Ability to collect unemployment only applies if no misconduct isnt proved

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Comments (19)

JettingtoMars in US, Virgin Islands

44 months ago

woops, the headline was supposed to say if no misconduct is proved.

I find it messed up how in the customer service field, a company can fire you because of a few complains over the course of a year. If customers complained everywhere, there would be no workforce!

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JettingtoMars in US, Virgin Islands

44 months ago

yeah I know state to state is different but there has to be like rules broken i think. Like, being late, being insubordinate and something to show for, fighting with coworkers, no call no show, etc. But customers complaining isnt a valid reason to not get unemployment i believe. Sure customers can complain all they want and in a customer service job, the company usually always goes in favor of the customer. In which that case, they tally up the complaints and after a few, they terminate the employee. I told him go for it. Should get it. Would be shocked if he didnt. I think im going to start complaining myself to businesses about their employees and get people fired, those companies that take complaints serious. Kinda messed up how a company can listen to customers and not wait to see whatever is wrong w/ their own eyes. Its like, what if the customer just dont like that employee? a vandetta? lol

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Nanlisa in Upper Darby, Pennsylvania

44 months ago

JettingMars: Maybe friend is not cut out to do customer service. It's a demanding job, and yes, you're going to have to deal with a lot of angry and irate customers.

It also depends on how he handled the customer. I don't know the whole story, but perhaps he should find himself another line of work; especially one where he doesn't have to deal with the public.

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katts8 in North Haven, Connecticut

37 months ago

i worked for at&t 30 years... i was sick and they fired me.. forced me to retire.. they said i was not proper to customers a lie... union cwa kissed there asses and let them get away with it.

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dontwanttobea99er in Somerville, Massachusetts

37 months ago

I got fired from a job for something similar, and got full unemployment benefits. Not sure whether the company at hand didn't bother to contest it, or they did and lost based on lack of proof as to why I was canned. They tried to make me sign a termination write-up that I left a lengthy note on, explaining my version of what happened, and I refused to sign it. I think that's what ultimately got me unemployment....refusing to sign the write-up. Without it, they had no proof of anything.

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katts8 in North Haven, Connecticut

37 months ago

i had a hearing and got unemployment... thats how AT&T treats people... plus took away free phone and medical...union kissed up to them... union said i would be back to work within 6 months what bs.. i pd them thousands of dollars in union dues and got nothing for it.

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Karen in York, Pennsylvania

25 months ago

I had emergency surgery. If I get laid off after my medical leave, can I collect unemployment in PA?
I have worked there part time for @ 3 years?

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jenab in Austin, Texas

25 months ago

JettingtoMars in US, Virgin Islands said: A company can fire someone because a customer complains? Just doesnt like you? There's no proof of any misconduct or breaking company rules like caught by a coworker, supervisor, cops, anything. So he'd be able to collect right?

Depends on local/state/federal laws and workforce regulations and workforce boards. Being "terminated" isn't an immediate denial of benefits.

There will be an investigation as to the reason for being terminated, but unless the employer can prove cause, or they can prove a clear failure to meet expectations, UIB is likely (unless that person has already exhausted their UIB).

Generally the larger the employer the greater their burden of proof of consistent enforcement of policies and expectations. That includes clearly documented feedback, warnings, and corrective actions. A very small business isn't going to be held to the same level of documentation as, say, a multi-state employer with thousands of employees.

All that being said, the local/regional workforce board will have the most accurate information.

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Need New Job in Chicago, Illinois

17 months ago

Cho in Chicago, Illinois said: I got fired for misconduct last week. I applied for unemployment and they want to interview me because it was misconduct. I work for chase for part time starting jan 2013 before that full time. I become part time due to my husband illness. Because of his illness my in law who live over sea promise me 1000 dollor a month and made deposit through someone they know here. I was fired because of that. It was clear that money were coming from different states when they called me into global security office a week before I got fire. I didnt know that money were coming from different states I explained them. It could be friends and family of that person u know. I was fired for misconduct. So will I be collecting unemployment?

That's a tough one. You weren't doing anything illegal, just suspicious under the Patriot Act which the banks won't play around with. I don't know what the unemployment office looks for, but I once fired someone for misconduct for using the "n" word at the office. I know for a fact that he collected unemployment. What you did isn't even in the same realm of what he did, so my fingers are crossed for you.

Good luck.

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Need New Job in Chicago, Illinois

17 months ago

Need New Job in Chicago, Illinois said: That's a tough one. You weren't doing anything illegal, just suspicious under the Patriot Act which the banks won't play around with. I don't know what the unemployment office looks for, but I once fired someone for misconduct for using the "n" word at the office. I know for a fact that he collected unemployment. What you did isn't even in the same realm of what he did, so my fingers are crossed for you.

Good luck.

Also meant to add - this needs to be a lesson to everyone who works for a bank. DO NOT BANK WHERE YOU WORK. This is an example of employer oversight into your personal life and making assumptions that directly impact your livelihood. And it is not uncommon.

Work for American Airlines? Don't fly with them. I don't care how good the benefit is.
Work for AT&T? Get your cell plan elsewhere, unless you don't mind your employer reading your texts.
Same goes with any employer. Just remember that you are always being watched.

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Bluetea in Texas

17 months ago

Need New Job in Chicago, Illinois said: Also meant to add - this needs to be a lesson to everyone who works for a bank. DO NOT BANK WHERE YOU WORK. This is an example of employer oversight into your personal life and making assumptions that directly impact your livelihood. And it is not uncommon.

Work for American Airlines? Don't fly with them. I don't care how good the benefit is.
Work for AT&T? Get your cell plan elsewhere, unless you don't mind your employer reading your texts.
Same goes with any employer. Just remember that you are always being watched.

