Employer filed appeal after I was granted unemployment

[mindyanne25]

I am in Massachusetts.
I recently filed for unemployment, was granted it and started receiving benefits and now my former employer is appealing this decision. What are my chances of winning?
Here is the background:
Before going on maternity leave I discussed my options with HR. They said as long as I returned to work they would be happen when I told them I was unsure if I would be able to return full time.
While on my leave, my son needed surgery and I wasn't able to return on the date we agreed upon. They were fine with this.
At this point I explained to both my supervisor and HR I would be unable to return full time because my son needed some extra care while recovering and that after looking into daycares, they were either filled or I could not afford them. I told them I could work part time and they agreed to this.
Shortly after I began working part time, they put me back on the schedule full time without telling me. When I spoke to the manager, I explained to him again I can only do part time. He said we would have a meeting with HR to all get on the same page.
The day this was supposed to happen, I was getting ready to go to work when I got a phone call from my supervisor saying they audited my drawer and didn't need to come in. ( I was a bank teller and they do audits randomly or when you quit or get fired from the position. However, the "owner" of the cash drawer is supposed to be present and I was not, they did it before telling me). I was told to report directly to HR with my keys.
Confused I went to speak with HR. She wanted me to sign papers saying I quit. I told her I didn't want to quit. She said she would look into it and try to find me a position, but since they already audited my drawer and got rid of it, I had to sign the papers and give her my keys, so I did.
Following up with HR, she told me nothing was available so she would process my paperwork. After this, my supervisor had said she was fine with me working part time. I told HR this and she still said it would not work out that way.
I emailed my manager asking telling him I would really like the opportunity to stay and he never responded.
I applied for unemployment and got it. Unemployment told them I quit for personal reasons. This is not true as if it were up to me I would still be working for them.
They agreed to let me work part time and I have proof of this and we never decided on a date I would return full time.
HR contacted me before I filed for unemployment asking for a letter of my resignation because she said it would help my chances in getting a new job instead of saying I was fired.
I feel like they pushed me out the door and wanted me to quit.
My sons surgery was out of my control, they agreed to let me work part time until I could find a daycare I was able to afford and then suddenly they for some reason didn't allow it.
I even looked online and saw they had part time jobs listed and when I contacted HR about this, she never returned my call.

What are my chances of winning this appeal? How to I prepare for it?

 

[mindyanne25]

I'm sorry, that was supposed to say "they would be HAPPY (not happen) as long as I returned"

 

[cbg]

Because this is Massachusetts, I'd say you have a reasonable chance of keeping your benefits. MA is surprisingly reasonable about unemployment in child care situations.

I have another question for you. How long, total, did you miss from the time you went out on leave till the time you went back part time?

 

[mindyanne25]

12 weeks total

 

[mindyanne25]

They also knew before I went on leave that is was a possibility that I wouldn't be returning full time. I told this to HR and she said that would be fine, they just wanted me to come back. I told her since my son wasn't born yet, I didn't know what my options would be yet and she understood that.
It was about 2 weeks before I was going to go back that I confirmed with them I wouldn't be able to work full time because my sons surgery would require me to stay home longer and I needed to still find a daycare for him because everything I looked at was filled or I couldn't afford. They said to take the time I needed and then all the sudden it wasn't ok.
We never agreed upon a date for me to return and I do have proof that they agreed to let me work part time until I was able to work full time again.

 

[commentator]

I am in Massachusetts.
Confused I went to speak with HR. She wanted me to sign papers saying I quit. I told her I didn't want to quit. She said she would look into it and try to find me a position, but since they already audited my drawer and got rid of it, I had to sign the papers and give her my keys, so I did.
Following up with HR, she told me nothing was available so she would process my paperwork. After this, my supervisor had said she was fine with me working part time. I told HR this and she still said it would not work out that way.
I emailed my manager asking telling him I would really like the opportunity to stay and he never responded.
I applied for unemployment and got it. Unemployment told them I quit for personal reasons. This is not true as if it were up to me I would still be working for them.
They agreed to let me work part time and I have proof of this and we never decided on a date I would return full time.
HR contacted me before I filed for unemployment asking for a letter of my resignation because she said it would help my chances in getting a new job instead of saying I was fired.
I feel like they pushed me out the door and wanted me to quit.
My sons surgery was out of my control, they agreed to let me work part time until I could find a daycare I was able to afford and then suddenly they for some reason didn't allow it.
I even looked online and saw they had part time jobs listed and when I contacted HR about this, she never returned my call.

What are my chances of winning this appeal? How to I prepare for it?

The things you say that I have underlined above are the important things that should make it apparent that you didn't quit. That you wished to continue working part time, and that at first you were told you could do so, and then you were told you could not. You know they have part time positions available, and you were told by your supervisor on such and such date that you could do this. Then you were pushed out the door. This had nothing to do with counting out your cash drawer that one occasion, though don't be surprised if they try to throw that in as some kind of performance issue. They may even bring up that they think you didn't wash your hands after you used the restroom, you know what I mean? They will not do well with this and you should stay strictly on topic, which is that you were forced out of your job, after first being told that you would be allowed to work part time during the family emergency you were experiencing. You did not want to lose your job, you did NOT resign voluntarily. That is it.

