unemployment question for a friend

She can appeal try to appeal their decision. 

My old neighbor was let go from a job and when she tried to file for unemployment she was told that she could not receive it cause she was fired.  She appealed it and it worked out for her in the end.  Hopefully your friend saved that message and she can use that as proof against them!

Good luck to her!

Quote:

Originally Posted by aliadam 

I'm surprised they could fire her over the phone and not do any paperwork. When I fired people I always did it in person and they'd have to sign something. If they refused to sign, then I'd just write that they refused to sign. I'm not sure who she would appeal to if the place doesn't have an appeal process. Maybe someone else will be more help than me. Was there a copy of the letter they said they sent in the file she got to see?

Same here and if they refused, then that's what gets written on the signature line.  Very odd that there was no separation paperwork.

It does sound like a case of wrongful or unlawful termination and she should see a lawyer about it.  They will take her case for free, pending the outcome of the case.   They will expect payment when she wins her case, and probably nothing if she loses.   If its a good winable case, a lawyer will have no trouble  taking her case. I would advise her to look into it, and in the meantime, appeal the unemployment.
 

Something isn't adding up if they won't give her any termination paperwork.  Even when I was let go from my job several years ago, and it was 'over the phone' they send me my pink slip in the mail.

She should appeal.

1) You can't collect unemployment because you were fired is bull. It depends on the reasons for being fired obviously, but that blanket statement is completely false.

2) Any letter I've ever received from a lawyer comes certified mail and you have to sign for it. I can't imagine a lawyers office would send out sensitive materials willy nilly with no tracking or delivery confirmation associated with it. Maybe Ruthie will be able to dispute that statement, but I would imagine that if it were in fact sent that the lawyer and/or company has a cc record in their files.

3) If the company had a meeting with her for disciplinary reasons there would (should) be a record of that meeting in her files with her hr.

4) In an office (not retail or something), being fired generally means you are not to set foot back in the premesis. That part is pretty standard, and doesn't have anything to do with stealing or whatnot.

5) They very well could be looking to get rid of her to avoid having her on payroll/insurance for the surgery. It's more common than people probably realize, especially in small businesses, to be let go for that reason. Obviously you can't fire someone for that reason, it would be wrongful termination. However, you can fire them for some other reason, however trivial it may be. But a completely false reason? That's harder to do. If in fact the entire story is fabricated I think the company screwed themselves over with the "lawyer sent a letter over" part, that should have a paper trail, either in a copy of an actual letter, or payment for said letter to be drafted. If the company said "we met with her and explained this" that is harder to prove because they may not keep hr records that detailed, then you're just in a he said she said battle, which will generally go to the company.

So, if I were her I would appeal AND get a copy of the letter from the lawyer.

She should use the unemployment appeal.  A lot of cases are initially denied and approved during an appeal process.  Once she appeals there is a much greater burden of proof placed on the employer.