Deleted
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Post by Deleted on Dec 20, 2015 18:32:23 GMT -5
Did you ask for time off to spend helping DS/DIL and granddaughter? If you did, didn't you ask for a specified amount of time? Like two weeks or something? Surely, it wasn't open-ended.
Go file. Ask your questions at the UI office. My only doubt would be if you thought you still wanted to work at this place and that they would retaliate if you filed. It doesn't sound like a good situation to me, to be honest, but to each his/her own.
The way i understand it is that you can work temporarily while on UI. They just don't pay you that week. But they can explain that.
I feel like your manager or whoever is trying to manipulate into not filing. That would annoy me if they weren't calling me in to work. Maybe another poster who knows more about UI will come tell you how it works better than I can.
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Ombud
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Post by Ombud on Dec 20, 2015 18:38:35 GMT -5
I told her ahead of time that I'd be off while she was in the hospital. She was there for one day. When she said she had to cut hours, I said I needed 14 a week If I'm going to remain in this field 1 more year, I'd like it to be here. I'm a CRTP not a CPA but she pays at the top of the pay scale for us ... so I'd at least want another tax season. And she'll retailiate. You should hear her talk about the guy who quit 10/14 I really need to change my mantra to it's just business
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alabamagal
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Post by alabamagal on Dec 20, 2015 18:41:32 GMT -5
ombud, you could be eligible for partial unemployment benefit if you are willing and able to work and are off due to no fault of your own. Laws vary by state.
I'm not sure how the case workers determine if there is a dispute. If your employer says you asked to be off, and you say that you did not, not sure what is done. I would got to unemployment office and see if you can get some answers
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Peace77
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Post by Peace77 on Dec 20, 2015 19:02:36 GMT -5
Ombud,
I think I'd start looking for a new job. If you apply for unemployment, you not only have to be ready and willing to work; you have to apply for new jobs.
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Ombud
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Post by Ombud on Dec 20, 2015 19:25:44 GMT -5
I think I need to get out of this funk and rephrase to: (1) I'm laid off (2) I'm not prepared to retire (mentally or financially) (3) Get a new job
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Peace77
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Post by Peace77 on Dec 20, 2015 19:31:21 GMT -5
No, You need to think POSITIVE! You're looking for a great opportunity. You can do this. You're not alone. Both DH and I are looking for work.
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NomoreDramaQ1015
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Post by NomoreDramaQ1015 on Dec 21, 2015 9:27:12 GMT -5
Holy f*cking shit. DH's company just fired him. His supervisor accused him of falsifying documentation and that is grounds for immediate termination.
Thing is, her favorite QA did the exact same thing and there was actual proof she did it a few months ago. The bitch is smart she made sure DH's email account was deactivated before he arrived b/c he was going to go pull up his records showing favorite QA's violation and the fact she was not terminated.
He said the entire time his supervisor sat there with a cat eating grin on her face.
DH is a wreck and feels like a failure. I told him my paycheck now is enough to cover all our regular expenses. Focus on getting unemployment for now and we'll figure out the rest regarding daycare later.
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lurkyloo
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Post by lurkyloo on Dec 21, 2015 9:36:06 GMT -5
Holy crap! That's awful, Drama. So sorry to hear you're dealing with this...but glad your work situation has stabilized so you're only dealing with one front I've forgotten, is his former supervisor/mentor in a position to help find something new for him? Did they put something in the water in your area that encourages supervisors to abuse their power? Seems like y'all have had more than your share of a$$hole bosses lately.
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NomoreDramaQ1015
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Post by NomoreDramaQ1015 on Dec 21, 2015 9:41:21 GMT -5
His former supervisor at this company moved out to Wisconsin, that's how far away he wanted to get from them. He's in facebook contact with several of his old co-workers at Tyson so we could put feelers out that way.
I found a job on careerlink that DH would be well suited for, we just need to figure out what to put down as to why he is no longer with this company. I'd also like to avoid at all costs having them contact his supervisor. Yes I know they are not supposed to say anything but I can see her sabotaging DH out of spite. I suppose we should put down the VP as the contact or HR.