The big mistake you made (which you need to be SURE and tell the unemployment system what you were told and why you were asked to give them this) was to agree to sign this letter that you were resigning "to keep them from having to say you were fired." That was one of the oldest lies employers tell, as they do not every wish anyone to draw benefits if they can avoid it. It is a very mean thing and they do it frequently. BE SURE that in your appeals hearing you stress what she told you and why you signed this letter, even though you were definitely NOT leaving of your own choice.

That sentence where "unemployment told them that I had quit for personal reasons" I think you meant to say, 'The employer told unemployment that I had quit for personal reasons." And what you need to open with, and procede with and stay on topic about is "I did NOT quit my job. I was fired. I did everything in my power to stay on the job."

I also think that if you go into the hearing bearing down on this truth, and answer the questions put to you by the appeals referee clearly and succinctly and politely, regardless of what the employer comes up with, you have a pretty good chance. It sounds as though you did have a medical emergency related to your son's birth and care for a while, that you asked for and received accommodations in your work schedule due to this, and then those were taken away and you were forced out. That you were fired, but the employer did NOT have a valid misconduct reason to fire you. And then, of course, they weaseled around every way in the world and tried to get you to say you quit, so they could keep you from drawing, which will become evident to the appeals referee if you present it right.

 

[TigerD]

Talk to a local attorney versed in employment law.

After maternity leave, a mother, whose child had a serious medical condition, was not allowed to either return to her previous position or make reasonable allowances including FMLA and was subsequently terminated after an inspection in violation of the companies standards and procedures.

Talk to an attorney.

TD

 

[eerelations]

Talk to a local attorney versed in employment law.

After maternity leave, a mother, whose child had a serious medical condition, was not allowed to either return to her previous position or make reasonable allowances including FMLA and was subsequently terminated after an inspection in violation of the companies standards and procedures.

Talk to an attorney.

TD

OP was offered her previous position and she turned it down. And OP had exhausted all of her FMLA leave entitlement. That means OP's termination was not illegal. However, she should probably be entitled to UI benefits.

 

[cbg]

AND OP also had the maximum time required by law under either Federal or state law (and she is in my state). While I will grant you that this is what I had in mind when I asked the questions, the subsequent answers make any other claim weak, at best. She would need to show that someone who used the full allotment of non-maternity leave, was offered the exact same job back but opted for part time, and then had her drawer fail to balance properly would have been treated differently.

Sure, she can talk to a lawyer. But I'm not seeing a slam dunk by any stretch.

 

[LdiJ]

AND OP also had the maximum time required by law under either Federal or state law (and she is in my state). While I will grant you that this is what I had in mind when I asked the questions, the subsequent answers make any other claim weak, at best. She would need to show that someone who used the full allotment of non-maternity leave, was offered the exact same job back but opted for part time, and then had her drawer fail to balance properly would have been treated differently.

Sure, she can talk to a lawyer. But I'm not seeing a slam dunk by any stretch.

I really do not think that is the issue. I think its truly just an unemployment benefits issue and she has a very good chance of winning that appeal. She doesn't need an attorney for it either. I know that you know that, but I do not want the OP to get confused by the slight tangent the thread took after commentator's response.

 

[cbg]

I know that's all she asked about.

The HR manager in me saw a potential illegality that might have given her some additional rights over and above the unemployment issue. IMO, that did not pan out and the UI is now the only issue. TD saw the same things I did initially and reacted to them. I was responding to him.

 

[eerelations]

I was responding to him.

Me too.

 

[mindyanne25]

I apologize again, where you underlined unemployment above, it was supposed to say that my previous employer told them I quit for personal reasons. Not the other way around.
Sorry, I was a little distraught writing this so I'm sorry for the mistakes

 

[cbg]

No problem at all, mindyanne; we understand you're upset.

MA is one of the few states that allows you to quit for an urgent and compelling personal reason unrelated to your employer and still get benefits. So even if the employer is able to convince the DUA that you quit for reasons related to childcare and were not fired for not being able to work full time, that still doesn't mean you'll be disqualified.

 

[mindyanne25]

Thanks for the responses everyone. My performance defiantly wasn't an issue and my performance reviews will show that. I also was given a raise the day I returned to work from my leave. So I think it's just the fact that they couldn't control what I wanted to do. They had and still do have part time positions available, I started part time as well. So why I cannot go back to that is what I don't understand. Before I went on leave I even explained to HR I wasn't sure if I'd be able to return full time because my son wasn't here yet, I didn't know what my options would be. She said as long as I come back at all they would be happy. She should have told me back then if I couldn't come back to my full time postion we would have an issue. I don't understand why they even agreed to it when I didn't have a date to give them for my return full time if it was an issue. I just don't understand. I loved my job and they even had me scheduled to train to be vault certified and I told them I could still attend the training but they took me off it.