hello every1, i'm very new to this.
i'm a hairstylist that's been giving free haircuts to family and friends because my old boss said i could. my new assistant manager suspended me, then fired upon my return w/o warnings after she'd seen that i didn't charged them. they made me sign a write-up before i left stating that i violated rules. i've been working for about 2 years w/ the co. am thinking that it was so wrong. can anyone please tell me what my options are? never applied for unemployement bfor. i live in Illinois by the way.
thanx
scott
2006-07-13 03:35:28 · 13 answers · asked by David 1 in Business & Finance ➔ Careers & Employment
No matter if you quit or get fired, you must qualify for UN. Every state has their guidelines, but suffice it to say they are all pretty much the same.
A few questions for you...
Were you fired before or AFTER the write up? Regardless of the write up, were you EVER INFORMED PERSONALLY, BY A POSTING ON THE BULLITIN BOARD, OR ANY OTHER WAY that free haircuts were no longer allowed?
Some states have what is called 'right to work" laws, Essentially it means that while you, the employee can leave anytime you choose, equally the employer can fire you anytime they choose. In these states, also known as "at will", all they have to say is, "your services are no longer needed", regardless of ANY REASON YOU MAY THINK, OR EVEN WHAT THEY MAY SAY TO YOU... I bring this to your attention, because, if you do file for UN and they dispute it, they will be required to submit their reasons for your termination. Given that your state is an at will, all they have to say is, "no longer needed". This is good for you, for then you probably will get UN. However, if they do not want to give you UN they will most likely say that your violations of company SOP, or rules that ANY OTHER SIMILAR BUSINESS MAY FOLLOW WAS UNACCEPTABLE. In which case, you would then be denied UN but will be given an opportunity to appeal. If you choose to appeal, you will be in either arbitration, or in front of claims officers and judges that will hear both sides and then make a determination.
For whatever it is worth... Most people who are fired, unless for "gross misconduct" get UN..
Good luck...
2006-07-14 12:48:03 · answer #1 · answered by jv1104 3 · 1⤊ 0⤋
Something does not make sense here. Why would you sign a write up saying you were in the wrong if you knew you were getting canned? You shouldn't have signed it. Did they pay you off - is that why you did this? Or is it that they had you sign it out of fear or intimidation?
You must prove that you were allowed to give family and friends free hair cuts. Can you get your former manager to speak on your behalf? A letter could do it. Ask.
By all means file your claim. Since it is a termination there will be a hearing. Try and make the hearing in person vs written or over the phone. A lot of times an employer will not even show up to a hearing and that would mean that you would win by default. You must do the best you can to demonstrate that you were allowed to not charge family and friends, that you always acted in good faith. You must give a good explanation for why you decided to sign something like that which will work against you.
If you don't win the hearing - by all means file an appeal.
Hearings and appeals all take time. Try and get something in the mean time. I hope you have savings. If you make money, be sure and claim it every week on unemployment.
Contact your labor department. Ask about filing complaints on employers. If they believe you have a legitamate case they will direct you to the proper channel.
I wish you the best of luck.
2006-07-13 10:49:28 · answer #2 · answered by Think.for.your.self 7 · 0⤊ 0⤋
First off when the old boss is gone his/her rules is gone to. If your old boss said everyone can take 12 dollars out of the cash register every day that dosen't mean your new boss will say the same unless it is company policy. When a new boss comes in it is normally important to forget any of the unwriten rules that you form with the old management and go by the book until you get the feel of what she or he will allow and not allow you to do. I don't know the full details however stating. They wrote you up before that should of been a wakeup call. Generally when you have been fired from a job you can't really get unemployment. This is becuase the fire was within your contorl. Unless youve' been laid off etc....
2006-07-13 10:43:01 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Well, as it appears that you have admitted to wrongdoing, you probably won't get unemployment. Signing that statement certainly doesn't help your case.
Giving away products and services to friends and family is theft, pure and simple. Just because a previous employer allowed you to do so doesn't mean that another one would. This is simple common sense; how you could assume that this was permitted without even asking first simply boggles the mind!
You weren't terminated wrongfully! You were terminated for theft and violating company rules. If you worked for me, I would have kicked you to the curb as well. And I'd fight any unemployment claim that you filed, just as your former employer is certain to do in your case.
2006-07-13 10:41:21 · answer #4 · answered by Bostonian In MO 7 · 0⤊ 0⤋
I think the first thing you should've done was ask your new boss about any changes that they would be making and if you could still give the free haircuts to your family and friends because your old manager use to let you. Some bosses do not allow things that previous bosses did. It sucks that you got terminated.
2006-07-13 10:47:50 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Go to your unemployment office, and file a claim. When you tell them that you were wrongfully terminated, they will schedule a hearing to review your circumstances and decide if you are eligible for benefits. I've been there and done it! I won and benefits were retroactive. Be patient, this could take awhile.
2006-07-13 10:46:19 · answer #6 · answered by Anonymous · 0⤊ 0⤋
You should be able to file for unemployment. I believe you hurt your chances of any legal action for wrongful termination when you signed that statement unless you did it under duress (were not allowed to leave unless you signed.) Go to the unemployment office and file.
2006-07-13 10:39:48 · answer #7 · answered by extra_37 4 · 0⤊ 0⤋
You have everyright to file for unemployment. Just go to the nearest unemployement agency in your area and explain the situation to them and they should help you from there.
2006-07-13 10:42:09 · answer #8 · answered by blake_juanita 1 · 0⤊ 0⤋
I believe if You were fired You can apply for unemployment
2006-07-13 10:40:29 · answer #9 · answered by Catnipgirl 3 · 0⤊ 0⤋
You go to your county unemployment office. Look in your phone book.
2006-07-13 10:39:39 · answer #10 · answered by Sir J 7 · 0⤊ 0⤋