MR

I just got off the phone with unemployment. Because of the circumstances of my layoff, it could take 6-8 weeks for them to render a decision. Which is BASICALLY verbage for I don't have a prayer...

In the meantime, I get no benefits. At least I have the money God sent me... I guess he knew. I was hoping though for all to work out in my favor....And to be able to use that money to pay off a credit card, and get ahead despite my situation.


I honestly wanted to work. I had an interview last week. Here is hoping it turns into a job this week, so I can tell the people at unemployment where to stick it.... Sorry, I know this isn't very Christ like of me. The light is suposed to shine through me, but right now I keep feeling like two little horns are trying to stick there way through my head.....

Come to find my unemployment has been classifed as a LEAVE OF Abscence. Making it seem like I walked off the job.... In th meantime, I applied for unemployment benefits.... Makes it look I up and up lied....

The company that just dismissed you may put up a stink and try and block you from getting it. If that happens, you will need to go see a judge to challenge it. If that happens, your former employer will have to convince the judge that you shouldn't get unemployment. However, most times the judge will side with you and you'll get the unemployment. Since they didn't have a term letter, I think that will work in your favor. If they had a term letter that outlined you as a bad employee, that would help them deny your unemployment benefits.

The Sushi Hunter wrote:The company that just dismissed you may put up a stink and try and block you from getting it. If that happens, you will need to go see a judge to challenge it. If that happens, your former employer will have to convince the judge that you shouldn't get unemployment. However, most times the judge will side with you and you'll get the unemployment. Since they didn't have a term letter, I think that will work in your favor. If they had a term letter that outlined you as a bad employee, that would help them deny your unemployment benefits.

I had previously emailed the DM who let me go asking for clarification for my records as to my termination on Friday, Jan 4th, as she had alluded to phone calls and texts from day before. She didn't say anything other than to contact HR.

I called back after my initial phone call this morning as I wanted to clarify what was said. The other person I spoke to said the code used could possibly be construed as a leave of abscence, but that it also is often times used for other reasons.... She then referred to payroll who said I wasn't classified as LEAVE OF ABSENCE, but she didn't have the information as to classification.

I hear ya. Dealing with unemployment sucks. At least you got in touch with them.
I can barely get on hold most of the time. Almost freakin impossible to
speak with someone.

Fingers crossed that you will find a new job soon. Will be saying pryers for you Scary, hang in it will happen.

This is why so many people are claiming disability these days. The numbers are through the roof.

The Sushi Hunter wrote:The company that just dismissed you may put up a stink and try and block you from getting it.

I would have to agree, I think your former employer is playing games with you unfortunately.

Doesn't pay to get a Bachelor's degree these days either.

I graduated in May with a degree in Meteorology, Ocean Science, and Earth Science and I'm still looking for a job. I've gotten exactly 1 interview since then in the field of work I graduated in. I can't even get hired at Target/Wal Mart/Best Buy. I'm not sure why, but I think because I'm over qualified for the jobs.

jestor92 wrote:Doesn't pay to get a Bachelor's degree these days either.

I graduated in May with a degree in Meteorology, Ocean Science, and Earth Science and I'm still looking for a job. I've gotten exactly 1 interview since then in the field of work I graduated in. I can't even get hired at Target/Wal Mart/Best Buy. I'm not sure why, but I think because I'm over qualified for the jobs.

There are probably not as many openings for such qualifications. In regards to Target/Wal Mart, Best Buy, that would probably depend on what position you've applied for. Store manager, maybe not, but cashier or sale rep, I don't know why they wouldn't hire you there.

Babyblue wrote:Fingers crossed that you will find a new job soon. Will be saying pryers for you Scary, hang in it will happen.

Thanks. I know it will. I am not going broke in the interum since I got that overpayment check the day after I was let go. I was just kind of hoping to use it to continue paying down my debt.

The other thing too, i have seen some state jobs I am qualified for, but with my last job as being FIRED I don't know what chance I would have... I would imagine this would come up on a background check.

