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Will a possible change in the outcome of termination affect UI benefits?

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  • Will a possible change in the outcome of termination affect UI benefits?

    Hello,

    I wasn't sure how to find information for such a specific question but then I remembered this great site. You all have been very helpful in the past.

    So.. in early January this year I was terminated. At the time I didn't fight it. It was very sudden and unexpected. UI found in my favor and said that I was "not at fault" for the termination. 2 months have passed and I have not been able to secure employment elsewhere. I've noticed I've got a lot of "no thank you" back from apps I've submitted that specifically have a question about if I had been terminated or asked to resign. It's a black mark on 14 years of service to my former employer.

    I decided back in January to write a letter about the course of the company and the mistakes it was making and sent it up the chain (all the way to CEO). I received a somewhat canned response from head of HR like " we are sorry.. we take all of this seriously..thanks for your years of service..etc"

    This opened the door for me to talk to the head of HR about my termination. Tonight I finally sent him a letter regarding some mistreatment I felt I experienced and a conflict of interest that made my job harder to carry out. All of this with the intent to open a dialogue and maybe discuss changing the outcome of my termination from involuntary to perhaps something more mutual. I had been looking for other work, I just wish leaving had been on my terms.

    So I guess I'm most curious if somehow miraculously they agree to what I'm asking. Would this/could this affect my UI case and payments? If they agree that my leaving my position was a mutual decision is it possible that I will be unable to claim benefits? I need them. I'm still searching, I just feel being able to tell perspective employers that we decided mutually that it wasn't a good fit looks better and MIGHT secure me a new position sooner. But if it screws with my ability to take care of my family in the here and now I'll bite the bullet and agree to keep it as it is.

    Thanks

  • #2
    I can't imagine why a company would spend much time on a letter of grievances from someone who was fired 2 months ago. Even if they found something in the letters worthy of investigation, that does not change the reason you are no longer employed there. Expecting your former employer to lie is unrealistic and could come back to haunt you anyway. All it takes is a former coworker to talk to someone at your new company, which happens way more than you think.

    Much better would be to explain the circumstances which led to your termination and what you have done to ensure that does not happen again. If you have a coworker, former manager, client, or other person with whom you worked regularly, ask that person to be a reference. Being fired is not the kiss of death many believe that it is.
    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.

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    • #3
      Thanks for the response. I guess I don't quite understand what you are talking about when you mention having my former employer lie.

      Are you referring to asking them to say it was mutual when it was not? Because I'm not asking them to just change their answer on the surface I'm having an HR review of my termination to make sure it was on the up and up. In fact I just had a phone conversation with the head of HR. He was open to the idea of having a mediation with my local HR rep to discuss the termination to make sure all facts were considered and to make sure it was a legit termination. I had mentioned the UI findings in my favor including the verbiage from UI ...

      "THIS EMPLOYER FIRED YOU BELIEVING YOU DID NOT MEET THEIR STANDARDS. WE HAVE CONSIDERED ALL THE INFORMATION GIVEN BY THE EMPLOYER AND BY YOU. WE DETERMINED YOU DID NOT ACT AS BELIEVED OR DID NOT MEET THE STANDARDS DUE TO CIRCUMSTANCES OUTSIDE YOUR CONTROL. YOU ARE NOT AT FAULT FOR THIS SEPARATION"

      He mentioned various outcomes possible including me being offered my job back, my ability to resign instead, etc. I'll know more after the mediation.

      I know I'm not the first guy to be fired from a job and I won't be the last. I'm sorry some of the stuff in the original post was perhaps superfluous. I'm just a little paranoid now about how it might play out. I want to be treated fairly and I don't feel I was. Now I wonder since I was awarded the win with UI that me resigning (if they let me) will change the outcome of the UI claim. I don't know if they would then report something different? I know that the time period for appeals is past for both sides I believe.

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      • #4
        Originally posted by Mimalito View Post
        He mentioned various outcomes possible including me being offered my job back, my ability to resign instead, etc. I'll know more after the mediation.

