We're transitioning to a age of automation but that transition being managed very poorly in my opinion by both government and business IMO. Society will suffer for placing all it's focus on creating well trained widget makers at the expense of nurturing thoughtful citizens in the long run. If something doesn't give I see humanity either becoming like the Earth in Asimov's Caves of Steel or the film Elysium. Oh man, pathetic that I have to censor someone's name See, that's what we get for relying too much on automation! As for the OP question. I feel that this is just one of those stuck between a rock and a hard place situations.
Both situations are extremely stressful, wreaking havoc on a person's health , both physical and emotional, and relationships with friends and family. Ruby Slippers in Las Vegas, Nevada. Chicago Suburbnite in Illinois said: My one aunt started out working as a supermarket cashier after she immigrated here legally from the Philippines. The only place that would hire her was Super Fresh, a place that also hires many illegals and pays them under the table. My grandmother only went to the 6th grade but she had a good job during The Great Depression.
She was a cook in a mental hospital. They made over 1, meals a day. She met many interesting people there: Moses, Cleopatra, Abraham Lincoln, etc. When she started she peeled potatoes for 3 years. My niece started out as a CNA in an old age home. Physically, its very demanding and not for the faint-of-heart. She is now a medical biller but they are even automating that. I've been in both spots. I feel like I'm stuck in a job from hell right now, and by hell I mean the sense of no escape, the people I work with are great.
I just feel that I'm getting no where with this retail job. I'm trying to look for other work, outside of retail. I do have an environmental science degree, if she has an environmental science degree, why is she working in retail? I wish I had an opportunity to gain experience. If I had a little bit more money saved up, I'd choose unemployment and devote my time to job hunting. In my free time right now that is what I'm doing. People treat retail workers like scum. Because of my retail experience, I always make a point to be overly friendly in checkout lines. I don't want to be the person that causes someone to jump off a roof.
I've seen people harassed, humiliated, disciplined by their bosses all while checking someone out My parents simply don't understand why I'm resisting going back to retail. They believe that any job is a good job. Not to mention, I have four siblings that are all doing well. Hang in there and find something you love doing. The workforce is really challenging right now. And Speaking your mind is not rambling.
Why women's rights activists want a "no" vote for Brett Kavanaugh
It's hard for a lot of people and less people are understanding,especially if they enjoy what they do or don't do. Ruby Slippers in Las Vegas, Nevada said: That makes unemployment personal to me. My goal with the book is to turn the tables and give readers confidence. If something is scared of you it shies away from you.
That is what I want unemployment to do. What do you mean by that? When your income is reduced there should also be an immediate reduction in your expenses. In some cases it is about finding appropriate alternatives. In the book I talk about how to still take your family on adventures without the typical vacation cost. Another example is how I show readers to negotiate better payments or term arrangements with their creditors, thus reducing the amount they are paying each month.
In one example I interviewed a newly laid off person who called their cable company and told them their situation and asked for help. Can you share some insight on how you do that? Many jobs go unadvertised because many employers now rely on their professional network for referrals. So there may be a job that is perfect for you, but you may never know it if you are not connected to the hiring manager in some way.
I have never been written up for anything my entire life and I did lose my temper and shouldn't have. Anyway, my work was like you know this can't ever happen--I agreed and we moved on. About a month later, I get into work and the doctor pulls me aside and asks me to tell him about the "incident that happened last week with Nancy Nancy was training me.
I had no idea what he was talking about. He stated that I had used profanity in front of Nancy and it upset and offended her and she has been an employee for over 10years and he let me go. Now Nancy and I had become very close and yes I did use a swear word in a conversation we were having in private behind closed doors. I was not swearing at Nancy. Now later that night Nancy calls me to find out what happened.
I tell her what the doctor said and Nancy tells me that is not what happened. The manager would talk to Nancy every week to see how i was doing etc. The manager asked Nancy "Have you ever heard Dana swear"? Nancy said yes a couple of times but it was in a private conversation, never in front of patients, doctors or anything inappropriate. Now I must tell you that I was doing a great job in my training and was told by 3 different co-workers who were all training me on different things. Now the employer denied my unemployment and initially Nancy said she would write a statement for me to provide the unemployment office.
Now Nancy has been told that she cannot do such and if there are any requests for anything like that it must go thru management and they will handle it. Now I would guess that most adults would agree that at some point they have used a swear word at work and I personally heard 5 other co-workers use a swear word at this place of employment and they were not written up or terminated. Any advise as to how I should proceed? Can some one tell me if your job is elimnated and you are transferred to another job same company and you will make less--Can you draw unemployment for the difference?