The Sushi Hunter wrote:

jestor92 wrote:Doesn't pay to get a Bachelor's degree these days either.

I graduated in May with a degree in Meteorology, Ocean Science, and Earth Science and I'm still looking for a job. I've gotten exactly 1 interview since then in the field of work I graduated in. I can't even get hired at Target/Wal Mart/Best Buy. I'm not sure why, but I think because I'm over qualified for the jobs.

In regards to Target/Wal Mart, Best Buy, that would probably depend on what position you've applied for. Store manager, maybe not, but cashier or sale rep, I don't know why they wouldn't hire you there.

I think that reason for that is because it's right after Christmas. Leading up to Christmas, stores overspend on payroll and utility costs (mostly due to extending store hours) in an attempt to make a little extra $$$ in sales. Stores like that are now cutting seasonal positions and cutting hours of their permanent employees drastically to try and get back the extra money they spent on operating costs. January and February is the worst time of year to look for a job in the retail industry.

scarygirl wrote:

Babyblue wrote:Fingers crossed that you will find a new job soon. Will be saying pryers for you Scary, hang in it will happen.

Thanks. I know it will. I am not going broke in the interum since I got that overpayment check the day after I was let go. I was just kind of hoping to use it to continue paying down my debt.

The other thing too, i have seen some state jobs I am qualified for, but with my last job as being FIRED I don't know what chance I would have... I would imagine this would come up on a background check.

Apply for them anyway, being fired from your last job is by no means a disqualification. If they like your qualifications enough they will hire you, the outcome of your last job won't matter too much.

Yeah, definitely pursue it. If they don't give it to you, go to the next step in the process by meeting with a judge. 9 times out of 10 a judge will grant you the unemployment, but you have to take it to that step before you can get it. Having no termination letter issued only helps you in this situation.

A leave of Absence will usually be classified as a resignation on it's end date, not a termination or layoff. I can see why the EDD is giving you a hard time on that. Were you given you final check immediately, ie within 24 hours?

The Sushi Hunter wrote:Yeah, definitely pursue it. If they don't give it to you, go to the next step in the process by meeting with a judge. 9 times out of 10 a judge will grant you the unemployment, but you have to take it to that step before you can get it. Having no termination letter issued only helps you in this situation.

No, I plan on pursuing it. Keeping my fingers crossed I won't have to go there and be employed before that day comes.

Wishing you luck in your job search Scary!

Don wrote:A leave of Absence will usually be classified as a resignation on it's end date, not a termination or layoff. I can see why the EDD is giving you a hard time on that. Were you given you final check immediately, ie within 24 hours?

No. I am still waiting for my final check. It should be here tomorrow, and to answer your question. I was verbally fired. I went ahead and made my unemployment claim today. I tried majking it last week and was given wrong info by local unemployment office.

It was in calling to check the status of my final check that I was told that it was classifed as a lie of abscence. The lady in payroll told me no, it wasn't classifed as that, but she wouldn't give me any details either. The first lady I spoke with said something like, I probably shouldn't have told you that.

I was fired that is clear, but I was a bad fit for the job. It wasn't for lack of trying.

Marabelle wrote:Wishing you luck in your job search Scary!

Thanks Mara Sauce!!

Your very welcome ScarySpice!

ebake02 wrote:

scarygirl wrote:

Babyblue wrote:Fingers crossed that you will find a new job soon. Will be saying pryers for you Scary, hang in it will happen.

Thanks. I know it will. I am not going broke in the interum since I got that overpayment check the day after I was let go. I was just kind of hoping to use it to continue paying down my debt.

The other thing too, i have seen some state jobs I am qualified for, but with my last job as being FIRED I don't know what chance I would have... I would imagine this would come up on a background check.

Apply for them anyway, being fired from your last job is by no means a disqualification. If they like your qualifications enough they will hire you, the outcome of your last job won't matter too much.

Very well said. Go out & try anyway .

scarygirl wrote:

Babyblue wrote:Fingers crossed that you will find a new job soon. Will be saying pryers for you Scary, hang in it will happen.

