I got canned!!!

[Snoopy58]

Kathy,

The advice about "quit" vs "fired" is a double-edged sword: an employee who "quits" or is "fired for cause" is not eligible for unemployment $. One who is "laid off" (i.e. no fault of his own) is. Since the workforce commission goes back to the employer for some of the money that they pay out, an employer might be only too happy to agree to a "yeah, you quit voluntarily" deal, since it saves them $ without having to prove "for cause". Of course, if they do prove the "fired for cause" deal, it's the worst of both worlds, "fired" on the resume AND no unemployment $. But one can appeal the "for cause" determination, at least in the state where my source has firsthand experience in the matter.

It's a tradeoff: "quit" looks better on a resume in the future, but guarantees no unemployment benefit now. "Fired" may tip toward "laid off" & $, or to "for cause" and nothing.

Just a thought. Crummy spot to be in.

Snoopy

 

[Resume Writer]

Snoopy,

I totally agree and you are 100% correct. I think the problem here is that until we know what really happened, it is hard to give any advice. It depends on what the prospects are in the town where Iceman lives at to what he should do. No prospects - unemployment. Prospects - possibly resign.

Technically an employer is not supposed to be able to inquire about whether you were terminated - however, they can ask if you are "available for re-hire." Of course, if a company has a policy against rehiring former employees, that is one thing. If they don't, it's kind of like secret code for "he was fired."

Yes, there is an appeal process. In fact, the way it works is this:

1. He files for unemployment.
2. The Unemployment office inquires with the employer. (employer either fights it or accepts it)
3. If the employer fights it, (which they most likely will since in the long run it counts against their experience rating) and they provide "proof" to the UE office.
4. He will be called by a Deputy Administrator with Unemployment and gets to tell UE his side of the story
5. UE makes a decision.
6. If they decide for him, the employer can appeal.
7. If the employer appeals, it will go in front of an administrative law judge with him and the employer or employer attorney
8. Judge hears both sides in a taped courtroom appearance.
9. Judge makes a decision
10. If judge rules in his favor, employer has right to appeal again
11. Employer must show why judge made error in ruling with evidence
12. Case goes before a tribunal of judges, no hearing
13. Tribunal make a decision
14. If tribunal goes in his favor, the employer can STILL appeal. (totally ridiculous) Most times the employer will not appeal.

This tactic is used a lot because they assume that no one has the staying power to put up with the nonsense. I would say keep answering the appeals, make it hard for the employer and cost them some money. (that is just my principle talking if it is indeed a wrongful termination!)

Still waiting to hear from you Iceman....

Kathy

 

[Mr. Irrelevant]

Just a little help on unemployment issues. I worked as an unemployment cost consultant on the company side many moons ago. Every state is different. Some are more conservative than others of course. Just because you were fired or quit DOES NOT mean you aren't eligible for unemployment. As an example, if you quit because you've been getting harassed in some manner, you'll probably be eligible. If you've been fired and never issued a warning, or been given one and not told the time the original warning was issued that you'll be fired for the same problem next time it occurs, you're eligible.

There are appeals processes for both sides in most all states. Typically not in a courtroom however. Some states may have them in courtrooms but most of them you're simply spending time with someone authorized to issue a decision. They may not have a law degree but you can bet they know unemployment law.


Mr. I.

 

[bobbysamd]

Being canned v. being asked to resign

Just because you were fired or quit DOES NOT mean you aren't eligible for unemployment.

That is absolutely correct. Being asked to resign is tantamount to being fired, and may not be cause to deny unemployment benefits.

Something like that happened in my very last avaition job. The "bosses" told me I could either be fired for "unprofessional conduct" or resign and be given an LOR. I had the presence of mind to choose the latter because I knew that being asked to resign is no different than outright termination. I wrote a two-line resignation letter stating that based on our discussion I was resigning and I understood they would provide the letter of reference. I made a copy of the letter. I had to go through a hearing before a referee, but I eventually got my unemployment benefits. The employers had blown a deadline to respond to my appeal and lost standing to appear at the hearing, but it still went. I presented my case and won. It satisfied me to no end that I beat the SOBs.

For the "rest of the story," the place lost the lucrative foreign airline contract for which I had been hired to instruct and from which the company was chisling revenue, and eventually went tango-uniform.

Be sure you know your rights and the law. Once again, a plug for Every Employee's Guide to the Law by Lewin G. Joel, III. As the expression goes, bastardus non carborundum or something like that.

 

[7B2]

Iceman, there's more to the story.

What part of the states do you live, so "we" (what's this "we" stuff) can help you get another job. Also, consider driving a limo or so; did that myself for a while; it's flexible and the tips aren't too bad.

 

[Catbird]

Iceman- Your going to need Cobra if you had medical insurance with your past employer. If not I would advise that you and your wife be very careful where you have your baby delivered. That is if you have to use public health. Check the hospitals in your area. Be very careful what you sign. Having a child can be very very expensive. On another note, look into the HVAC business. I quit the airline business 2 years ago after a 18 year 121 career and 7 years of freight, dusting, A/P, instructing, and S.American bush. Best decision ever made. Will clear close to 150k this year. Home every night, own boss, future is unlimited. With the past emphasis on Commuter Science with the Educators there is a sever shortage of competent individuals. The industry is facing a bonanza per say because of EPA Regs. I'm building a Pitts 12 and will finished in about a year. Then I'll fly when and where I determine. Don't get sucked into the "Love to Fly" BS. Take care of your family and give them a stable life with the current state of flying and the economy the road ahead will be tough for the next years. Also with the corruption in Govt. and Wall Street if the flying positions come back most likely the Gov. will be issuing Green Cards to Russian and Chinese to fly the planes for 2.00$ per day. Don't laugh it most likely will happen. Place yourself in the position to determine your own financial well being first. Corporate America will leave you very disappointed. Fly your own A/C where and when you desire. If you can fly a plane and instruct it isn't any more difficult to work with this equipment just less Glamorous which the fatcats in the Corporate World feed upon with less astute individuals.

