unemployment?

Question

I had no daycare my six week maternity leave was up after having my daughter, so I had missed several days of work. My boss had one of the girls from the office call and tell me I was fired. I tried calling him to confirm and he would not answer. When I filed for unemployment he denied my claim and said he never fired me. I tried having the girl go before the unemployment committee to verify this, but she didn't want to loose her job over it. I still have not returned to work due to no daycare and he still has not called me personally to fire me, yet has told numerous people that I was terminated. How do I file unemployment?

Answer 1

First of all, your employer did not deny your claim for benefits. Employers pay for unemployment benefits but they are administered by the Department of Labor. Under the law, you were not fired from your employment. You voluntarily left as your immediate reason for separation from employment was due to your maternity leave. The law requires that you return to work at the end of your maternity leave and your reasons for not returning to work were personal in nature, ie: lack of daycare. Unfortunately, in most states, you would not be eligible for benefits, regardless of whether the coworker testified or not. Check on the disqualification period in your decision. Some states disqualify you from benefits only for a certain period of time, while others deny you until you have worked and earned a certain amount of money in employment by an employer. You will need to satisfy these requirements in order to requalify for benefits. Unfortunately, it appears that to further appeal this would be a waste of your time and efforts. Unemployment is an entitlement program and not general financial assistance and therefore your reasons for separation must be reasons that are attributable to the employment or reasons that are defined under state or federal statute. Lack of child care is considered a personal reason unless your employer has provided child care for you in the past as a condition of your employment.

Sorry and good luck!

Answer 2

You need to be contacting your state government. It seems that you have been denied unemployment and your appeal didn't work out because you didn't have sufficient evidence. I think technically, your boss could use the defense that you quit because you did not report. Sort of like a no call/no show. Remember, there is nothing in writing which also makes it more tricky for you. Unfortunately, I think you may have exhausted all of your options. It is very hard to get things overturned at the appeals level with most government agencies. If you want to pursue the matter, you may be able to contact your local bar association or legal aid for advice.

Answer 3

Sounds like you need to go to your bass with a hidden tape recorder and a few credible witnesses

Get him to say he didnt fire you on tape - take that to the bank.....

Screw him as hard as he is trying to screw you.

Any real boss would give you time to recoup and get a sitter together - sounds like this guy needs some help !

Good Luck - keep your head up

Answer 4

Go to your enemployment office and outline the situation. Ask them if you need an attorney. If you run into a problem call your state ombudsman and ask for assistance.