Results 1 to 7 of 7

Thread: "terminated" or "layed off"? Will i be able to reopen my UC claim. Pennsylvania

  1. #1

    Angry "terminated" or "layed off"? Will i be able to reopen my UC claim. Pennsylvania

    I Started a 90 day temp to hire job on August 25th of this year. I was currently on unemployment Since August of last year, i couldnt find any work so i took this job. I was working for (deleted) an the job site was (deleted) assembling lawn and garden tools. I finished my shift today (7-3) i come home an realize i have a voicemail from the temp. service asking me to return the call, so i do so, AND the lady tells me that my employment has been terminated due to me missing To much time in the first 90 days, but 90 days would of been up on Thanksgiving day. I know that i am eligible to reopen my UC Claim but....

    My question is, If the temp decides they dont want to pay it would i win the appeal based on the above information? Now that christmas is JUST over its gonna be pretty tough finding another job in my area.
    Last edited by Betty3; 12-28-2010 at 05:10 PM. Reason: remove name employer/client

  2. #2
    Senior Member
    Join Date
    Jun 2006
    Location
    California
    Posts
    12,104

    Default

    It is your's states call and no one on this website can guess how that call will go. I can say that in theory it depends on how the employer challenges. If you have tons of absences for no legally good reasons, the chances of you getting denied is better then if you had few absences for good reasons. If you are denied, appeal, appeal, appeal.

    It is a very bad idea to mention your employer, or their client, in your posting. You should edit it out.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

  3. #3
    Senior Member
    Join Date
    Dec 2005
    Location
    In a state of confusion.
    Posts
    1,479

    Arrow "terminated" or "layed off"?

    Quote Originally Posted by theyarewatching View Post
    I Started a 90 day temp to hire job on August 25th of this year. I was currently on unemployment Since August of last year, i couldnt find any work so i took this job. I was working for (deleted) an the job site was(deleted) assembling lawn and garden tools. I finished my shift today (7-3) i come home an realize i have a voicemail from the temp. service asking me to return the call, so i do so, AND the lady tells me that my employment has been terminated due to me missing To much time in the first 90 days, but 90 days would of been up on Thanksgiving day. I know that i am eligible to reopen my UC Claim but....

    My question is, If the temp decides they dont want to pay it would i win the appeal based on the above information? Now that christmas is JUST over its gonna be pretty tough finding another job in my area.
    Did You miss too much time ?
    As temp agencies go you usually are to be available to work at anytime.
    Too many excuses for whatever good reason, and pretty soon they stop calling
    If you’re unsure ask them, if they him and haw around I think it’s safe to say you’ve been caned.
    As for as reopening a claim, all you can do is try and go form there
    Good luck

    .._______________________
    ~ Free advice is like a public defender,
    …you get what you pay for. ~ drr
    Last edited by cbg; 12-29-2010 at 07:11 AM.

  4. #4

    Default

    Well yesterday day was my 125th day. When the lady called she said i missed too much time in my first 90 days. I had missed one (1) day in those first 90 days due to a death in the family an both the temp and thee jobsite were aware of that. An thank you for the hint on not mentioning the employers this is my first time on this site an had no idea, Thanks everybody for their feedback

  5. #5
    Senior Member
    Join Date
    Jun 2006
    Location
    California
    Posts
    12,104

    Default

    Then tell that to the state UI people when you have a chance. Again, no one's opinion but the state itself matters, but those sound like good reasons. And generally (in theory) the employer needs to argue something like misconduct to get UI denied.

    Not your question (yet), but most terminations are legal in the sense that no laws are violated. Your termination sounds legal. However most terminations also qualify for UI. Meaning the legality of the termination and qualifying for UI are two very unrelated issues.

    If you do not get UI, appeal. One other potential problem. Even if the state agrees with the quality of your termination (I would based on what you just said), you still need to have funds in YOUR account. Meaning that the UI benefits are based on wages from approximately 7-18 months ago. No wages would mean no benefits, even if you otherwise qualified. Little wages during this "base period" would mean little benefits. You should get a pamphlet that spells this out.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

  6. #6

    Default

    Quote Originally Posted by DAW View Post
    Then tell that to the state UI people when you have a chance. Again, no one's opinion but the state itself matters, but those sound like good reasons. And generally (in theory) the employer needs to argue something like misconduct to get UI denied.

    Not your question (yet), but most terminations are legal in the sense that no laws are violated. Your termination sounds legal. However most terminations also qualify for UI. Meaning the legality of the termination and qualifying for UI are two very unrelated issues.

    If you do not get UI, appeal. One other potential problem. Even if the state agrees with the quality of your termination (I would based on what you just said), you still need to have funds in YOUR account. Meaning that the UI benefits are based on wages from approximately 7-18 months ago. No wages would mean no benefits, even if you otherwise qualified. Little wages during this "base period" would mean little benefits. You should get a pamphlet that spells this out.
    I spoke to UI the day before about REOPENING my claim an they said i was eligible to do that, let me remind u i was on UI for a year before i got this job, i took this job to get off UI so i figure they will look at that as good cause, also i have over time hours an them telling me a month over the designatd "90 day" mark i was being terminated on account of lack of presence or attendance in the first 90 days.

  7. #7
    Super Moderator
    Join Date
    Apr 2007
    Location
    Il.(near STL,Mo.)
    Posts
    14,675

    Default

    Ok, then re-open your claim & see if you are approved. If not, try an appeal. No one
    here can say whether you will receive UI or not - it's always the state's decision. Just
    tell the truth.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

Similar Threads

  1. "Arrested" vs. "Charged" vs. "Convicted" Need clarification. Texas
    By texasdealer in forum Arrests, Searches, and Warrants
    Replies: 6
    Last Post: 04-08-2010, 08:13 AM
  2. "Terminated" while on Long Term Disability Pennsylvania
    By seekingone in forum Disability Leave Laws
    Replies: 11
    Last Post: 07-02-2007, 05:04 PM
  3. Replies: 0
    Last Post: 07-02-2006, 09:29 PM
  4. "Defamation of Character," "Harassment," "Slander???"
    By MAA in forum California Labor Laws
    Replies: 15
    Last Post: 11-18-2005, 10:15 PM
  5. "Canada" "visa extension" "single entry" "to"
    By 123 in forum Canada Immigration Law
    Replies: 1
    Last Post: 08-10-2004, 08:20 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •