Unemployment question

[episodic]

My wife is getting a raw deal. Her place of business was destroyed a month ago. The company that owned them moved all the employees to another business - different subsidiary (read different culture - different system). She is an office manager in control of lots of cash etc. with a difficult to learn system (at least difficult to learn in a week flat). The last 'system' she used was totally different, and her responsibilities totally different.


The 1st week of inadequate training, they leave her alone and the paperwork comes out wrong. She was written up. Keep in mind she worked at the last place for almost 3 years with nary a write up or any problem at all.

Another week goes by (this week), and something else is wrong with the paperwork - write up #2.

This company has a three strikes policy. She has noticed that alot of the other people that moved along with her are all having trouble too. When she went through the training at her first company they kept her shadowing someone over a month - this place is expecting them to adjust and figure it out overnight. Noone is helpful, nor do they seem to care.


My question is if you are written up and discharged at a company - what problems will you have drawing unemployment? It looks like they are just trying to get rid of her.

 

[episodic]

no thoughts?

edit: we live somewhere that has real high unemployment rates already - finding another job isn't easy at all (before someone says find another job) - she has been trying for months with no luck.

 

[dmcowen674]

Originally posted by: episodic
no thoughts?

As long as she has something in writing showing her past work history of not being "written up" then she should have no problem collecting Unemployment.

 

[FoBoT]

i don't know anything about unemployment

but if i was in that situation, i think i would be job hunting

good luck to her :sun:

 

[dartworth]

if they lay her off, she just signs up for unemployment...

if they fire her and they deny the claim, she will have to wait a certain amount of time before she can open a claim...of course if the claim is denied, she can appeal it.

 

[funboy6942]

None at all, if they let her go, she can just go down to the office, tell them what has happened, and what they have done with her, and how it seems they were pushing to either force her to quit, or write her up the 3 times to fire her, and she should be able to draw unemployment. Just be sure she doesnt quit or it could be harder for her to get on it, always easier if she is let go and has the good excuse and a legit backing showing how she was treated prior to the firing.

 

[Agentbolt]

It varies from state to state. Generally the rule is you can only get unemployment if you are fired "through no fault of your own" Getting written up and discharged generally doesn't count as "no fault of your own", therefore no unemployment. It is unlikely they'd can her over this, though.

If a ton of people get fired from there for not doing there job right, she can always make that case. If a ton of people get let go over it, the business was being unreasonable If your wife is one of a few to get let go, she's clearly not that great at her job anyway, because other people found a way to adapt. Business needs change all the time, good employees find a way to keep up.

 

[episodic]

Agentbolt - she'd be glad to keep up if she would get trained properly. . . that is the main problem. She was trained properly before, and for years worked just fine. Now after a week of slipshod training by people that told her "I don't know" more than they told her how to do things it is her fault?

None of the other employees that were moved have heavy responsibilities like hers either, so they are likely to last alot longer, or transition.

 

[Agentbolt]

None of the other employees that were moved have heavy responsibilities like hers either, so they are likely to last alot longer, or transition.

If that's the case, she should be good. Just make sure when they ask if a lot of people were let go, and she says "no", that she points out she had a lot more stuff to learn than they did. You'll be talking to a human being about the claim, so I'm sure they'll see your side of things.

If she's a more management-type, unless it's the most poorly run business in the world, they'll make more of an effort to accomodate her anyway. I wouldn't worry about her getting canned any time soon.

 

[Vette73]

How big is this company?
She needs to e-mail her boss and/or upper MGT and tell them that her mistakes are lack of training tot he new system. She needs to answer the write ups so that if they do fire her she can show she did try to do the job. Just make sure she does a cc to her home e-mail so she has copies that they are sent and to who.

 

[Garet Jax]

Originally posted by: episodic
My wife is getting a raw deal. Her place of business was destroyed a month ago. The company that owned them moved all the employees to another business - different subsidiary (read different culture - different system). She is an office manager in control of lots of cash etc. with a difficult to learn system (at least difficult to learn in a week flat). The last 'system' she used was totally different, and her responsibilities totally different.


The 1st week of inadequate training, they leave her alone and the paperwork comes out wrong. She was written up. Keep in mind she worked at the last place for almost 3 years with nary a write up or any problem at all.

Another week goes by (this week), and something else is wrong with the paperwork - write up #2.

This company has a three strikes policy. She has noticed that alot of the other people that moved along with her are all having trouble too. When she went through the training at her first company they kept her shadowing someone over a month - this place is expecting them to adjust and figure it out overnight. Noone is helpful, nor do they seem to care.


My question is if you are written up and discharged at a company - what problems will you have drawing unemployment? It looks like they are just trying to get rid of her.

It sounds like they are trying to lay everyone off and make it seem that it was from inability.

 

[JDMnAR1]

Typically, termination for inability to perform the job duties does not disqualify you from drawing unemployment. If she were to be fired for some sort of misconduct, then she would have a hard time getting approved. Of course, YMMV as each case is evaluated seperately.

 

[Nutdotnet]

Originally posted by: funboy42
None at all, if they let her go, she can just go down to the office, tell them what has happened, and what they have done with her, and how it seems they were pushing to either force her to quit, or write her up the 3 times to fire her, and she should be able to draw unemployment. Just be sure she doesnt quit or it could be harder for her to get on it, always easier if she is let go and has the good excuse and a legit backing showing how she was treated prior to the firing.

Not quite...

The Unemployment Office will contact the employer for verification of the former employee's claims. If things don't match up then an investigation may occur.