I'll have to talk with Abby's daycare to let them know what is going on. I can cover the rest of December but depending on what goes on with the unemployment office it might be a stretch to get the next payment in on time in January.
And of course this has to happen right after my unemployment so we don't have our savings built back up. At least we're back on UNMC's insurance so we don't have to worry about $630 in premiums for crap insurance or medicaid again.
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taz157
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Post by taz157 on Dec 21, 2015 9:47:40 GMT -5
I'm sorry Drama. It f*cking sucks. I'm glad to hear he has feelers out.
I hope karma gets that supervisor in the end.
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NomoreDramaQ1015
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Post by NomoreDramaQ1015 on Dec 21, 2015 9:49:19 GMT -5
Now I wish I had punched her in the face at last year's Christmas party.
After what happened with me at Boys Town I am not taking any crap from nobody. They don't know who they are messing with. They better just let it go and give us unemployment or I will make their lives miserable.
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raeoflyte
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Post by raeoflyte on Dec 21, 2015 12:16:08 GMT -5
Doesn't his employer need to provide some kind of proof? Is there a way to fight that and at least get it changed from termed to voluntary resignation? I wouldn't want to have to explain that to employers and it will come up on every application for the next several years (I usually see 10) on why you left each job.
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NomoreDramaQ1015
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Post by NomoreDramaQ1015 on Dec 21, 2015 12:21:24 GMT -5
DH said the production manager was questioned and he said something that constituted "proof". The production supervisor is on vacation until next week.
Since his account was deactivated there is also no way to show the proof he had that the other QA did the same thing and wasn't terminated.
There is no HR department at this company. There HR department consists of ONE person and he has multiple titles besides Human Resources.
The buck stops with him so there is no ladder for DH to climb to have it investigated.
Right now DH is too pissed off so we agreed not to talk to the VP or anyone else until tomorrow. He's working on the unemployment application and they have their own job department guy so I told DH ask him how to spin this so we're not lying but it's not going to result in DH never working again either.
We have agreed that nobody from this company will be used as a reference b/c we don't trust anyone. We're trying to figure out the supervisor thing b/c I have a feeling his actual direct supervisor is stupid/bitchy enough to badmouth DH to any prospective employer who calls. I think putting the VP down would be better b/c he is high enough up on the chain to know better than to do anything beyond confirm employment.
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MJ2.0
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Post by MJ2.0 on Dec 21, 2015 12:28:53 GMT -5
DH said the production manager was questioned and he said something that constituted "proof". The production supervisor is on vacation until next week so he was not at the meeting. It's just the supervisor's word that this is what the production manager said. Since his account was deactivated there is also no way to show the proof he had that the other Q A did the same thing and wasn't terminated.There is no HR department at this company. There HR department consists of ONE person and he has multiple titles besides Human Resources. The buck stops with him so there is no ladder for DH to climb to contest this or have it investigated. DH said he wasn't given time to say or do anything. He was marched into the office, handed his termination and marched back out. Right now DH is too pissed off so we agreed not to talk to the VP or anyone else until tomorrow. DH is completing his unemployment application so when they call we can ask them how to spin this so it doesn't result in DH never working again. Surely his email account can be reactivated. And how can someone's word on something with no factual information to back it up be "proof"? I feel like this needs to go higher than unemployment - this is wrongful termination and that company needs to be sued into the ground.
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NomoreDramaQ1015
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Post by NomoreDramaQ1015 on Dec 21, 2015 12:32:21 GMT -5
I feel like this needs to go higher than unemployment - this is wrongful termination and that company needs to be sued into the ground.I think so too but I don't know if we could win. Nebraska is an at will state so the burden is on us to prove that it was wrongful termination. "Proof" doesn't have to constitute very much o n the part of the employer. It's not something for me to discuss with him here at work over my cell phone, I'll bring it up tonight when I get home. We haven't had time to do anything. They marched DH in, gave him his termination notice and escorted him off the premises. They didn't even give him a chance to process what it was they were accusing him of or give him a chance to defend himself.
