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No separation notice Tennessee

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  • No separation notice Tennessee

    I will try to keep this as brief as possible.

    I worked for ("dept. store"). I was fired for something that honestly was not my fault. When I was fired, I did not sign a separation notice because they did not give me a separation notice. I have since talked to 4 out of 5 people who have been fired in the past 6 months and each one signed their separation notice right after they were told they were fired. I found out via the internet that in the state of Tennessee, law requires an employer to provide a separation notice to an employee within 24 hours from the time they were terminated. This has not happened.

    (Employer), as most people know, is notorious for shady dealings and questionable practices. (which is all true by the way) I know for a fact that I will be turned down for unemployment and I also know I will fight it because I have an outstanding case for this being a issue of retaliation. My question here is, since (Employer) did not provide me with a separation notice, and at the time of this posting, I still haven't got it in the mail, if I ever get it in the mail that is.. will that effect the ruling of my unemployment when I fight the fact that they denied it? Clearly, (Employer) is in violation of Tennessee law that much is plain to see.
    Last edited by Betty3; 06-26-2012, 03:36 PM. Reason: remove name of employer

  • #2
    What makes you think you will be denied unemployment? It's not the employer's call - it's that of the state.
    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
      The separation notice is for unemployment ins. purposes. You can still file (which it seems you did) without the form. Just tell the UI office you didn't get a separation notice.

      We do need the answer to cbg's question.
      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

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      • #4
        Originally posted by Betty3 View Post
        The separation notice is for unemployment ins. purposes. You can still file (which it seems you did) without the form. Just tell the UI office you didn't get a separation notice.

        We do need the answer to cbg's question.
        Actually, I have not filed. I was fired on 6/25. I'm not even sure I will have to get unemployment as I'm not the type of person to sit around and not work. I am actively looking for work. IF I must get unemployment, my ex employer WILL fight it because they are very well known to fight any and all calms of unemployment, even if they are in the wrong. I suppose I should have formed my question in a different way. When my employer tries to fight my unemployment claim (should it come to that), will the fact that they violated Tennessee's law in not supplying me with a separation notice come into the decision making process? Should I bring that up should I have to go to a hearing?

        Honestly, the last time I got unemployment was when I was laid off from a seasonal job, so I'm not sure how all this works. I do know that my ex employer has violated Tennessee's law on this matter, that is without question.

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        • #5
          If you think you will get some kind of windfall because your employer didn't give you a separation notice...you won't.

          File for unemployment. Whether or not you get unemployment has no bearing whatsoever on whether or not your employer gave you a separation notice. If your unemployment claim is allowed and you get a job, tell the UI people and they'll close your claim. If you don't file for unemployment and you don't get a job, you will have no income. It's better, I think, to turn down offered income because you don't need it, than to not be offered income when you need it.

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