No you cannot, you will still be "fully employed" it doesn't matter if you're making less than before, if you're considered full time, then you are not eligible. Unemployment is for people who are un or "under" employed, like not full time. I don't believe you can collect unemployment for the difference, though in some types of employment, if the wages are low enough AND you have enough earnings in your base period the period of your past employment used to calculate the benefit amount you may be eligible to receive , you might qualify for some unemployment.
Whether you are in California or another state, Precedent-Benefit cases are generally accessible. These cases set the standard for practices and procedures in unemployment law. You can do research to find what rules have been established in all sorts of circumstances. Often you can find cases that mirror your own. If you are defending a claim, you may find support in citing these cases. This case was decided many years ago, thus the hourly earnings are reflective of the time period in which the case was decided, but the principal remains the same:.
Unless a person would become a nonproductive member of society see Appeals Board Decision No. P-B-1 , a person has good cause to leave his employment when he is confronted with the alternative of continuing employment at a sufficiently substantial reduction of pay or becoming unemployed. Since we cannot find that the claimant became a nonproductive member of society by choosing unemployment rather than accepting this reduction in pay, we find that this reduction in pay In the current economic conditions, if you have a job that provides you with enough to live on, it is probably best to hang on to it.
So many people are going through tough times. I would say--unless continuing in that job results in hardship--make-do until this economy turns around. Unemployment does not provide great pay, and it is temporary. If unemployment benefits will provide greater means than what you are currently earning, it may be the better option. You have to eat! So funny Andrea, I've read three articles here this morning based on title and subject, and they are all yours! Guess we have the same curiousities! There is hope against the big machine. I was denied UI benefits by the state.
I appealed and even though my employer told me at the time of my release he would not challenge them, come court day he was there. I have heard of getting a free pass if the employer does not show up but always plan on it. Keep records and ask for copies of reviews, awards, plaques anything that shows your positive work influence. Were you given a raise due to merit etc..
Things like these are good to bring to the judge or arbitrators attention. The one thing I think that is overlooked is the letter you have to submit to ask for an appeal. If an appeal is granted it means that something in that letter convinced them that you have a case. Figure out what it is. What points did you make in the letter? Focus on them when you begin your opening statement. Be respectful, prompt, dress nicely and do not be Perry Mason.
The judge or arbitrator is not going to be impressed. Make your points concise and don't be defensive. Remember it is up to the employer to show just cause. If you have no history of being written up or disciplined you should fair well. Unless you are caught stealing or some other form of malicious behavior in the work place. Were you warned previously for why you were fired? If not, that is your case. If you were disciplined in the past was it documented? The question would be why were you warned in the past and not fired, what happened to getting warned and documented.
Keep things short, let the judge do the digging on what happened. The appeals process can be lengthy. My case took over 4 months to get heard. No income in that time, and if I had gotten a job I would have to take time off and possibly explain why. Alot of employers aren't big on finding out their newest employee is suing their former company.
Lying will not help you, those judges are pretty smart and deal with a lot of liars that I'm sure spin a pretty good web and wind up getting caught up in it during the back and forth questioning. It can be nerve racking and it's easier to remember the truth than to keep up the lies. I wish anyone in the appeals process the very best of luck. I hope we all can find our dream jobs. What should I do in this following situation which I am describing below? I have worked for that nursing home for 5 years. About December , I took a maternity leave and delivered my triplet infants on January On may 10, , I tried to return to my full time position but the employer refused to take me back.
I filed for unemployment insurance and was awarded. However, 3 months from receiving unemployment, suddenly it got stopped. They stated the reason for my denial was that I supposed to return to work on April Also, they accused me of quiting my job which is completely untrue.
At no times has anyone or my Manager ever told me a specific date for returning to work. The unemployment insurance referee agrees with the employer's decision. I appealed it and wanted to know what I should do in order to continue to receiving unemployment insurance. During your appeal process which may take several weeks or a couple of months, you will need to keep filling out the claim forms each week.
You will not be paid anything until you meet with an Administrative Law Judge From the sound of your post, it doesn't sound like you know, or are explaining the whole story, there are a lot of facts missing from your situation.
How To Scare The Hell Out Of Unemployment
Thank you so much for all of your posts. I'm getting ready for my call to fight for unemployment and all of your posts have really helped me focus what I need to say. I have a question: I was told I was being laid off and given two weeks "notice. The day before my last day I came in and was promptly handed a termination notice and was fired the day before my last day due to the lay off.
I have never been fired or laid off before. I think my boss did not want to pay unemployment- is this not fishy? Can I still apply, or now is it all over because I was fired? I was fired due to one mistake, my first mistake actually with the business ever.
I have the memo that says I am being laid off that states I am a great worker. A friend was laid off the beginning of May from a parts manufacturing company in Michigan. He immediately applied for unemployment, but was told that his employer did not submit any information to the government for him. To date, he has filed five 5 claims and has not received any benefits. He has been seeking work, but cannot afford gas or bus fare to where jobs are available. He worked for this company for four 4 years full time.