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ArchietheDragon
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Post by ArchietheDragon on Dec 21, 2015 12:41:14 GMT -5
DH said the production manager was questioned and he said something that constituted "proof". The production supervisor is on vacation until next week so he was not at the meeting. It's just the supervisor's word that this is what the production manager said. Since his account was deactivated there is also no way to show the proof he had that the other Q A did the same thing and wasn't terminated.There is no HR department at this company. There HR department consists of ONE person and he has multiple titles besides Human Resources. The buck stops with him so there is no ladder for DH to climb to contest this or have it investigated. DH said he wasn't given time to say or do anything. He was marched into the office, handed his termination and marched back out. Right now DH is too pissed off so we agreed not to talk to the VP or anyone else until tomorrow. DH is completing his unemployment application so when they call we can ask them how to spin this so it doesn't result in DH never working again. Surely his email account can be reactivated. And how can someone's word on something with no factual information to back it up be "proof"? I feel like this needs to go higher than unemployment - this is wrongful termination and that company needs to be sued into the ground. A company is allowed to fire employees. That said, a good place to start is with the company's employee handbook. The policies that the company has stated in the handbook becomes a sort of contract, in a lot of cirucmstances. So if the company did not follow those procedures with regard to discipline before firing or the firing itself, you may have some grounds for fighting.
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MJ2.0
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Post by MJ2.0 on Dec 21, 2015 12:52:02 GMT -5
Surely his email account can be reactivated. And how can someone's word on something with no factual information to back it up be "proof"? I feel like this needs to go higher than unemployment - this is wrongful termination and that company needs to be sued into the ground. A company is allowed to fire employees. That said, a good place to start is with the company's employee handbook. The policies that the company has stated in the handbook becomes a sort of contract, in a lot of cirucmstances. So if the company did not follow those procedures with regard to discipline before firing or the firing itself, you may have some grounds for fighting. I totally agree with you. But if what DQ says is true - that the HR department consists of one person who does other things besides HR - they probably have a subpar manual, if they have one at all. I work for a large multinational corporation and our employee handbook is THICK. There is a whole host of hoops you have to jump through to terminate an employee once they're out of the 90-day window. I was sort of trying to see about getting rid of this guy who had been around for longer than I have. Turns out management had been sort of wanting to get rid of him for years but they didn't have enough grounds. He ended up leaving this year anyway.
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ArchietheDragon
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Post by ArchietheDragon on Dec 21, 2015 12:53:18 GMT -5
A company is allowed to fire employees. That said, a good place to start is with the company's employee handbook. The policies that the company has stated in the handbook becomes a sort of contract, in a lot of cirucmstances. So if the company did not follow those procedures with regard to discipline before firing or the firing itself, you may have some grounds for fighting. I totally agree with you. But if what DQ says is true - that the HR department consists of one person who does other things besides HR - they probably have a subpar manual, if they have one at all.
I work for a large multinational corporation and our employee handbook is THICK. There is a whole host of hoops you have to jump through to terminate an employee once they're out of the 90-day window. I was sort of trying to see about getting rid of this guy who had been around for longer than I have. Turns out management had been sort of wanting to get rid of him for years but they didn't have enough grounds. He ended up leaving this year anyway. That will work in the company's favor, if true. can't break rules you don't have.
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NomoreDramaQ1015
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Post by NomoreDramaQ1015 on Dec 21, 2015 12:53:24 GMT -5
There is the question of if we even want to fight it. Even if we were right and won they'd just start documenting the crap out of everything and when the moment is right terminate him with the current proof. Plus it may not make them willing to play ball on unemployment or possibly getting things changed to "voluntary resignation" or whatever we need to do to spin this. I know that when I was terminated from surgery research that they violated a TON of policies regarding my termination when I looked into the employee handbook here. However the only satisfaction I would have had is in being right. They wanted me gone and they would have found another reason to get rid of me later. It was better to leave quietly in exchange for two months severance and having it be "voluntary" on my part. DH isn't going to be getting any kind of severance but getting things changed so he wasn't "fired" may be better than proving us right. It's a very small privately owned company where nepotism runs rampant. We're not talking a large system like I work for. There is a lot more they can get away with than UNMC can in comparison. Archie is right you can't be in violation of policies you don't have. That's why the one QA wasn't fired after she was caught banging a co-worker. ..at work during work hours. There was no policy saying they could fire her for it.
