redditaccount624 OP t1_it3qq05 wrote
Reply to comment by GlitteringWing2112 in Unemployment form is forcing choice between "Voluntarily Quit" and "Leave of Absence" despite being fired? Won't this deny unemployment? by redditaccount624
They were fired for unjust reasons (in my opinion). They were fired at will but initially it was for insubordination, but when they asked for an official email stating the reason for termination the employer switched to "terminated as an at will employee" because they were not insubordinate.
The reason for the firing:
They gave their two weeks notice due to mistreatment (half of which was paid vacation which was approved months in advance) and then the employer said they would not be approving the vacation because the company was short-staffed (despite already approving it). They were then expressing this frustration to their boss and how they were treated badly and that's why they were leaving in the first place. They then received a text back informing them of now being fired for insubordination.
JJStray t1_it4buof wrote
Tell them to save the text for the hearing. Employer will say they quit. Friend will say fired.
There will be a “hearing” and the evidence your friend should need is the text saying they were fired.
The arbitrator will make a decision.
The employer did them a huge favor by sending the text.
It would be on your friend to prove he had to quit for a just cause and that isn’t as easy as people think…
yeags86 t1_it4i13l wrote
If I you already made your intention of leaving clear, the employer can tell you to leave immediately. They would still need to pay for those two weeks though.
Honestly, it’s probably not worth pursuing for two weeks pay that’ll be eaten up by a lawyer that probably can’t do anything. Hopefully they have a new job lined up.
[deleted] t1_it4dsw6 wrote
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Lostscribe007 t1_it4jdw2 wrote
That's going to be a fight. They can claim firing and go ahead and sign up for unemployment. Likely the company is going to dispute that and at that point the unemployment will continue until there is a hearing between the claimant and a rep from the company. Then someone at unemployment will make a determination and usually that ruling can also be disputed by either party. This goes on until the claimant gives up or wins the final ruling. Also note that if the claimant gets unemployment funds and then loses the final ruling or stops fighting they have to pay those funds back. You can set up a payment plan to pay it back and it doesn't accrue interest. Yes, all of this happened to me in my 20s.
Dredly t1_it42kao wrote
They gave 2 weeks notice... they Quit.
ScottEATF t1_it4ejee wrote
You can still collect unemployment if fired in your two weeks.
Dredly t1_it4q6nv wrote
They can try but would absolutely get fought as they advised they were quitting. Then refused to show up when asked.
No idea why this person is trying to collect if they literally gave notice lol Like what were they doing in a 2 weeks?
yeags86 t1_it4i92b wrote
Pretty sure the company has to pay those last two weeks if they choose to show you the door upon giving your notice.
[deleted] t1_it4lcar wrote
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[deleted] t1_it3v14i wrote
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