 

[TonyC]

Iceman- Your going to need Cobra if you had medical insurance with your past employer. If not I would advise that you and your wife be very careful where you have your baby delivered. That is if you have to use public health. Check the hospitals in your area. Be very careful what you sign. Having a child can be very very expensive. On another note, look into the HVAC business. I quit the airline business 2 years ago after a 18 year 121 career and 7 years of freight, dusting, A/P, instructing, and S.American bush. Best decision ever made. Will clear close to 150k this year. Home every night, own boss, future is unlimited. With the past emphasis on Commuter Science with the Educators there is a sever shortage of competent individuals. The industry is facing a bonanza per say because of EPA Regs. I'm building a Pitts 12 and will finished in about a year. Then I'll fly when and where I determine. Don't get sucked into the "Love to Fly" BS. Take care of your family and give them a stable life with the current state of flying and the economy the road ahead will be tough for the next years. Also with the corruption in Govt. and Wall Street if the flying positions come back most likely the Gov. will be issuing Green Cards to Russian and Chinese to fly the planes for 2.00$ per day. Don't laugh it most likely will happen. Place yourself in the position to determine your own financial well being first. Corporate America will leave you very disappointed. Fly your own A/C where and when you desire. If you can fly a plane and instruct it isn't any more difficult to work with this equipment just less Glamorous which the fatcats in the Corporate World feed upon with less astute individuals.

It's funny that you should end your post with "less astute individuals," because that's PRECISELY what was running through my mind as I read the post.

Apparently, as long as one can hook up a bottle of freon and read the pressure guages, literacy is not important.

your going to need... ?

Commuter Science???

sever shortage?

per say??

will finished?

We'll REALLY be in trouble when the corrupt Government and Wall Street start issuing green cards to Chinese and Russian HVAC operators. They'll probably service your system for 50 cents per day, but at least they'll have a better command of the English language!

Now, what was the point about less astute indivduals?

 

[chawbein]

Severe shortage of people in computer science??????

Does the IT industry have an "Air Inc." branch???????

Shortage my lilly white @ss. Ask the IT department at my company (all Indians and Packistanis) about the shortage. There was a shortage around 5 years ago, then they started importing indians to fill the gap. Now there is no shortage and the gap is filled with foreigners.

 

[TonyC]

Severe shortage of people in computer science??????

Does the IT industry have an "Air Inc." branch???????

Chaw,

I think he's trying to say (although it's difficult to surmise given the language barrier) there's a shortage of 1-armed HVAC operators, and that's how he can make 150 grand charging air conditioners. If one can sever a limb, he's more likely to get a high-paying position regardless of the insufficiency of his language skills.

I may have missed some oblique nuance of his post, but I think that's the gist.

 

[chawbein]

errrr.... I'm a retard. (no offense)

 

[Catbird]

chawbein- Ignore Tony C the English proctor. He's the little ass who was bending over behind the school yard for the extra credit. Too bad the fellow with the hammer at FedX isn't around when he's useful.

 

[goaliemn]

Pick me up?

I've never heard that term before.. It could be mis-interpreted as a drink.. drugs.. any number of things.. When you first said pick me up, a drink came to mind immediately..

If you want something from anybody, the best thing to do is come out and say it..

"I'm alittle short this month.. Could I get an advance?" Beating around the bush can lead to misunderstanding

 

[Iceman21]

Thanks for all the kind replies.

I will go into detail about my termination later today, but I wanted to clarify the use of "pick me up".

I went in to talk with him about my situation fincancially and what was going on overall in life. While he always made himself approachable in that way, I guess by doing what I did, thinking I could talk with him about it, I threw myself to the wolves.

I do believe this is a blessing in disquise as I already have a job lead ferrying for a aircraft sales company through my church.

I am in Chicago.

 

[huncowboy]

Thanks for all the kind replies.

I will go into detail about my termination later today, but I wanted to clarify the use of "pick me up".

I went in to talk with him about my situation fincancially and what was going on overall in life. While he always made himself approachable in that way, I guess by doing what I did, thinking I could talk with him about it, I threw myself to the wolves.

I do believe this is a blessing in disquise as I already have a job lead ferrying for a aircraft sales company through my church.

I am in Chicago.

Is "pick me up" like when you want someone to get you out of your bad mood... like being able to talk to someone kind of like venting except you are more like sad, rather than pissed?

 

[ShawnC]

Severe shortage of people in computer science??????

Does the IT industry have an "Air Inc." branch???????

Shortage my lilly white @ss. Ask the IT department at my company (all Indians and Packistanis) about the shortage. There was a shortage around 5 years ago, then they started importing indians to fill the gap. Now there is no shortage and the gap is filled with foreigners.

No there is a shortage of intelligent, experienced, and polite IT staff.

There are plenty of kids fresh out of college, that know nothing, that only went into comp sci because they heard that there was money in it. Worthless I tell you, half of them couldn't find their a$$ from first base when you tell them to do simple administrative tasks.

You know it sounds alot like flying.