Need Attorney. Gave Notice But Employer Says I Was Fired

[losClient]

What is the name of your state? California.

I gave two weeks notice (left two letters) but my former employer told the california unemployment insurance office I was fired because I was absent from work. Although my pay stubs show I never missed a days work and received a raise (this info clearly provided to the unemployment office) shortly before I supposedly went absent, the unemployment office denied my unemployment insurance.

As I mentioned to the unemployment office, you cannot fire an employee that quits. It's like a tit for tat thing. The employer is basicalyl saying 'you can't quit, I'm firing you.'

If I didn't miss any days and was always on time, why would an employee just out of the blue automatically not show up from work? There had to have been something that transpired between the employer and employee - a conflict. It is because of this 'conflict' that I gave notice. The employer had opportuntity to improve the situation. Instead he posted my notice on the employee board and made things difficult for me.

Thanks for your feedback in advance. If you know of an attorney that can provide immediate assistance, let me know.

 

[Beth3]

Uh, this doesn't make a whole lot of sense. If you voluntarily resign, 99% of the time an individual isn't eligible for UC benefits. If the UC office denied your claim, it's probably because they accepted your version that you resigned.

If they accepted the employer's version that you were terminated, then the employer would have to demonstrate that you engaged in "willful misconduct" in order for the UC office to deny benefits. I'm a little confused though - you seem to be saying that there was no problems between you and the employer, then you refer to a "conflict" that took place.

What is it that you want an attorney to assist you with? Your legal problem isn't apparent. You say you quit; they say you were fired. Unless I'm missing something, that's not that big a problem.

 

[losClient]

Clarificattion

Thankyou for your response. However there are severl key points mentioned in my post which your are missing:

1. The Unemployment office does not dispute whether I had a cause to give notice.

2. The Unemployment office, in a written letter, denied my claim based on 'my employer fired me because I was absent from work without notice'.

3. Yes, I gave notice because of several conflicts with the employers. In my post, I was saying making a point of why else would an employee who received a raise quit unless the employee had a bad interaction with the employer. It would be unusual for an employer to fire an employee a fews days after giving the employee a raise.

What do I need an attorney for? The employer has costs me my unemployment insurance. I will appeal the denial of insurance but I need to take legal action against the employer.

 

[cbg]

The standard under which you can resign and still get unemployment benefits is INCREDIBLY high. It's not impossible that even though the UC office concedes that you had good reason to give notice, it still does not reach the standard of "good cause" to quit in your state.

 

[Beth3]

You certainly can appeal the decision but as I tried to explain above, if you resigned, you are not eligible for UC benefits. If the employer can demonstrate that you were terminated for willful misconduct, you're not eligible for benefits.

Either way you look at it, I don't see how you're going to be eligible to collect UC benefits.

As to taking legal action against the employer, nothing you have mentioned remotely suggests you have any basis to do so. For the sake of discussion, let's just assume you can sue the employer because they told the UC office you were fired rather than you quit (you can't but that's another topic) and you prevail. The employer now tells the UC office you resigned. YOU STILL DON'T GET UC BENEFITS BECAUSE YOU'RE NOT ELIGIBLE IF YOU RESIGN (except in very, very limited circumstances.) The employer hasn't "cost" you your UC benefits, as you weren't eligible in the first place.

Get it now?

 

[justvisiting]

Questions for LosClient (the original poster)

1) If you resigned then why did you even file for Unemployment? Just curious.

2) Paystubs are different from detailed personnel and attendance records. What bearing do you feel your paystubs and raise have on whether or not you were fired or resigned?

Just under the heading of for what it's worth, I only know of one case where someone resigned and got unemployment. The person has carefully documented what was going on, was fearful of their personal safety because boss had a history of physical violence and temper tantrums, and also the sttress of working for that boss aggravated a medical condition (hypertension).

The unemployment handbook, rules, laws in states are very clear about what specific circumstances might allow a claim if you resign. Check and you will see that your situation did not apply and that's why your UC claim was denied.

I see you ask what you need an attorney for, then you say you need to take legal action against your employer. So, may I conclude you are capable of taking that legal action on you own behalf?

 

[losClient]

Folks, please read carefully

Folks, please read carefully. In my post, I said the Unemployment office sent me a letter stating why my unemployment claim was denied. It says BECAUSE the employer fired me because I was absent from work. It does not say I did not have a valid reason to give notice. The interviewer for the unemployment office did not say my reason for giving notice was not valid. However, they took my employer's word that I was fired.

 

[Beth3]

I understand that perfectly, just as I did previously.

What I am trying to tell you is that from a UC standpoint, IT DOESN'T MATTER. If you resigned, you don't get UC benefits. If you were fired for wilful misconduct, you don't get benefits.

Having a valid reason to resign (which is not something that is legally pertinent to the UC division) is a far cry from resigning for "good cause" as defined under each State's UC reg's. To have resigned for good cause and be eligible for UC benefits, you will have to demonstrate that your employer was violating the law and that your resignation was a constructive discharge. For example, that you were being sexually harassed and your employer failed to remedy the situation after you informed them, thus leaving you no option but to resign.

If you go to the hearing and the administrative law judge decides you weren't fired for attendance but rather that you resigned for reasons other than "good cause" (as explained above), you don't get UC benefits.

If you still don't get it, then I'm giving up.

 

[justvisiting]

No one said your UC was denied bc you didn't have a good reason to resign. You're really jumping all over the place.

Yeah, I get it. Well, what you are not comprehending is that it also would have been denied even if the employer said you "resigned" as you claim. Ummmmm...ever think of showing the UC people your resignation letter(s) or anything aside from a paystub? A paystub shows you were paid and how much. A paystub is not a personnel file, it's not proof of attendance, and it certainly has nothing to do with performance.

You said have to take legal action. Okay.

....good luck.

 

[losClient]

Just Focus On Reading Folks

Listen. I NEVER is any of the above posts said I did NOT need an attorney. Also, what you keep failing to read is the unemployment office, in assuming my side of story was true, did NOT say my reason for giving notice was invalid. I talked to them on the PHONE and received a written letter.

As far as taking action against the employer, if the employer lied to the unemployment office and made similar statements to potential employers, I do have a legal standing.

So YES! I clearly understand what you are saying regarding voluntary termination. However, you KEEP missing the unemployment office did not flag it. Maybe when I appeal the unemployment denial, I will find out more. But for right now, I have my word against his AND two patrons that remember me giving notice (one a police officier and the other a security guard). Since this is the first time I have ever given notice, I did not Cc the letter but that is why I pointed to the paystubs. For their part, the paystubs show that I was not an employee that missed days or showed up late. So it would be unprobable for the employer to have suddenly had to fire his employee that he just gave a raise.

Oh well. Thank you for your comments.

 

[goodbirdie]

The unemployment office may not have "flagged" your reason for tendering resignation, because at this time they are not dealing with your case as a resignation case. They are dealing with it as a termination-for-cause case.

My question is, at what point did you start becoming absent without notification? When you gave your two weeks notice, did you continue working those next two weeks? And then quit on the date you specified in your letters(s)? Or, did you give two weeks notice and then not come to work any more?

Sounds like it'll have to go through the appeals process, regardless.

Good luck.

edited to add: I am NOT an HR expert nor a legal expert. My comments/questions are only offered in an interest in your situation and feeling a few points are not clear.