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Possibly Getting Fired, Have ???s About Unemployment

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habitatguy187

15+ Year Contributor
3,635
253
Aug 20, 2008
Indianapolis, Indiana
Well guys to make a long story short, I'm pretty sure my company wants to merge my position with the supervisor so that they have the payroll money to add to another position in the company.

But it doesn't end at just that, I think they're trying to get me to quit so that I won't get unemployment. I say this because the past two weeks they've been nit-picking everything I do and calling me out to prove myself time and time again, I messed up something small and they wrote me up, I showed up 2 minutes late and they wrote me up....

Anyway my job situation sucks right now, but I've been told that if they fire me due to write-ups then I can't collect un-employment because they "tried to help me fix my problem". Is this true? Am I seriously going to have to go above and beyond to walk the straight and narrow so that they don't have any dirt on me? If not I'd just as well be late 2 more times so that I get fired and get it over with (that's what they said would happen)

I'm just worried about not having a job and not being able to collect until I find another one. (applied at the post office today, they're hiring, and if that falls through I'm planning on getting my CDL)

I don't want to be a bum and live off the government, but I think you guys can understand where I'm coming from. Please give me your experience/knowledge on the situation. Thanks
 
Brad,

they are trying to scare you. Let them fire you and apply for unemployment and when they deny you then you have a right to file an appeal. Once you file your appeal they will ask why and then set up a phone interview with a 3 way call between you and your former employer. these people are not stupid and they will see between the lines and find the company is trying to screw an employee over.

Mine tried the same thing and it didn't work too well for them.
 
I say a lot depends on your past history with the company and previous performance appraisals. Although we all know they are pretty f_cking useless, it will stand to prove your previous history with the company.

If they write you up several times for petty things over a short period to try and get rid of you then that is gonna be obvious.

Knowing what you know now, I would walk a perfect line for a time to see how things pan out. Follow all the policies and procedures that they normally don't enforce. Check your attitude and show up to work with bells on. Beat them at their own game. I hate horseshit like this and you should make it hard for them to find any reason to legitimately fire you.

Alternately, you could seek some legal counsel if you feel it is warranted, or at least talk to the Employment Security Commission and find out the state rules for receiving unemployment. If you can talk to someone reasonable there and they believe you, you will have someone that knows your side of the story before they can tell theirs if you show up in a few weeks looking for unemployment.

I don't see anything wrong with living off the government while you look for a suitable replacement job. If your company wants to do this and you are in the situation thru no fault of your own, then that's what the system is there for. The problem is that the system is abused and taken advantage of like most every other established system in America meant to help people in need. F_cking lazy humans exploiting society so they don't have to work like the rest of us! Sorry for the rant, but I try not to think about this stuff too often cause it burns me up.
 
Thanks for all the responses guys, for the record I know that our company pays into an unemployment fund, and I've also worked there for over two years. As far as talking to my boss or someone at the employment security commission about it...

About 5 months ago our property manager got fired (I work apartments) and about a month and a half after that the maint. supervisor got fired, since I know the most about our contractor system and how bills are processed I picked up the slack, in the mean time I was falling behind on other stuff because I was doing extra work. (that's the majority of the stuff they're complaining about now)

We finally got a new manager and supervisor and I was still doing half their work (still am really) I had a meeting with my supervisor and the regional maint. super last week about stuff that was way behind because I was doing other stuff, and I got wrote up for it, even though they said "they understand that I was doing extra work but that's no excuse"

The new supervisor's a jerk, and there were never any problems before everyone got fired, there's a little more to the story and about my position exactly but I don't think everyone wants to read a book.
 
Document Document Document. Write a log of what you do every single day. If you do this religiously it is a legal document and can be used in court. You do not have to write everything down you did, just the highlights and things that seemed weird or out of place. Try asking what you can do to improve and write down the response. Like I said before Document Document Document.

-charlie
 
PIMKing mentioned unemployment appeals to you, but rest assured it is completely and utterly biased towards the company in Indiana. You remember when I got released and had to fight my employer for 3 months right? I had a lawyer and still managed to lose. You'd better believe they will fight you tooth and nail over unemployment, and you will not collect a red cent until the initial appeal is won by you. That took me over a month - that's a month without any money coming in. If you win that then lose the hearing before a judge, you have to pay back ALL of the unemployment funds you receive.

