MizchiefKilz t1_iucefrd wrote on October 30, 2022 at 7:09 AM

Reply to comment by Shoesietart in Filing for Unemployment with Company that serially fires employees by marqui4me

Did they even give a specific policy that was violated? do they have proof of what she did and proof that she was trained not to do that? Any documented warnings?

Shoesietart t1_iucod7r wrote on October 30, 2022 at 9:30 AM

Exactly. That's why the employer may not win.

What is the documented policy; when and how was it shared; did employee receive relevant notification and training re policy; Is policy legal; In what way did employee violate policy; were they warned, when and how, etc., what is history of firings?

DD_equals_doodoo t1_iudrg10 wrote on October 30, 2022 at 3:47 PM

It depends. Some things are pretty obvious. For example, if you no call, no show, the unemployment office is unlikely to rule in your favor. I forget the language they use, but if you show no regard or care to protect your unemployment, they will not rule in your favor. You don't have to a have a policy for everything as an employer.

PassionFruit_1 t1_iueqx57 wrote on October 30, 2022 at 7:44 PM

I was GM at a restaurant a while back. Guy stops showing up for work, I document it, after a week of not responding I terminated him in the system. He shows up a month later, and I tell him I had to hire a replacement because he stopped showing up and responding.

Dude filed for unemployment and received it. I was confused to say the least but it was not my job or responsibility anymore to worry about that.

SafetyMan35 t1_iudaehq wrote on October 30, 2022 at 1:42 PM

We had to terminate employment for an employee and we documented it in a memo to the employee outlining where he was falling short and where he needed to improve. He signed the letter acknowledging he received it. We worked with him, but his attitude became worse and we ultimately terminated employment, but we documented why he was terminated.

The employee never filed for unemployment, so I’m not sure if it would have caused a denial, but the reasons were clearly documented

RightofUp t1_iudmgms wrote on October 30, 2022 at 3:12 PM

Depends entirely on the unemployment judge.

If the "cause" was performance based, I usually watched my company lose its appeal to unemployment for a variety of factors.

If the "cause" was behavioral and opened the company to possible litigation (such as harassment), then unemployment was always denied.

In these situations in my state, the judge is the deciding factor, not the company or applicant.