He has not paid rent two months or paid child support. Is he entitled to the unpaid unemployment benefits until he finds a new job. After he finds a new job and the unemployment benefits still have not been paid by his old employer, is he still entitled to the money? Will the employer be fined? Can he sue for being evicted and homeless because of this?
My employer, upon learning of my pregnancy had began reducing my hours. I filed and was accepted for unemployment to supplement my income if I did not get X amount of hours. I was honest with how many hours she needed to give me to prevent me from being able to collect. So I would re-open my claim, she would get notice and next thing you know I am working more hours. Then maybe a couple weeks my hours go down again. We had talked about me working up until just before I gave birth and that I would take PFL then return to work.
Since she laid me off I still collected. I only took off a reasonable amount of time I did not claim, then resumed. Well, my claim expired and I was eligible for a new one. And, as the man who was helping me said resulted in me getting a "raise" as it was more then I was getting on my last claim.
- Call of the Whales.
- Pédiatrie (French Edition);
- Daylight Knight (Light Series).
- The One Chart That Should Scare the Hell Out Of America;
- Laid Off? You May Have to Fight for Unemployment Benefits.
- Unemployed vs. Job From Hell -- Which Would You Choose?.
- Sensuality Singles: Wilshire (Sensuality Volume Two).
Right away my boss fights it, saying I quite. At my interview I mentioned that she had left me a voice mail the morning I was supposed to work telling me I was laid off. When the interviewer spoke with her she still tried to say I quite. When asked about the voice mail laying me off, she stuttered and then got angry and told the interviewer "Fine, just give it to her then! This is the boss that likes to tell all her workers how we're stupid and how much smarter she is then us.
I worked a job for six hours driving a 30 foot box truck. I told the guy I never drove a truck like this but would give it a try because I wanted to get off the system and back to work. I wasn't very good at driving the truck and was discharged after 6 hours. I am still waiting for the results as we speak. The employer told the arbitrator a bunch of lies saying I told them I was an experienced truck driver. My lawyer who I hired asked the company lawyer "Did you check his credentuals or backround before you hired him"? His lawyer said no.
My lawyer then asked "If he wasn't qualifyed for the job why did you hire him"? The lawyer was silent and didn't say a word. The arbitrator then ended the hearing. I can't remember every little detail but I have gone 3 months with no income. I will have to let you know how it turns out. I never in my entire life lost a job in less then a days time.
WOW - this is some bad information! You do not collect unemployment benefits from the government. Well, you should start by understanding how unemployment works. You DO collect it through your state government.
The One Chart That Should Scare the Hell Out Of America
Employers pay the government through unemployment insurance rates; the government, in turn, pays unemployment benefits to people who qualify. Here's a little primer for you: People that are fired are increasingly unable to receive unemployment benefits, especially if fired for misconduct some employers are trying to prevent people who were laid off from receiving benefits by claiming that they were fired for misconduct, even if they weren't - that's sort of the point of the article.
Please go ahead and check out this website: They can also receive benefits if the employer had a good reason to fire the person but the infractions were relatively minor, unintentional, or isolated. In most states, however, a fired employee will not be able to receive unemployment benefits if he or she was fired for "misconduct. Common actions that often result in firing but do not constitute misconduct are poor performance because of lack of skills, good faith errors in judgment, off-work conduct that does not have an impact on the employer's interests, and poor relations with coworkers.
I realize that you have an unemployment-related web site that you want to promote through blog-commenting, but I'd recommend boning up a little on your reading. Thanks for adding that additional information - as you will note if you read the links you posted they are no way listed in the absolute, sure you can be fired and denied benefits - IF the employer sustains the burden of proof necessary to show misconduct in connection with work. You may also collect unemployment compensation if you resign so long as you have "good cause" in connection with work with a number of exceptions.
I have been representing Claimants and employer for over twenty years - so, while i love to promote my web site I am also concerned when I see what appears to be bad information. You'll also notice that, in the actual article I wrote, the sentences are also not in the absolute. Hence the words "in general". There are exceptions, and every state has different rules. Can you collect unemployment if you quit your job? In most cases, if you voluntarily left employment you are not eligible. However, if you left for "good cause" you may be able to collect.
If your claim is denied, you should be entitled to a hearing where you can plead your case. This article was not meant to cover every single potential example of unemployment benefits, but rather to help people try to prevent an issue in which a dishonest employer tries to make it seem like a lay-off was actually a dismissal for performance reasons - a trend that was, at the time of writing, on the uptake.
If you plan to promote your business through blog commenting, I highly recommend creating a useful argument, rather than accusing bloggers of misleading readers, and then making a series of false statements yourself. I also have a similar story, rather my live-in boyfriend's story. He came in this morning early from work saying he got suspended without pay until further notice.
