Announcement

Collapse
No announcement yet.

Complicated Unemployment Question New York

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Complicated Unemployment Question New York

    I'd been at my last job for about 6 1/2 years. I'd had great reviews the whole time. Then at the end of April, myself and several other people suddenly got a written warning from my boss stating all sorts of bad stuff. Essentially, poor performance and attitude. I was fairly high level, and another guy at my level got written up as well (we compared notes, and his writeup was almost exactly the same. Just a "Save As" and a couple changes).

    Essentially, my boss got in some trouble and was trying to push the heat onto everybody else. he was also pushing several people out. For myself, he had actually just given me some large responsibility on top of all the stuff I was already doing, and yet he was saying I was a bad employee?

    Yeah. So, I told him that we either had to come to a mutual separation agreement, or I'd take his warning and my 6 1/2 years of email and go to the parent company's HR and talk about the whole situation. He opted for the mutual separation.

    So, I got 2 months severance. I signed an agreement which says in section #1 that I "voluntarily resigned". That pretty much wraps it up with regards to unemployment claims I would assume. However, a close family member is a CPA and for some reason thinks I should pursue this. Before I spend a few hours down at one of the "Employment Service Locations" to discuss the issue, I figured I'd run it by here first. Any thoughts?

    Thanks in advance.

  • #2
    Have you already applied for UI benefits and been denied?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      No. I guess that was part of the question. What is the process? Apply, then they contact my old employer? Should I just give it a shot and see what happens?

      I mean, technically I resigned, and I'm pretty sure my old employer will say that given what was in the agreement. From my perspective, however, I was given a clear message from my boss that it was time to go. You know? He was just trying to position himself to remove everybody (and make way for his own consulting people. Yeah, it was a great experience .

      Comment


      • #4
        It can't hurt to apply. The worst that will happen is that you will be denied.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

        Comment


        • #5
          I don't think you have any reasonable argument other than that you resigned. It was your perception that the writing was on the wall, but it does not sound like you were given any sort of ultimatum of quit or be fired. Or am I wrong?

          However, contrary to popular opinion, a voluntary separation does not preclude one from being determined eligible to collect unemployment. Rather, the burden just shifts to you to demonstrate that you quit with good cause attributable to the employer. In other words, you must be able to prove that you were left with no alternative but to quit because the position was made untenable.

          Based on what you have posted, I think you have an uphill battle, but that does not mean there is no chance. In fact, it sounds as if the supervisor would not want to testify under oath at hearing, which may increase the chances of getting a favorable decision.

          Comment


          • #6
            Thanks for the input. I kind of figured that I might be able to work it out, but in all reality, it would be difficult. The situation was not really "untenable". I mean, I could just signed the warning and kept working, which is what a good portion of the people who were written up did. Its not like they were seriously harrassing me. It was just clearly unfair, a dead end, and we were most likely going to be exited after a few months went by. They just wanted to make things look as if the current employees were sub-par.

            But "unfair" and "untenable" aren't the same thing.

            Not that I don't want the money, but if I've got to get into a battle over it, I think I'll pass. I've had to battle for the severance and whatnot for the past few months already.

            I mean, as part of the agreement I had to sign there was a part stating I wouldn't attempt to sue the company, etc., which is not something one does unless they're maybe somewhat concerned about the situation. It was shady all around, but I guess these things happen.

            Under the "might as well give it a shot" plan, I guess I don't understand the process. An employer pays the state for each employee's unemployment insurance? Are they fined or are their rates increased as more of their former employees file for unemployment? Who rejects a claim? What's the process? Any good link for that? I've been digging around and have found shockingly little info, considering the internet generally has more info than one would want.

            Thanks again

            Comment


            • #7
              Here's a link to NY Unemployment: http://www.labor.state.ny.us/ui/ui_index.shtm.

              All the information is there about the process and what to expect.

              Comment


              • #8
                When UI benefits are awarded, the "base period employer" gets "charged" with the claim. The higher the ratio of claims paid out chargeable to the employer to the taxes paid by that employer, the higher the employer's rate goes. That needn't be any concern of yours, though.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                Comment


                • #9
                  Originally posted by mrjsmith
                  I mean, as part of the agreement I had to sign there was a part stating I wouldn't attempt to sue the company, etc., which is not something one does unless they're maybe somewhat concerned about the situation. It was shady all around, but I guess these things happen.
                  Actually, this is fairly standard and hardly amounts to an admission of wrongdoing. There is little incentive for an employer to pay someone once they have stopped working for them. Severance isn't required, so often when companies do agree to offer it, they require a release of claims. Even those later claims without merit take time and money to defend so it is sometimes worth it to know that won't be an issue going forward by offering the agreement and severance.

                  As the others have said, UC is determined by the state, not your employer. You file, giving your reason for separation. UC sends a form to your employer to verify that you worked there, for how long and the reason you left. If the two match and you left for a reason that doesn't qualify you for benefits, benefits are awarded. If they do not match, or the reason given is a reason that does not qualify you for benefits, then your claim is denied. Either side may appeal if they feel benefits either were awarded improperly or denied improperly. From there each state has a slightly different way of handling the appeal. Most have a fact finding hearing of some sort. Rarely does it result in actual legal action.

                  The more claims awarded, the higher the rate the employer has to pay for UC. So while the employer isn't paying the benefits directly, they do have a very distinct interest in who is awarded UC and who is not. They are not likely to just allow someone to collect who does not qualify.
                  I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                  Comment

                  Working...
                  X