        I know I'm not the first guy to be fired from a job and I won't be the last. I'm sorry some of the stuff in the original post was perhaps superfluous. I'm just a little paranoid now about how it might play out. I want to be treated fairly and I don't feel I was. Now I wonder since I was awarded the win with UI that me resigning (if they let me) will change the outcome of the UI claim. I don't know if they would then report something different? I know that the time period for appeals is past for both sides I believe.
        If they offer you the job back and your refuse they may well be able to get your UI benefits stopped.

        Just changing your reason for termination in their system now will not stop your UI benefits. That UI decision is made and after 2 months you shouldn't still be in the appeals period.

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        • #5
          Originally posted by Payroll Guy View Post
          If they offer you the job back and your refuse they may well be able to get your UI benefits stopped.

          Just changing your reason for termination in their system now will not stop your UI benefits. That UI decision is made and after 2 months you shouldn't still be in the appeals period.

          I guess what I'm looking for is a bit of closure. I would love the latter, simply a change in my former employers HR files. It would give me the ability to say "I resigned" to any future perspective employer and be telling the truth. I know I can tell employers anything I want, the head of HR even told me so today My former employer uses The Work Number for all employee verifications. No new employer would even talk to a human. It's up to me to convince a new employer to hire me.

          From everything I read the appeals time period is over. Do you really see a difference in the two options. If they offered my job back and I said "no thanks" they wouldn’t have to use the appeals process to try and interrupt my UI? Because honestly that would be the best of both worlds... the ability to say I left of my own volition.. and still able to collect UI while applying/interviewing and hopefully finding a great new job.

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          • #6
            Originally posted by Mimalito View Post
            I guess what I'm looking for is a bit of closure. I would love the latter, simply a change in my former employers HR files. It would give me the ability to say "I resigned" to any future perspective employer and be telling the truth. I know I can tell employers anything I want, the head of HR even told me so today My former employer uses The Work Number for all employee verifications. No new employer would even talk to a human. It's up to me to convince a new employer to hire me.

            From everything I read the appeals time period is over. Do you really see a difference in the two options. If they offered my job back and I said "no thanks" they wouldn’t have to use the appeals process to try and interrupt my UI? Because honestly that would be the best of both worlds... the ability to say I left of my own volition.. and still able to collect UI while applying/interviewing and hopefully finding a great new job.
            In most states an employer can report that you refused a job and it will stop your UI benefits if the work is deemed suitable. Your last job at your last pay will almost always be deemed suitable in those states.

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            • #7
              Originally posted by Mimalito View Post
              Thanks for the response. I guess I don't quite understand what you are talking about when you mention having my former employer lie.

              Are you referring to asking them to say it was mutual when it was not? Because I'm not asking them to just change their answer on the surface I'm having an HR review of my termination to make sure it was on the up and up. In fact I just had a phone conversation with the head of HR. He was open to the idea of having a mediation with my local HR rep to discuss the termination to make sure all facts were considered and to make sure it was a legit termination. I had mentioned the UI findings in my favor including the verbiage from UI ...

              "THIS EMPLOYER FIRED YOU BELIEVING YOU DID NOT MEET THEIR STANDARDS. WE HAVE CONSIDERED ALL THE INFORMATION GIVEN BY THE EMPLOYER AND BY YOU. WE DETERMINED YOU DID NOT ACT AS BELIEVED OR DID NOT MEET THE STANDARDS DUE TO CIRCUMSTANCES OUTSIDE YOUR CONTROL. YOU ARE NOT AT FAULT FOR THIS SEPARATION"

              He mentioned various outcomes possible including me being offered my job back, my ability to resign instead, etc. I'll know more after the mediation.

              I know I'm not the first guy to be fired from a job and I won't be the last. I'm sorry some of the stuff in the original post was perhaps superfluous. I'm just a little paranoid now about how it might play out. I want to be treated fairly and I don't feel I was. Now I wonder since I was awarded the win with UI that me resigning (if they let me) will change the outcome of the UI claim. I don't know if they would then report something different? I know that the time period for appeals is past for both sides I believe.
              All UI is saying is that you didn't do anything that would get you denied benefits. It doesn't mean your term was done incorrectly or illegally.

              You can't go back and change the past. Even if HR agreed to mark it as mutual separation, the events still occurred and you will have the memory of it happening.

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