No longer employed!

I represent employers in unemployment insurance appeals all over the U.S. (including New Mexico). If you need any help preparing for an appeal, please feel free to e-mail me. UI law can be a little tricky and it wouldn't hurt to have a little help going in.

new mexican - re-reading your original post i get the impression that communication between you and the boss was little or none - if this is the case, and if it is repeated in future endeavors, your chances for satisfying employment are seriously hindered - speak up!

Ask the local unemployment office about the benefits, b/c in Indiana, I know under certian circumstances you can get it if you were fired or quit. they can also help you find a job either way. When I was let go from the bank(we got bought), I got a severence, and I also got unemployment. The rule is, that you can't have your benefits until after your severence runs out. So even tho I got it in one lump sum i couldn't apply for 10 weeks. But I did apply, and I did get it. check the laws in your state. And i was told by a former employer that giving a bad reference was illegal. Your former employer can comment on your abilities, your work history and the like, but anything personal was a big no-no. I had overheard a conversation where another boss was trying his very best to give a bad reference...said employee was in college and very active in the community and also in school. All the prospective employer wanted to know was about her abilities, not that he took it personal that she was not a career cashier for the hardware store. The conversation ended with him rattling off about tardiness, absenteeism, her ability to work with the public, work well unsupervised, etc. She didnt have a 'bad' reference , the boss just had a bad attitude.

New Mexican,

Much as it pains me to say it --- if I am reading the following correctly ...

... Two weeks ago, due to anxiety attacks, you decided to take a break from work. It is not clear if you arranged this with your former boss. You contacted your former boss to see if you can arrange things on your terms - in particular, you were hoping he would fire his own daughter. He never called back.

Am I reading this correctly?

If I am reading it correctly and if you did not make arrangements in advance to take that time off, in essence, you DID quit.

I have worked as a manager before and, when people did not show up for work without prior notification, they were replaced immediately. It's pretty much a standard way of doing business everywhere.

I don't think it is illegal in this state to pass on a bad reference, but most companies won't do it because of the risk of being sued. Most companies will simply acknowledge that so and so worked here for these dates, confirming employment and nothing else.

He told me to take the "rest of the week off". However, since he never called me back.....I took it that as he did not WANT me back. Probably thought I was a "threat" to them after they put so much extra work on me and led me to feel that I was inefficient. Plus, the fact that they did not carry Work. Comp. too. If they have/had an employee that was physically ill from stress, they'd be in trouble.

Brow-beating does not work with me. I made an effort to call and he refused to return the call. As a manager, I would assume you would be responsible for working with the employee as far as HR situations. Since the HR was the boss, I felt he should've, at least, had the courtesy of returning my call.

On the other hand, they had poor people skills to begin with. And I know I am disposable. Anyway, dh says he'll deny my unempl. application,he's sure of it, so I'm gonna forget about it and get on with life. There IS life after being subjugated. Like I said, abusive relationship at it's best.

Your employer is not the one to deny you unemployment. They can dispute it, but not deny it. I've had several friends in situations similar to this and unemployment has several options: they can deny it totally, they can grant it totally, or they can grant partial unemployment benefits. Both sides have the right to state their cases, and basically, the most organized side has the edge.

I would act as if I never got the e-mail (how tacky) from the daughter. Plus, she's not your boss, so you wouldn't resign to her, and she can't fire you.
Then bold as brass I'd make sure Daddy was at the building and I'd walk in and talk to him about things that need to be changed. May-be spoiled-brat daughter got your e-mail and didn't show it to Daddy?

What do you have to lose anyway? Unless you could care less about the job. Then I'd still go in bold as brass to confront/talk to the Daddy. I mean your sweat is in that business. I think a few last words is the least you are due!

CarolinaBound!

www.watkinsonline.com/bennett

Okay, that makes more sense. But, I'm still a bit unclear beyond that --- do you mean he never called to respond to your message about what could maybe change, or do you mean you were expecting to hear from him to tell you when to return to work?

But there's other issues here. Your former boss was only telling the truth when he noted what can change and what can not change. Here's another way of looking at it: I teach right now. I have to structure my classes in such a way that the majority of students benefit from my courses. And, in fact, a week or so ago, I was dealing with a student who found the terms of my class intolerable and so she demanded I change those terms so that she might be happier. My response to her: drop the class and enroll in one which is more suited for you.

It's the same with jobs. ANY job. No matter how high up you may go, no matter if you're a manager or owner or employee. Compromise is key, but also understanding every job and every situation has its limitations.

That really is the best way to think about it. It's good to vent, it's natural to be angry, but it really does sound to me like you played some part in what's gone on. Which is fine --- that's natural, too.

And it also sounds like you'd be happier not working there and better off working somewhere else. So, yes, vent. That can be good for you, too. But learn from this and move on to something much, much better for you.

New Mexican did you read what vonettrich said?I would see if they could help before I gave up on unemployment.

Yes, I pm'd her but have not heard back as yet!..
Thanks for the heads up!

New Mexican -- at this stage of the game I'm sure the last thing you need is people pointing out what they feel where errors on your part, hopefully my advise will not be taken as one of those.

As you are without employment at this time, you have nothing to lose by filing for unemployment benifits; if your now former employer chooses to fight your claim, you also have nothing to loose if you have a hearing so that both sides can be heard by the people who actually decide if you are eligible or not. The advise to document all that has transpired in writing is good advise - have that and any medical diagnosis and/or expense with you when you attend the hearing.
I'm almost willing to bet that anyone who hasn't had workmen compensation available probably also hasn't been paying for unemployment either -- they are probably extremely worried that you will file for unemployment and they will be found out. Now is not the time to prove your loyality to an employer who planning did not treat you fairly.

Now, hopefully, you will forgive me for using your posts as an example in what not to do when you are having work related problems. Always discuss work related problems in person, face to face with your immediate supervisor, or his/her immediate supervisor if he/she is the problem. Never ever use e-mail for this tasks, and unless you are physically unable to get to your work place never ever do it over the phone. And never ever forget that "blood is thicker then water" -- never ever attempt to force an employer to pick and choose between you and a family member. Use whatever opportunity for said employer to learn on their own about their family members but be discreet.

Best of luck to you New Mexician -- in the not too distant future you will know that losing that job for whatever reasons was a blessing...you will soon be wonder what were you thinking to have stuck it out as long as you did.

Marlene

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It is the one with persistence and determination that brings great ideas into being.