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I was called into my bosses office, said i would not improve my skills in alloted amount of time, given option of resignation, i left feeling i'd been terminated. i've been emotionally confused and depressed every sence. i've been intimidated, and harassed by a co-worker for 2 years, and told by my supervisor that higher up's will side with co-worker. i also have a medical condition and feel this is why they have gotten rid of me. now they have denied my unemployment, i have an appeal with the appeals board because my former employer said i abandoned my job for not calling or showing up, i did send a certif. letter to head of personnel stating i did not quit. i am so worried that i will not win this appeal. i did not quit, i really thought i was fired! does anyone think i have a chance of winning this appeal?

2006-07-09 11:43:56 · 7 answers · asked by sad 1 in Politics & Government Law & Ethics

im 53 yrs old, i was put on what they call a corrective action plan. the new boss was VERY intimidating as he spoke to me an i had no reason to believe i was wanted back the next day. i do have a fibromyalgia condition an they were finding fault with everything i did wrong. my skills were no different then my other co-workers. i've been emotionally upset over all this and went to see a doctor for this. i sent a letter to the head of personnel telling him i have not quit no do i want to resigned, he in turn sent me a form to fill out called an exit interview. i filed for unemployment and keep getting denied. unemployment also denied me because my former employer paid me what they feel was my final pay. they still owe me what is called eiab they have not paid me and i will probly never see.

2006-07-09 12:08:51 · update #1

when he gave me the option, i teared up,shoke my head and said "i guess you have to do what you feel you have to do" and then i walked out of his office and gathered my belonging. I went home and told my other half i'd been let go, the next day i wrote the letter to personnel and sent it certified

2006-07-09 12:14:25 · update #2

i called my former employer to find out what my termination date was. Paperwork to the appeals board states they fired me for job abandonment and also states i quit. i never signed anything nor told anyone i quit. i told personnel i wanted to remain employed. if not in the same dept. then hopefully elsewhere in the company.

2006-07-09 12:18:21 · update #3

thank you all for your imput. you've been most helpful. i wish the had said "i need to improve" but that is not the case, He said "you will not improve". Thank you

2006-07-09 12:30:33 · update #4

Oh, by the way, my appeal with the appeal board is this monday. wish me luck.

2006-07-09 12:32:07 · update #5

7 answers

Whether you do or not you will receive unemplyment after six weeks of unemployment even if they disallow it at first. It is required that they pay it after six weeks of unemployment. Just keep filing or go out and find oyurself a new job. There are a bunch of jobs out there.

2006-07-09 11:49:21 · answer #1 · answered by rhutson 4 · 0 0

Forget about the co-worker, med condtion for one sec, the decesion of whether you will get umeployment will come down to the facts of that last day

1st what was said after the option of resignation? did you say anthing else, said ok, left without saying anyhting? did you sign anything? when did you send the letter to HR? after deneid unemployment? did at that final meeting with the boss he/she tell you that you where fired?

2nd: how long after that final day did you apply for unemployment? did you ever get a letter from the company saying you where fired, or even that they have coded you as a no call no show, or resigned? anything in writting from them?
after that day did you ever contact them again untill the sending the letter? like calling the next day to ensure you where fired?

3rd: this is going to come down as a he said she said unless you made wrong comments in the letter. Either they are going to claim you resigned on that day, but unless you signed something, wrote something its only verbal, the other maybe since you did not return to work the next day and next day you where coded as a no call no show thus volunatry quit.

Your best is to say you where fired but they will say the boss can't fire you it has to come from HR or that he/she did not fire you just told you to improve, your best bet is for them to admitt you had counsling, that if you did not improve you where going to be fired, your boss had given you chances in past still no improvement and does not think you will improve, thus maybe getting a firing making you elliable for employment

2006-07-09 12:03:45 · answer #2 · answered by goz1111 7 · 0 0

Wow. I am gonna be mean....stop looking for a hand out...stop making excuses for yourself....stop blaming others...Everyone I have ever met with the Fibromyalgia thing thinks the world is out to get them...it might be a symptom of the disease...The facts are you have no job, no income and really no shot at winning your lawsuit...Get back on the horse and find a job...then take responsibility for your actions...please, you will like yourself better in the morning.

2006-07-22 15:21:22 · answer #3 · answered by yellow sub 1 · 0 0

I think, in most states, you have to be employed INSIDE 6 months consecutively.
Like from April 25, to September 5, in order to get Unemployment.
I'm not a lawyer, so don't take my word for it. just how it happened with me...

2006-07-20 03:02:40 · answer #4 · answered by thewordofgodisjesus 5 · 0 0

ok, you were given an option to resign, ( but were you told you were fired) where you told to leave, or told not to come back.

If not why did not leave work or not come back the next day.

If they did not tell you that you were fired,and you did not go back into work, what did you do??

2006-07-09 11:48:06 · answer #5 · answered by Anonymous · 0 0

I hear Mc Donald's is hiring.

2006-07-19 16:34:30 · answer #6 · answered by jim galaxy 1 · 0 0

Depends on how hard you work and what do you work for

2006-07-09 11:56:47 · answer #7 · answered by Anonymous · 0 0

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