leave work early by Katie which i took as a passive aggressive firing,which i have experienced before; and this was only reinforced by the lack of communication. In the past year i had only been late one time which was the result of mixing up schedules and i was written up and she said i know i don't have to worry about this being a trend with you because i was dependable and she knew she could count on me.

    I appealed the decision and was given a date for a phone hearing on the 20th of July 2016 at 10:30am. Both Katie and i made the hearing time. During the hearing Katie stated that i had quit on the 4th which was the Saturday before my last work day with was Saturday the 11th of June, She said i quit verbally but when asked what i said she said i said nothing. Now in her recollection of events she claimed I refused an order to make Pasta Salad. This statement was true on the 4th but there were circumstance not explained and the 4th of june was not my last day as i was fired on the 11th of june. I was offered the ability to cross examine her and i asked her if i was not fired why she never called me when i was late for my shift the following day? She claimed i was on a do not call list because she was supposed to have a meeting with me. At this point i start to get upset and say no more questions. I have never heard of such a thing in my life a "do not call list". I was present for many time an employee from the same department as me (prep) quit without saying anything and Katie or another manager "always" called them to ask them why they quit and if they would come back. If i had quit why was i not called back? I was the second most experienced person in the Prep department out of 5 people with over 1 year of experience yet i was not called or texted. The only reason an employer has to not call you for your shift is if you get fired because they have already proven that they call employees who quit, either verbally or walk out or no call no show.

    What do i do if denied again?

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Denied Unemployment After Being Fired Because They Said I Quit

    You messed up big time by not going in on Sunday. That counts as a quit. You should have gone in on Sunday and acted like nothing happened and let her fire you if she really wanted to fire you.

  3. #3
    Join Date
    Jul 2016
    Posts
    4

    Default Re: Denied Unemployment After Being Fired Because They Said I Quit

    So you are saying that regardless if i thought i was fired on Saturday i should have gone in on sunday? Everything i have done was based on the fact i thought i was fired on Saturday. From not getting a call on Sunday asking where i was to going in on the next scheduled day after Sunday in my work attire.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Denied Unemployment After Being Fired Because They Said I Quit

    Katie told you to go home. She didn't tell you, you were fired, or that you shouldn't come back the next day.

    If you thought there was a chance things were blown out of proportion you should have gone in, or at least called to confirm, instead of putting all the responsibility for resolving the issue on Katie. You were rude to her (I hope you realize that) and share some of the responsibility for the issue. By not going in when you were not really certain if you were fired, you turned what might have been a firing into a quit IMO. Shame you were too worried about being embarrassed to make any effort to save your job, huh?

    What should you do if denied again? Look really, really hard for a new job.

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

    Default Re: Denied Unemployment After Being Fired Because They Said I Quit

    Quote Quoting frostcraven
    View Post
    What do i do if denied again?
    Worry about it when it happens. You didn't say your state, but chances are you can write up something for a board of review appeal, but statistically the odds aren't with you.

  6. #6
    Join Date
    Jul 2016
    Posts
    4

    Default Re: Denied Unemployment After Being Fired Because They Said I Quit

    I am in Alabama, I have been fired before and the word you are fired are not used here. It is always implied in what they say or how they say it. If you are sent home in the middle of your shift and everyone else remains and you never asked to leave i do not see how anyone could see that as not being fired. Then not getting a call when you are late for your shift the following day? These people are the type to blow up your phone to get ahold of you so to not get a phone call at all asking if i had gotten into a car accident on my way to work or asking if i was sick or if i just got my days off confused seems beyond the realm of possibility that you are still employed. I understand they are not obligated to call but when this is a state of normalcy for this area of Alabama then people get used to reading between the lines.

    I appreciate your input as well.

    As for the remark i made to katie that i agree was rude it was in response to her being rude. I am all for equal treatment and respect is not a one way street regardless if you are a manager or an at will employee. I am not trying to say it was right what i said but it was not mean for sake of being mean. I believe if you let people get away with walking all over people without fear of recourse then the trend continues and while i got fired in the end i hope that she learned that her behavior was unacceptable as well and that others there learned to stand up for themselves.

  7. #7
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Denied Unemployment After Being Fired Because They Said I Quit

    Quote Quoting frostcraven
    View Post
    I am in Alabama, I have been fired before and the word you are fired are not used here. It is always implied in what they say or how they say it. If you are sent home in the middle of your shift and everyone else remains and you never asked to leave i do not see how anyone could see that as not being fired. Then not getting a call when you are late for your shift the following day? These people are the type to blow up your phone to get ahold of you so to not get a phone call at all asking if i had gotten into a car accident on my way to work or asking if i was sick or if i just got my days off confused seems beyond the realm of possibility that you are still employed. I understand they are not obligated to call but when this is a state of normalcy for this area of Alabama then people get used to reading between the lines.

    I appreciate your input as well.

    As for the remark i made to katie that i agree was rude it was in response to her being rude. I am all for equal treatment and respect is not a one way street regardless if you are a manager or an at will employee. I am not trying to say it was right what i said but it was not mean for sake of being mean. I believe if you let people get away with walking all over people without fear of recourse then the trend continues and while i got fired in the end i hope that she learned that her behavior was unacceptable as well and that others there learned to stand up for themselves.

    I would imagine many, many people would not agree with what you believe is common and/or normal in your particular locale.

    Katie isn't going to change simply because you think you have somehow taught her a lesson; if anything you've done nothing but indicate she is, indeed, in the right and you're in the wrong.

  8. #8
    Join Date
    Jun 2014
    Posts
    3,212

    Default Re: Denied Unemployment After Being Fired Because They Said I Quit

    Katie was your superior and you should have treated her in that manner. If you don't like what someone says or what they do and they are your superior, you are better off keeping your feeling to yourself, if you want to keep the job. You didn't teach Katie anything because she didn't do anything wrong. You are the one without a job.

  9. #9
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Denied Unemployment After Being Fired Because They Said I Quit

    Doesn't matter whether you did/didn't treat her with respect, whether they did/did not call you when you didn't show up for your shift. That's up to the unemployment system to decide.

  10. #10
    Join Date
    Jul 2016
    Posts
    4

    Default Re: Denied Unemployment After Being Fired Because They Said I Quit

    I recently got the decision back and they sided with my employer, however, they said i did not report to work on sunday june 5th which i did as my last day in question was june 11th. I have proof that my last day of work was on june 11th and that she in fact lied under oath. Will this be taken into account if i appeal or should i just get on with my life?

    I treated her with respect for over a year until the point were it felt like i was being harassed just for being a guy. I also over heard her talking with another employee talking about how she was on very bad terms with her father which i think influences how she treats male cor workers and i am not just speaking about my self.

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