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Employer lied to UC to prevent benefits!!!!!

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  • Employer lied to UC to prevent benefits!!!!!

    I was separated from my employer on 3/17/06. My manager and myself had a discussion regarding a discussion I had with a co-worker that they allegedly caused clients to become upset (i was never shown any documents of complaints from any clients, i had my own client during the time frame they state this all occurred and she was more than pleased with her services). My manager was yelling at me, even slammed her hand down on her desk at me, she said we would talk at the end of the day and i wouldnt like it, i told her i was leaving. I gathered my things. Before I left (which was ony for the day) I went back to her office to talk to her, she asked if I was leaving, I told her "i dont know, youre telling me things arent working out, im not gonna wait til the end of the day to get fired". She cut me off and said "if youre that impatient you cant wait til the end of the day then get out, go now.
    Well, i applied for UC benefits the same day, online as soon as I got home. My claim was denied, my manager told UC I gathered my things and walked out.
    Yesterday four weeks after my separation I received two letters from them, one contained info for continuing my insurance coverage through Cobra which should have been sent within days of my termination, and another which is the writeup my manager sent to the human resources department stating "yvonette is terminated effective immediately" in her memo!
    Is there any legal recourse I can take for the company lying to stop me from receiving benefits? I have filed an appeal, i called UC and they said to bring the letter with me to the appeal, but there has to be more that I can do.
    PLEASE HELP

  • #2
    No, there is no action you can take. You're the one who gathered your things and walked out. You're the one who said you weren't waiting till the end of the day to be fired. They can't read your mind to know that you only intended to leave for the day.

    Termination means you are no longer working for them. It is not a synonym for fired. There are voluntary and involuntary terminations. You quit; that's a voluntary termination. It is not a lie to say you were terminated; you were voluntarily terminated.

    They are NOT required by law to give you your COBRA information on your last day. Under the law they have up to 44 days after the last day of your coverage to provide it.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      I understand what youre saying. But before I left, i went to see her in her office. She asked was I leaving, I told her I didnt know, she told me to get out. I didnt leave and say I quit! As long as I was in that building and never said the words I quit, I was still an employee. When she told me to get out, she fired me.
      The cobra info was not sent to me until 4/24 my last day was 3/17

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      • #4
        You didn't have to say the words "I quit". The supervisor obviously interpreted your words as "I quit" and, to be frank, I would have also.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          There were several times people got pissed and just left without saying anything to her at all and they still have a job. If she hadnt told me to get out, i wouldnt have left. AND in my department we take our tools home at the end of every day. It wasnt any different for me to get my things.

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          • #6
            The COBRA information was sent to you well within the limits allowed by law.

            I cannot see how your words or your actions indicated anything except that you were quitting. As Patty says, it is not required that you actually use the words, I quit. You are NOT still an employee until you actually say those two words. I do not agree that you were fired.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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            • #7
              The company had to extend my benefits until the end of this month because they actually expired the end of march, but since they never sent me anything until i called and asked for it, they had to extend it, or did they do that out of the kindness of their hearts?
              When a manager tells you to get out, they fired you.

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              • #8
                Oh, and there is a section on the employee warning letter they sent that asks the violation, quit is one of reasons as well as dismissal, dismissal was selected, not quit.

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                • #9
                  Excuse me, but when an employee says "I'm not waiting until the end of the day to get fired," the employee has quit.

                  So, guess it just depends on which side of the fence you're on. So, are you appealing the decision?
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                  • #10
                    Of course. If I quit, i would have just walked right out the building. That wasnt what happened though, I went back to her office to talk to her because I didnt want to just walk out. I never signed anything that says I just walked out. They never sent me anything and would not have if I didnt call about my benefits terminating.
                    In the notice the company sent to me, she says she told me to go. She told a completely different story to UC, said I became angry, stromed out got my things and walked out. She never said I came to speak with her after I cleaned my area for the day and that she told me to get out. But sends me information that proves otherwise.

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                    • #11
                      why would they send me these documents, but tell UC a different story? when I called the center and read them the letter they even said it was a problem because the statement she gave them did not mirror the letter I had in my hand

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                      • #12
                        How do we know "why" somebody did what they did? We can't get inside your employer's head. So, go to the hearing. You'll present your side of the story, the employer will present theirs, and the adjudicator will make a decision.
                        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                        • #13
                          Thank you so much for you kind insight. You have been more than helpful. I just asked a question, all I got were rude responses.

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                          • #14
                            they had to extend it, or did they do that out of the kindness of their hearts?

                            No, they did not have to extend it. It is standard operating procedure to cancel an employee's benefit effective either the last day of employment or the last day of the month in which employment ends, whichever the insurance contract calls for. They do not have to hold the insurance active until you have been sent and selected your COBRA package; few if any employers do that and the law permit them to do so. The only requirement is that when the COBRA payment is received, they have to make the reinstatement retroactive.

                            And despite all your arguing about how they woudn't have sent anything if you hadn't called, all anyone is going to look at is the fact that they DID send it out, and within the limits required by law. You're going to get exactly nowhere complainting about the COBRA.
                            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                            • #15
                              No, you did not get rude responses. No one was rude to you. You just didn't like what anyone had to say.

                              If all you want is for someone to agree with you, say so up front, and we'll know you're not really looking for legal information and won't bother to respond.
                              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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