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  • MY WORD AGAINST THEIRS...? Tennessee

    I have been working for a trucking company for the last 7 years.I was HIRED to do a specific position in which has not changed over 7 years...until 2 weeks ago.I arrived to my job on my last day & my job duties were changed without no prior or reasonable advance notice.In short,when I got to work the manager told me that the company is changing & that my job duties would not be the same as when I was hired for which in most cases has never been a problem.The day I was "released" from the company I was told that I would be required to sleep in a motel & not be home for at least 1 -2 days.I am NOT & was not hired to be an over the road truck driver.In 7 years I have been home every single day & I have responsibilties at home that I could not change without at least some time to make arrangements.I even asked to use a day or 2 of my vacation time to try & oblige him but he refused.I told my former boss I could not do what he was asking me to do & my job description does not include requiring me to stay out on the road in a motel & he would not accept that & gave me the option to do it or leave or as he put it "accept my resignation".

    I was not the only employee let go that day.The company began hiring independent owner/operators in the weeks & months prior.They are weeding out the company drivers & replacing us to cut their costs.They even had ads posted online.The problem I have with this is that they have been doing this to the employees they don't want anymore & saying that I voluntarily resigned or refused the assignment given to me knowing that I would not have any option to refuse the task I was given.They did the same thing to another co-worker the same day & another prior to us.Anybody that has kids or pets & lives alone,try to imagine showing up for your job & your boss tells you that you will have to to something & you will not be able to go home without any way of making arrangements.Either do it or be considered "resigned"!
    I explained all of this to the U/E interviewer on the phone & she contacted the company & of course they said that I voluntarily quit which is what I expected anyway.She asked my side of what happened I told her the following in which she said they will review both sides of the info from me & my former employer & send a letter letting me know in 4-6 weeks...

    I told them:
    1.I went to work at my usual time
    2.My manager told me no work for me to do & to go back home
    3.The week prior to 2 of us let go they hired 3 independents
    4.That my insurance benefits had actually been cut-off 2 days before I was let go which I found suspicious

    The company told them:
    1.I quit & refused to do my job(which was actually not part of my requirements when I was hired)

    Everything I said was the truth & the way it happened & now I have to wait 4-6 weeks for them to determine who's side of the story they want to favor.It's dirty tactics on the companies part.7 years of hard work & loyalty even when times were hard for the company & now they want to cut costs & on top of that prevent any of us from getting U/E benefits,too.Thanks for reading.I'm curious if anyone out there has had a similar situatuion & what are my chances of recieving U/E?

    Any input is appreciated

  • #2
    I say this as someone who's been ordered to go directly from a week of all nighters directly to the airport to hand deliver a proposal because we missed the last FedEx pickup and putting someone on a plane was the only way to meet the deadline. And, no, it wasn't in my job description either.

    Unless you have an employment contract that guarantees the terms of your employment, the employer can change your job description at any time. Yes, it's nice to have more notice of overnight travel. There's no law that requires it.
    I am not able to respond to private messages. Thanks!


    • #3
      The only issue relative to the unemployment decision is whether you quit or whether you were fired for refusing the last minute travel. The hearing officer doesn't care whether ICs were hired, your insurance was cancelled or you were sent home with no work; these are all different issues.

      I don't disagree with the having responsibilities part; I would have a problem with last minute travel also. But there is no law requiring him to take your personal situation into consideration. Hopefully, the state will decide that such a last minute change in your working conditions is attributable to the employer and grant your benefits. If not, you can appeal.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


      • #4
        Actually the interviewer did consider the fact that they had just hired the independent contractors & the cancellation of my insurance even prior to losing my job somewhat suspicious also.The fact of the matter is that I went to work to do my job & they had this planned out in advance as a way of cutting costs without having to bare the expense of us collecting any benefits while we are out of work.I'm not the first employee they did this to.I've thankfully never needed to ask for any of the money I've put into the system back my whole life for U/E before but I get the feeling talking to them that they want to side with the employers.I'm not expecting anything from them I'll just go on looking for a new job & hope for the best.
        Junior Member
        Last edited by thisotherkingdom; 04-07-2010, 02:45 PM.


        • #5
          YOU have not contributed to the unemployment insurance funds in Tennessee or most other states. It is totally an employer tax, at least in your state.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


          The forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on are opinions and suggestions of members and is not a representation of the opinions of does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.