Unemployment

[4evermom]

We just found out dh is eligible for unemployment starting next week. He had lost his job a couple months ago. It was sort of a "you can't fire me 'cause I quit" "No you can't quit 'cause I fire you" situation so I honestly didn't know if he was eligible. Plus, the U Agency switched everything to online and they don't give you any confirmation of receiving your application, so we've been hanging for a good while. It's such a relief that we'll be able to pay our health insurance and some of our monthly credit card bill. It's not much because he didn't make much to start with but it sure beats nothing! Now I have to resist the urge to go Christmas shopping .

[Starr]

I hear you, DH is filing tomorrow. Today is his last day.

[mnnice]

I think it's a good rule of thumb to file even if you don't think your qualify. There are a lot of rule and most state seem to give you the benifit of the doubt if there's a question.

[4evermom]

Originally Posted by mnnice

I think it's a good rule of thumb to file even if you don't think your qualify. There are a lot of rule and most state seem to give you the benifit of the doubt if there's a question.

That's my opinion, too, but I had to pressure dh a little. I think the website was confusing for him and the part where it cautions against attempted fraud scared him. I had to explain that by fraud they meant things like hiring friends just to fire them so they would get unemployement.

My friend tells me that in addition to filing even if you don't think you qualify, you should appeal if they say you don't qualify.

[Free Thinker]

Welll, I am an employer, and frankly I don't agree w/ you. I am not talking about your situation in particular, since there is no way for me to know the exact details. When an employee quits or is fired for good cause (refusing to do work correctly, not following safety procedures, ect.) said employee is NOT elig. for benifits. Filing when you know you are not eligable is a waste of your time, the Emp offices' time, and the employers time. It's unethical IMO. You would be better off working to find new employment. In my state, they do not always side w/ the employee. I Have had several claims come across my desk the last 5 years, and not ONE single person has ever ended up winning a claim against me. And just b/c they have sided w/ your DH now, does not mean he will necessarily get it. The employer can protest the claim, and you will have to have a hearing if they do. It is in the hearing that they ask for documentation, write-ups, ect.

Good Luck, and again, I am not saying that this is necessarily the case for you, I am more bothered by the fact that someone who KNOWS they quit or were fired for just cause will go and file, hoping to get something. Then to go ahead and protest it even if you claim was unfounded. That is the advice posted above, and I am completely against it. Unemployment is there for a reason, to help employees who are laid off due to seasonal employment, lay-offs, downsizing, plant closings and such. I DO support that. IMHO, the other is fraud.

(and as a side note, the judges I have been in front of/on the phone w/ have NEVER been thilled by employees who do this. They DON"T side w/ you unless you have a case IME.)

[4evermom]

I'm sure I gave the wrong impression in the above post. Dh never said the words "I quit" and the reason he got fired was because he refused to let someone outrageously verbally abuse him for someone else not doing HIS job. He, of course, tried to work with the person, put her in contact with the right person, etc, but eventually had to just hang up .

[an_aurora]

Congrats on filing! DH's unemployment just ran out 2 weeks ago. He's been a SAHD since the end of April & now he has to go back to work!

[***Heather***]

Freethinker did seem a smidge on the harsh side. I assumed there was more to your story. That's fantastic that you qualify. Talk about a great Christmas gift to yourselves! Being able to pay for food and shelter is always good! Hope things work out and your DH finds a fantastic job soon.

[4evermom]

Thanks for the good wishes

When dh came home from work that day, saying he had quit, it was like playing 20 questions. Eventually, I figured out that he hadn't said he quit or given them a letter of resignation. His boss said "you're through working for me" or something similar. Dh was honestly unsure whether he had quit or gotten fired, though it was clear to me that it was the later. He was also unsure as to whether the reason for firing would be considered firing for a "good cause". We both lacked confidence in his former employer behaving ethically. I've had much more experience with employers acting unethically so the thought never occurred to me that someone would think that I was suggesting ineligible people should knowingly apply for unemployment. If you aren't sure, though, then you should do it anyway and let them decide.

I just wanted to pass on my friends advice that these things can be contested if you believe you were wrongfully denied unemployment. I know someone else who didn't fill out one of the questions on the form because it didn't make sense and she left the office when the unemployement personel got offensive, asking her if she was stupid or just illiterate. She was denied unemployment compensation and probably didn't realize she could have submitted a new claim or contested it.

[Free Thinker]

WEll, I thought I was clear that I was not judging your particular situation, since I did not have the details. I was contesting the idea that one should apply for benifits when one quit or refused to follow proceedures, in hopes of getting benifits anyway. And quite frankly as an employer this DOES happen. We have had people file claims when they simply stopped showing up for work. We got no notice, the employee would just stop coming to work and try to draw benifits. I have had people even give NOTICE, then go and try to file when their time was up. I have had employees who refused to do their job, dispite specific instructions and write-ups. I have had employees who thought it was okay to average missing one day per week of work, over a period of time, who even when repeatedly were warned still took off to do whatever they wanted (not Dr. appts or stuff like that, more personal stuff). IME, people think they are entitled to UE if they are not working. Filing those claims takes up time, and is actually hurting those who have legitimate claims. I stand by my previous post.

[4evermom]

I understand, but your post made me realize I was creating an impression that could be misconstrued so it encouraged me to clarify. I agree with your points. There are situations however that are unclear and those people should certainly apply if in doubt, IMO.

[Free Thinker]

[Sharlla]

That's cool, I got unemployement before. I got laid off one job but they took the income of the job I had before that in account so I ended up getting $340 a week when the job I got laid off only paid $400 a week.

[PiePie]

I worked as an employment lawyer (plaintiffs' side) for many years. It is standard practice, even when an employee is fired (as opposed to laid off for lack of work), to negotiate that the employer will not contest unemployment. This is part of a waiver of right to sue for discrimination, etc., which the employer usually wants. Be aware of everything in your arsenal, make a list of what's most important to you, and demand it!