Absolutely. Let me add that you never use the Internet at work for personnel reasons. If a company wants to get rid of you, they will look at your Internet tracks first. I have seen heads lopped off and paraded on a pole through Cubeville for this.

Wait until you get home!

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Techman123 in Massachusetts

16 months ago

I was recently terminated from my job and the reason was write ups on customer service issues. I was someone who went directly to customers homes and setup electronics, and once in awhile you would get that demanding customer that wanted everything. When these issues were presented to me my boss did not care what I had to say, and the best part is there are two of us that go to the homes me and my partner,which when I asked for my boss to speak with him to get his side he responded it has nothing to do with him. My former boss had no experience in the customer service field his last job was manager at A.J wright warehouse distribution center. I asked him so boss if a customer called and said I tried to rape them are you going to believe them he said why would they lie, where I replied to get something for free it happens all the time.

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Need New Job in Chicago, Illinois

16 months ago

Techman123 in Massachusetts said: I was recently terminated from my job and the reason was write ups on customer service issues. I was someone who went directly to customers homes and setup electronics, and once in awhile you would get that demanding customer that wanted everything. When these issues were presented to me my boss did not care what I had to say, and the best part is there are two of us that go to the homes me and my partner,which when I asked for my boss to speak with him to get his side he responded it has nothing to do with him. My former boss had no experience in the customer service field his last job was manager at A.J wright warehouse distribution center. I asked him so boss if a customer called and said I tried to rape them are you going to believe them he said why would they lie, where I replied to get something for free it happens all the time.

That sucks, and I really feel for you. But I doubt a single company would have done it differently. They rather risk dumping you and than doing nothing, end up being wrong and having a massive lawsuit on their hands, not to mention the PR nightmare. They are playing the worst case scenario here.

I don't know if you have any recourse, but you should speak to an employment attorney to find out your options.

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Bluetea in Texas

16 months ago

Need New Job in Chicago, Illinois said: That sucks, and I really feel for you. But I doubt a single company would have done it differently. They rather risk dumping you and than doing nothing, end up being wrong and having a massive lawsuit on their hands, not to mention the PR nightmare. They are playing the worst case scenario here.

I don't know if you have any recourse, but you should speak to an employment attorney to find out your options.

In my experience, it sounds like this person would still be entitled to UE. UE will side with the company if there is a clear violation of stated policy.

As for a Wrongful Termination suit, again in my experience, its mostly Internet pablum. Most of them are settled on the court house steps for a few thousand bucks.

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Need New Job in Chicago, Illinois

16 months ago

Bluetea in Texas said: In my experience, it sounds like this person would still be entitled to UE. UE will side with the company if there is a clear violation of stated policy.

As for a Wrongful Termination suit, again in my experience, its mostly Internet pablum. Most of them are settled on the court house steps for a few thousand bucks.

I worked at a company that was so afraid of the pr of getting sued that just to threaten wrongful termination got a $50k settlement.

Meanwhile, they haven't given the majority of their workforce even a cost of living raise in 5 years.

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Bluetea in Texas

16 months ago

Need New Job in Chicago, Illinois said: I worked at a company that was so afraid of the pr of getting sued that just to threaten wrongful termination got a $50k settlement.

Meanwhile, they haven't given the majority of their workforce even a cost of living raise in 5 years.

They aren't afraid of the lawsuits. They are afraid of the media coverage. Most large companies put aside a sinking fund for the payouts.

Feed the rats so they won't eat your food.

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cdviolist@yahoo.com in Fort Collins, Colorado

13 months ago

My husband is working for retail store. They are requiring all employees to ask customers to make donations to the store's cause. He feels this is unethical and doesn't feel he can do it (religious beliefs) even though he will probably be fired over it. It was in the job description (term: fundraising duties). Can he collect unemployment if terminated?

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MattMaaannn

1 month ago

I was recently fired from my job for using a cell phone while on the production floor. The rule states that mobile phones must be used in break area only. If found using while on the floor diciplinary action will be taken. I was verbally warned once that I would receive a written warning if caught again. I never received a written warning and was walked off the job by a supervisor who stated someone had seen me using my phone earlier in the shift. Will I be able to collect unemployment for being fired for this? I live in Ohio...any feedback would be much appreciated. I actually have an unemployment case pending at this moment and am very curious if I will receive my benefits or not. Thanks

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Linda in Farmington, Michigan

1 month ago

MattMaaannn said: I was recently fired from my job for using a cell phone while on the production floor. The rule states that mobile phones must be used in break area only. If found using while on the floor diciplinary action will be taken. I was verbally warned once that I would receive a written warning if caught again. I never received a written warning and was walked off the job by a supervisor who stated someone had seen me using my phone earlier in the shift. Will I be able to collect unemployment for being fired for this? I live in Ohio...any feedback would be much appreciated. I actually have an unemployment case pending at this moment and am very curious if I will receive my benefits or not. Thanks

It totally depends on how they approach their side of the unemployment paperwork. Technically, you were terminated because of something you did. You violated their rules. However, unemployment rulings are really heavily favoring the employee, regardless of the reason (unless a felony was committed, or something like that). It's better for the overall economy for you to have SOME income, versus none at all. Then, you'd be a pull on the system. If you receive benefits, it comes from a 'pot' of already collected funds. Your employer isn't directly out the money (but some act like they are).

Companies have the right to reject your claim. If that happens, continue to pursue it on your end. Take it as far as you can go, including going to a hearing. It's time consuming, but if you are unemployed, you have the time.

Please note, I'm not a lawyer, nor is this legal advice. If you want to consult an attorney, please do so, I'd encourage it. Good luck to you!

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