Thanks. I know it will. I am not going broke in the interum since I got that overpayment check the day after I was let go. I was just kind of hoping to use it to continue paying down my debt.

The other thing too, i have seen some state jobs I am qualified for, but with my last job as being FIRED I don't know what chance I would have... I would imagine this would come up on a background check.[/quot


Anytime my friend.

The Sushi Hunter wrote:The company that just dismissed you may put up a stink and try and block you from getting it. If that happens, you will need to go see a judge to challenge it. If that happens, your former employer will have to convince the judge that you shouldn't get unemployment. However, most times the judge will side with you and you'll get the unemployment. Since they didn't have a term letter, I think that will work in your favor. If they had a term letter that outlined you as a bad employee, that would help them deny your unemployment benefits.

I have been through one of these. As an employer. The employer has a huge burden to prove that they are correct on withholding you from getting unemployment. Unless they have a significant amount of documented proof they don't have a prayer. We stopped doing this since from employer stance it was a waste of time.

Good lord, woman, get a J.O.B.!!

Sorry for your troubles. I hope they get sorted out soon.

I've seen employers just want to put the screws to someone that they don't like when they terminate them so their first reply to the EDD is to deny employment benefits to the ex-employee. But when the ex-employee brought it to the next level in front of a judge, they can't screw you over as easy, so they then have to prove why they don't want you to receive the benefits. In your case it doesn't look like the judge would side with them. I think you'll be awarded the benefits by the judge, unless your former employer has some documentation that you're not aware of or advising us about.

If you can't get the benefits, go to the judge and I'm sure the decision will rule in your favor, from what we've been told about your case anyways. And it's not all that long of a process to go before the judge. It can be handled during one or at most two visits. It's a very simple process. There is a judge in your area who does just this thing. It's not like you have to hire a lawyer and build a case over time. You just set it up and go. You can get the information at your local EDD office. Best to go into the EDD office instead of calling in I would suppose.

The Sushi Hunter wrote:I've seen employers just want to put the screws to someone that they don't like when they terminate them so their first reply to the EDD is to deny employment benefits to the ex-employee. But when the ex-employee brought it to the next level in front of a judge, they can't screw you over as easy, so they then have to prove why they don't want you to receive the benefits. In your case it doesn't look like the judge would side with them. I think you'll be awarded the benefits by the judge, unless your former employer has some documentation that you're not aware of or advising us about.

If you can't get the benefits, go to the judge and I'm sure the decision will rule in your favor, from what we've been told about your case anyways. And it's not all that long of a process to go before the judge. It can be handled during one or at most two visits. It's a very simple process. There is a judge in your area who does just this thing. It's not like you have to hire a lawyer and build a case over time. You just set it up and go. You can get the information at your local EDD office. Best to go into the EDD office instead of calling in I would suppose.

She's not here in labor friendly California where they are not allowed to let you walk out the door without your final check when you're fired (72 hours if you quite on your own). Different states, different rules. If she didn't have an exit interview, she's really gonna have to prove that she was fired and simply didn't walk off the job.

ebake02 wrote:

The Sushi Hunter wrote:

jestor92 wrote:Doesn't pay to get a Bachelor's degree these days either.

I graduated in May with a degree in Meteorology, Ocean Science, and Earth Science and I'm still looking for a job. I've gotten exactly 1 interview since then in the field of work I graduated in. I can't even get hired at Target/Wal Mart/Best Buy. I'm not sure why, but I think because I'm over qualified for the jobs.

In regards to Target/Wal Mart, Best Buy, that would probably depend on what position you've applied for. Store manager, maybe not, but cashier or sale rep, I don't know why they wouldn't hire you there.

I think that reason for that is because it's right after Christmas. Leading up to Christmas, stores overspend on payroll and utility costs (mostly due to extending store hours) in an attempt to make a little extra $$$ in sales. Stores like that are now cutting seasonal positions and cutting hours of their permanent employees drastically to try and get back the extra money they spent on operating costs. January and February is the worst time of year to look for a job in the retail industry.

