Wrongful Termination

[Sean1863]

What is the name of your state (only U.S. law)? Pennsylvania

I was recently terminated from my job where I worked in good standing for 5+ years. During the exit interview they stated I was terminated because the department in which I worked was going in a different direction and I did not meet the criteria. They did not give any more information then this. As such, I filed fro unemployment shortly afterward in order to help and continue to support my family as the chief financial support. Today I received a phone call from the unemployment office stating that the company I worked for formally was appealing my claim. She asked a number of questions which I answered truthfully and professionally. She also stated that the company told her I was terminated due to an attitude issue and not due to the circumstances which they told me. As of right now my unemployment hangs in the balance until she makes an conclusion on my case. I feel I was wrongfully terminated and that I am entitled to the unemployment I paid into over the past 5+ years. I appreciate any advice at all on this matter, my life these past few weeks has been terrible and this has been detrimental to my well being.

Respectfully Yours,
Sean M. Lamb

 

[cbg]

This is not (even close to) a wrongful termination as defined by law.

 

[Sean1863]

Ok, thank you, I'm very sorry for wasting your time.

Sean

 

[eerelations]

No time wasted, that's what the experts here do, answer questions.

 

[cbg]

No problem at all, Sean, that's what we're here for.

 

[commentator]

No, really, a wrongful termination isn't what you were thinking it is. And it really has nothing to do with your unemployment benefits. Let me explain a little. While in PA you do actually pay in a very very minimal portion of the taxes that go into unemployment insurance, the majority of the money for unemployment comes from your employer. They do not, as a rule, care to pay more, which is what they have to do if people draw unemployment benefits after being terminated by them. Therefore, they fight every claim they can. The unemployment system knows that if the employer had the final say in this matter, pretty much no one would ever get to draw benefits. Therefore, that they are fighting/appealing/protesting your claim is not unusual. And the employer does not get the final say on whether it happens or not.

Though in an "at will" state such as yours, it is legal and not wrongful for an employer to terminate an employee for any reason at all, including that you wear green socks to work, if they cannot show that they had a clear, valid work related misconduct reason to terminate you, you will probably still be approved to draw.

When you file for benefits, you tell the agency exactly what you were told on the last day you worked (what the employer said was the reason you were being let go.) They ask a lot of valid questions, such as whether or not you had any idea you were in danger of termination, whether you had been warned about any particular work behavior, etc. They are looking for certain specifics, such as a pattern of progressive discipline, where you KNEW if you were absent one more time without excuse, for example, you were going to be fired.

Then they contact the employer, whatever you told them, they verify it, talk to the employer, ask them why they let you go. And the employer may actually lie. It's not too surprising. The unemployment approval/appeals process is done under the basic assumption that one or both of the parties in the situation may be lying. They ask them a bunch of questions too, such as "Had you given this person warnings?" "Did the employee know that the job was in jeopardy?"

After this beginning, the adjudicator issues what is called an "initial decision." This is the first decision in the process. If you are approved, at this point, you begin to receive checks each week after you have certified for the weeks that have passed. Both parties are notified. If the employer or the claimant wants to, either party can appeal the approval or denial of the claim. If either party does so, then a hearing is set up, either by telephone or in person, and both parties are there to go into the details of what happened to cause the person's termination. Then a second decision is given, either upholding or overturning the first decision.

But no amount of arguments or demands on your part will make any difference. You need to simply provide the unemployment office with all the information they need from you. Keep certifying weekly. If you receive notice that your claim has been denied, you will, of course, keep certifying for weeks as they pass and file a timely appeal asking for a hearing.

From what you are telling us, you did not have any warning that you were about to be terminated. you were not given any opportunity to change your behavior and keep the job. It was, based on what you were told by them on your last day, a simple termination without fault or misconduct on your part.

But that doesn't make it wrongful. It just means they likely can't keep you from drawing benefits, even though they are exercising their right to appeal your claim approval. It doesn't mean you need to go all legal on them, either. The unemployment process can be done without an attorney by most people and in most situations. But the argument that "I paid it in, so I should be entitled to draw it out" isn't valid. You really didn't, or at least not most of it. And "They have illegally discriminated and wrongly terminated me" isn't valid. They have done nothing illegal in your termination or in appealing your unemployment. It's not a wrongful termination. But you can likely get approved for unemployment anyway if you keep on with the process.

 

[Sean1863]

No, really, a wrongful termination isn't what you were thinking it is. And it really has nothing to do with your unemployment benefits. Let me explain a little. While in PA you do actually pay in a very very minimal portion of the taxes that go into unemployment insurance, the majority of the money for unemployment comes from your employer. They do not, as a rule, care to pay more, which is what they have to do if people draw unemployment benefits after being terminated by them. Therefore, they fight every claim they can. The unemployment system knows that if the employer had the final say in this matter, pretty much no one would ever get to draw benefits. Therefore, that they are fighting/appealing/protesting your claim is not unusual. And the employer does not get the final say on whether it happens or not.

Though in an "at will" state such as yours, it is legal and not wrongful for an employer to terminate an employee for any reason at all, including that you wear green socks to work, if they cannot show that they had a clear, valid work related misconduct reason to terminate you, you will probably still be approved to draw.

When you file for benefits, you tell the agency exactly what you were told on the last day you worked (what the employer said was the reason you were being let go.) They ask a lot of valid questions, such as whether or not you had any idea you were in danger of termination, whether you had been warned about any particular work behavior, etc. They are looking for certain specifics, such as a pattern of progressive discipline, where you KNEW if you were absent one more time without excuse, for example, you were going to be fired.

Then they contact the employer, whatever you told them, they verify it, talk to the employer, ask them why they let you go. And the employer may actually lie. It's not too surprising. The unemployment approval/appeals process is done under the basic assumption that one or both of the parties in the situation may be lying. They ask them a bunch of questions too, such as "Had you given this person warnings?" "Did the employee know that the job was in jeopardy?"

After this beginning, the adjudicator issues what is called an "initial decision." This is the first decision in the process. If you are approved, at this point, you begin to receive checks each week after you have certified for the weeks that have passed. Both parties are notified. If the employer or the claimant wants to, either party can appeal the approval or denial of the claim. If either party does so, then a hearing is set up, either by telephone or in person, and both parties are there to go into the details of what happened to cause the person's termination. Then a second decision is given, either upholding or overturning the first decision.

But no amount of arguments or demands on your part will make any difference. You need to simply provide the unemployment office with all the information they need from you. Keep certifying weekly. If you receive notice that your claim has been denied, you will, of course, keep certifying for weeks as they pass and file a timely appeal asking for a hearing.

From what you are telling us, you did not have any warning that you were about to be terminated. you were not given any opportunity to change your behavior and keep the job. It was, based on what you were told by them on your last day, a simple termination without fault or misconduct on your part.

But that doesn't make it wrongful. It just means they likely can't keep you from drawing benefits, even though they are exercising their right to appeal your claim approval. It doesn't mean you need to go all legal on them, either. The unemployment process can be done without an attorney by most people and in most situations. But the argument that "I paid it in, so I should be entitled to draw it out" isn't valid. You really didn't, or at least not most of it. And "They have illegally discriminated and wrongly terminated me" isn't valid. They have done nothing illegal in your termination or in appealing your unemployment. It's not a wrongful termination. But you can likely get approved for unemployment anyway if you keep on with the process.

Thank you very much for clarifying this for me, I understand now why this would not be considered a wrongful termination. I appreciate all the help and advice.

Sean