He works for a private waste management and recycling company with an incredibly negligent boss. He has recently gotten his class a license and was promoted to driving the trash trucks. They've had four accidents this past week alone because his boss doesn't want to replace the cameras on the backs of these trucks. Trash trucks do a lot of backing up! Seasoned drivers are getting into these accidents. He saved the truck and any possible explosions by pulling over and dumping it out and attempting to exstinguish the fire with the lousy exstinguishers they have on hand.
Luckily fire dept came and put it out. Today he's asked to drive a dangerous truck and refuses stating the problems to his boss and gets suspended for "complaining" too much. Actually, if an employer reports that you were fired for performance, you WILL be able to collect benefits. This is fundamental to UI law in every state. Discharges are disqualifying if the employer can prove misconduct including policy violations , and poor performance or inability are, by definition, NOT misconduct.
In fact, in most states I believe all states a report of "discharged for poor performance" is not even considered a protest of benefits, and this is clearly indicated on the form the employer submits to provide the reason for termination. Your advice not to lie about compensation is also off base - UI claimants don't have the opportunity to lie about compensation, because compensation is provided by the employer, usually to a database of all employees, so the information is on file even before a claim is filed.
You really should do some basic research on unemployment insurance laws before you try to offer advice to people who might have to file claims! Actually, if you had read any of the articles that are linked to in this blog post, you would realize that employers are regularly challenging unemployment claims due to performance reasons. Misconduct includes, but is not limited to, stealing, lying, failing a drug or alcohol test, falsifying records, deliberating violating company policy or rules, and other serious actions related to your employment.
Ugh, I feel sick reading about this. I have not applied for unemployment yet because I had severance. Now I'm worried there will be no unemployment. It was already a rotten way they terminated me and I am afraid it may have been successful enough to cover them on the unemployment side. Yes, severance was not addressed in this blog. I have received severance but the company called it salary continuance and EDD denied benefits. Now I have to go in front of the judge to fight for it. I have seen second-hand information that severance pay is not a reason to deny the benefit, but I don't know exactly what the law says and how to present it to the judge.
Hi , I just found out I'm being laid off tomorrow, but the company I worked for today offered me a job only guaranteeing two hours a pay week and another job I don't qualify for. My company has a union and everything is done by seniority They want me to sign a paper declining the positions, so I can't file a grievance. I'm afraid to sign the paper because they might use it against me for collecting? So my question is 2 hours a pay week even considered offering me a job and if I don't qualify for the other job can I collect?
A previous employer fired me, in the middle of large cleaning house company was in the middle of being sold. When I filed for unemployment, they told me my Manager said it was due to poor performance. So I filed an appeal, and asked what that appeal process entails. They said that the company would have to provide documented proof that I had poor performance. Well since I had nothing but good evaluations, I asked the clerk, if I would get a copy of whatever proof was submitted, and she said she would.
I filed an appeal on Friday, and long story short, on Monday I was approved for unemployment benefits. This was in the state of TX btw. Lesson of the story is, if you truly were wronged in your termination, fight, fight, fight, until you get what's rightfully yours. I work as a bartender for a not for profit organization Moose Lodge. A week ago the Board of officers advised that in four days our paid jobs would end.
We could work as volunteer bartenders and earn tips only! Am I eligible to collect unemployment insurance benefits? I have been on unemployment in N. Y State for several weeks now. I received notice to return to work in a week. The job is low pay, no benefits, and they require I work nights and weekends which I refuse to work. I feel I was not treated fairly when I worked there before and I don't want to be in the same position again.
They did and will again reduce my hours of work without notice or explanation etc. Can I legally turn this job down? I have one I've never had to think about and don't know how to advise. My daughter's boyfriend works for Chipotle. They have been inching his hours back to nothing. They over hire to keep the employees hours below 29 so they can avoid Obamacare. Now with their legal and publicity troubles, they have too many employees.
To avoid unemployment insurance, rather than lay them off, they merely reduce the hours to zilch. He was scheduled for 8 hours last week and at the last minute, they cancelled 4 of them. This week the scheduled 4 and cancelled them at the last minute.
He has been de facto laid off, but not de jure. They won't say it. I have seen this one other time with the next door neighbor's daughter at a Walmart Neighborhood Market. Apparently this is the new screw over the employees game. What recurse does he have to a company that will not admit that they have laid employees off? Being fired from a job does not disqualify you from receiving unemployment benefits, at least in most cases. The only reasons you would be denied benefits is if you either resigned this would result in a delay but not a denial of benefits , or were terminated for misconduct.
Misconduct as it pertains to unemployment eligibility is defined in the state statutesand may vary from state to state, but as a general rule it amounts to lying, breaking a law, violating explicit company policy, insubordination, excessive documented tardiness that you were warned about, or gross deliberate negligence.