No Unemployment

[chrisy]

What is the name of your state?CT

My Employer fire me because I would not stay late. I was disappointed that I was not able to get unemployment.

The reason why I believe I should have got the unemployment is because I had agreed to take the position based on a set amount of hours ( as stated in the offer letter).

After employment started they try to change my hours to more. When I would not work the additional hours I was fired. The job was retail sales. I had a base + commision. There was no incentive to stay extra hours.

I was told at the unemployement hearing that a offer letter is not a contract.

I was wondering if I appeal would it do me any good?

 

[pattytx]

Well, you can appeal if you want to, but the decision seemed very clear and unless you have information to the contrary, it's likely your appeal would be denied and you would be wasting your time.

They already told you that an offer letter is not a contract. The employer is perfectly within his rights to change such things as what hours you shall work as business needs require. If you decided you did want to work the additional hours, you quit because you didn't like the new conditions of the job. That does not normally entitle you to receive unemployment benefits and that's why the agency denied your claim.

Word of advice for the future. Except in extreme circumstances (and disliking the hours is not extreme) do your best to suck it up and comply until you have another job to go to.

 

[chrisy]

I just spoke to a local attorney earlier today. He stated that if the employer stated that my hours are defined in the offer letter. I have a right to the employment checks. He told me to get a labor attorney and appeal the decision.

I have briefly explain my case to the Labor attorney he has reviewed that I have a good claim. I now have an appointment with the Labor attorney.

I will keep this thread up to date if people are interested in hearing the outcome.

 

[cbg]

Maybe your state has something quirky in its definitions. In most states you would have no case at all.

 

[Beth3]

An offer letter outlining expected hours of work does not mean that an employer is prohibited from changing your schedule. If you have a SUBSTANTIAL change in hours (such as being required to work an entirely different shift), then in some States it may be possible to quit/be terminated and collect UC benefits. Based on what you're written however, it seems very unlikely you will be eligible regardless of what the attorney said but as cbg said, perhaps your State has something quirky in their UC reg's.

 

[chrisy]

Keep the faith

Well I receive the letter from the Appeals division. The Appeal division decide in my favor!

The employer had acted unreasonably since he had agree to honor my work schedule and had not consult with me prior to keeping me late.

Remember advice given in this forum should not replace real legal consul.

 

[pattytx]

You're lucky and the decision was unusual. No one here ever said you wouldn't win the appeal; we said it was unlikely. And it was. You beat the odds.

 

[Karenmck]

Follow your gut feeling

Good for you, sometimes you should follow what you believe, no matter what the outcome atleast you know you did all you could.

 

[Karenmck]

Follow your gut feeling

Chrisy, Good for you, sometimes you should follow what you believe, no matter what the outcome atleast you know you did all you could.

 

[boonehead]

Remember advice given in this forum should not replace real legal consul.

Of coarse, noone can predict what would happen in a court, Had O.J. Simpson posted on here 99.98% would have told him he was on his way to death row! (me included) Who would have thought differently?