Exactly! I said it before that I work for Walmart, they are also very well known for trying to deny people unemployment. My store is even trying to fire longtime employees, anything from attendance to "stealing time."

pinkfloyd1973 wrote:

ebake02 wrote:

The Sushi Hunter wrote:

jestor92 wrote:Doesn't pay to get a Bachelor's degree these days either.

I graduated in May with a degree in Meteorology, Ocean Science, and Earth Science and I'm still looking for a job. I've gotten exactly 1 interview since then in the field of work I graduated in. I can't even get hired at Target/Wal Mart/Best Buy. I'm not sure why, but I think because I'm over qualified for the jobs.

In regards to Target/Wal Mart, Best Buy, that would probably depend on what position you've applied for. Store manager, maybe not, but cashier or sale rep, I don't know why they wouldn't hire you there.

I think that reason for that is because it's right after Christmas. Leading up to Christmas, stores overspend on payroll and utility costs (mostly due to extending store hours) in an attempt to make a little extra $$$ in sales. Stores like that are now cutting seasonal positions and cutting hours of their permanent employees drastically to try and get back the extra money they spent on operating costs. January and February is the worst time of year to look for a job in the retail industry.

Exactly! I said it before that I work for Walmart, they are also very well known for trying to deny people unemployment. My store is even trying to fire longtime employees, anything from attendance to "stealing time."

I work for one of their competitors and my hours fell off a cliff after Christmas, I was consistently getting 35-40 hours per week all year but now they cut me down to 18-20. Their way of getting rid of people is to cut their hours down to 0 until they get fed up and quit.

ebake02 wrote:

pinkfloyd1973 wrote:

ebake02 wrote:

The Sushi Hunter wrote:

jestor92 wrote:Doesn't pay to get a Bachelor's degree these days either.

I graduated in May with a degree in Meteorology, Ocean Science, and Earth Science and I'm still looking for a job. I've gotten exactly 1 interview since then in the field of work I graduated in. I can't even get hired at Target/Wal Mart/Best Buy. I'm not sure why, but I think because I'm over qualified for the jobs.

In regards to Target/Wal Mart, Best Buy, that would probably depend on what position you've applied for. Store manager, maybe not, but cashier or sale rep, I don't know why they wouldn't hire you there.

I think that reason for that is because it's right after Christmas. Leading up to Christmas, stores overspend on payroll and utility costs (mostly due to extending store hours) in an attempt to make a little extra $$$ in sales. Stores like that are now cutting seasonal positions and cutting hours of their permanent employees drastically to try and get back the extra money they spent on operating costs. January and February is the worst time of year to look for a job in the retail industry.

Exactly! I said it before that I work for Walmart, they are also very well known for trying to deny people unemployment. My store is even trying to fire longtime employees, anything from attendance to "stealing time."

I work for one of their competitors and my hours fell off a cliff after Christmas, I was consistently getting 35-40 hours per week all year but now they cut me down to 18-20. Their way of getting rid of people is to cut their hours down to 0 until they get fed up and quit.

How "Corporate America" of them. You bust your ass to get them through the holidays and then they treat you like that.

Sorry scary girl for the heartache over unemployment issues. I will say a prayer that you can get a job soon. Seems jobs are scarce these days....especially in this economy.

I am sick of how the government spin it, the truth of the matter is we are suffering more and more from lack of employment in this country and I don't care what party you hang your hat with it is a problem for us all!

My son is living with us and cannot find work right now. He has been looking for months.

My brother in law got laid off from an accounting job and decided in order to stay afloat he and his wife started a new business. Of course the first few years will be lean for them even if they do well.

My son in law and daughter are moving away to go take care of their grandparents and to help him run his farm because they cannot find more than 20 hours at minimum wage for one of them!

It is tough out there, and I am so glad I went back just when I did, and how lucky I am to have gotten the good job that I did because there are art teacher students out there with school loans and no one is retiring, moving, or passed away. Teachers who are teaching are teaching longer because they are afraid their retirement will not be enough live on.