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Ombud
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Post by Ombud on Dec 21, 2015 13:20:54 GMT -5
There is the question of if we even want to fight it. ... DH isn't going to be getting any kind of severance but getting things changed so he wasn't "fired" may be better than proving us right. Any chance of this .... getting them to change it to "laid off" or at least not fighting UI?
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NomoreDramaQ1015
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Post by NomoreDramaQ1015 on Dec 21, 2015 13:26:57 GMT -5
IDK. We're not doing anything at the moment. DH said the VP was absolutely livid. DH doesn't know if he was pissed at him or the situation. We agreed it might not be a good idea to be calling up ask favors right this second. I can't see why they would fight UI, DH is entitled to it even if he got fired. You can't claim it in Nebraska if you quit so now that I think about it "voluntary resignation" wouldn't work.
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alabamagal
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Post by alabamagal on Dec 21, 2015 13:43:47 GMT -5
A company fights UI because the rate they pay is dependent on the number of claims. So claims end up costing money.
And rules are different by state but most places you cannot collect UI if you were fired for cause. You generally only collect if you were laid off due to lack of work.
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ArchietheDragon
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Post by ArchietheDragon on Dec 21, 2015 13:49:06 GMT -5
One of the people that works for me was just complaining to me that she is pissed because she know we are tracking her key strokes and "watching" her and she feels she has done enough to prove that she works hard. She knows we are tracking her because the cursor is doing something weird in one of the programs and she knows what that means.
i didn't even know how to respond. I just mumbled something incoherently.
To be clear, I am not aware of the company, in any way, tracking keystrokes or tracking people's work.
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NomoreDramaQ1015
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Post by NomoreDramaQ1015 on Dec 21, 2015 13:51:17 GMT -5
Did you offer her up some tinfoil to make a hat? In Nebraska it looks like DH could claim but we may still be fucked If a person is discharged from a job for misconduct, a disqualification is assessed for the week of the discharge plus 14 weeks, as determined by the Nebraska Department of Labor. Maximum benefits payable may also be reduced when a disqualification is assessed. If a person is fired from a job for aggravated or gross misconduct, the disqualification includes a cancellation of wages from the employer.
He's calling the unemployment office right now. I suppose the next step is to see if the VP will play nice so we can collect unemployment at least. Something tells me they aren't going to. Okay NOW I want to cry.
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GRG a/k/a goldenrulegirl
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Post by GRG a/k/a goldenrulegirl on Dec 21, 2015 13:53:05 GMT -5
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Ombud
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Post by Ombud on Dec 21, 2015 13:56:48 GMT -5
So could the VP change it to laid off? Is DH willing to challenge terms of separation of service thru UI if VP won't change?
Applied for jobs thru state's website today.
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MJ2.0
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Post by MJ2.0 on Dec 21, 2015 15:52:48 GMT -5
I soooo want to punch things for you, Drama. (yeah, I get THAT kind of angry, lol )
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NomoreDramaQ1015
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Post by NomoreDramaQ1015 on Dec 21, 2015 15:57:42 GMT -5
I'd love to be able to punch his supervisor in the face. I've been wanting to do that for a long time. Especially since DH told me she sat in the meeting smirking the entire time. Talk about being an unprofessional bitch. I would have loved to have been there to smack it off her face. That's partially why DH isn't calling about anything, he said now that he has nothing to lose he's sorely tempted to tell them exactly what's been on his mind. Right now we need to let them think they won and play nice till we get his unemployment claim thru. Found four contacts, that will at least get us thru the approval process and the first week of UE. Need to figure out what we are going to do about daycare. I can cover the first week of daycare in January and maybe the second but after that we're screwed if DH doesn't get UE.
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Wisconsin Beth
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Post by Wisconsin Beth on Dec 21, 2015 16:14:44 GMT -5
I'm sorry drama. That really sucks.
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chen35
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Post by chen35 on Dec 21, 2015 18:54:16 GMT -5
NomoreDramaQ1015, maybe there is an employment attorney who can give you a consultation? They might have some good ideas...
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