Do as Phunny mentioned above, document EVERYTHING. Document when you come to work, when you leave, what you do, and EXACTLY what you remember on each and every write-up. It will help you when you inevitably have to fight for unemployment. There is no worker protection in Indiana either - it is at-will so you have no legal recourse for wrongful termination. It sucks, I know. I'd have a very nice lawsuit on my hands if Indiana had better laws.

My advice to you is to make them fire you, despite you getting a fight on unemployment. Look for a job, anything, as quickly as you can. Food stamps take a month at least before you receive them, so will rent assistance. They outsourced both of those to IBM last year and it is a royal mess. Save every penny that you can - you'll need it. Just do not give them any reasons to fire you.

Good luck to you.
 
They have to pay un-employment insurance, regardless. If you draw, it won't matter to them either way. Unless they have a personal "vendetta" against you, you're fine. File your claim no matter what. The un-employment office can tell what is legit and what's not. And you can appeal, write a letter to your office explaining to them what's up......Oh that reminds me, I have to file tomorrow, cause my warehouse is closing tomorrow (U.S.Foodservice in Bloomington, IN)......Do your homework and you'll be fine, rest assured.
 
I was fired from Carmax for leaving a note on a customers 1g dsm asking if they want to sell it to call me. My boss said that i was soliciting the customer and competing with our company. After working there for seven years they fired me for that.
I tried to file for unemployment and they denied me!!
FML
I did end up buying another 1g 3months later anyway
<----------
 
They have to pay un-employment insurance, regardless. If you draw, it won't matter to them either way.

In Indiana, if they have reasonable cause to terminate you, they do not have to pay unemployment. Also, it matters a great deal to a company if someone draws unemployment insurance in Indiana - it is VERY expensive and counts against an employer everytime someone claims against them.
 
I was fired from Carmax for leaving a note on a customers 1g dsm asking if they want to sell it to call me. My boss said that i was soliciting the customer and competing with our company. After working there for seven years they fired me for that.
I tried to file for unemployment and they denied me!!
FML
I did end up buying another 1g 3months later anyway
<----------

OMG! Altho..... they will surely burn in hell for that!
 
In Indiana, if they have reasonable cause to terminate you, they do not have to pay unemployment. Also, it matters a great deal to a company if someone draws unemployment insurance in Indiana - it is VERY expensive and counts against an employer everytime someone claims against them.

Sorry for the mis-information I gave. I'm not savvy on the employer side. But I still say claim and appeal. What do you have to lose, but a stamp and some typing? My 2
 
OMG! Altho..... they will surely burn in hell for that!

I'm glad to hear you say this. Since then most of my friends there have lost their jobs over stupid things as Carmax tightens budgets, yet they continue to give out watches and big bonus checks and let the managers and successful salesmen drive around company cars. Back when i still gave a damn i offered tons of ideas on how they could save thousands of dollars. Atleast they used one of my ideas. Turning off at least half of the lights out side over night. I lived about a mile away and the sky would light up at night cause carmax left all of there lights on until and hour after sunrise. That place makes me vomit how much $ they throw away. Shortly before my friends and i were terminated, they spend $70,000.00 on painting the shop floor. Granted the shop had about 35-40 bays, but 70 Grand!!! wow that would pay my salary for about two years there. But no leaving a note on a car is definitely a reason to fire a seven year loyal employee. Thanks for listening.
 
What's the update habitatguy?

I had to live off unemployment for 2 months before I found a job, it sucks because you don't receive as much money as you would make working so you have to live on a tight budget and on top of that it's boring as sh*t not working! Some people would think not having to work is paradise but it's actually really boring when your friends are at work and your stuck at home with limited funds and way too much free time.
 
You don't get unemployment if you get fired. If you get laid off- that's different.
 
You don't get unemployment if you get fired. If you get laid off- that's different.

This is not totally true, if the department of labor finds your termination unreasonable then you are still eligible for unemployment... of course don't expect the company you were fired from to not fight this.
 
I worked for the department of labor. It's not that simple.
 
Actually it is that simple if you know the right steps to take.

Not to hijack his thread, but anyone ever think about why we're losing our jobs?

-charlie

Well I'm not one of those people that blames everything on the economy, some people lose their job simply because they lack determination and self motivation, but obviously it is having an effect on job availabilities and career opportunities to some degree. The company I was laid off from (worked there for over 4 years) is not doing to great from what I hear, they keep losing business.. My friend who still works there says he sees the company going under in two years or so.
 
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