The joy of victory

[font size="1" color="#FF0000"]LAST EDITED ON 05-12-06 AT 04:20PM (CST)[/font][br][br]Recently, a "problem" employee tendered his resignation. I tried to contain my glee. He is not a bad person but he had allowed his attitude to get to the point where he was negatively affecting others.

After he left, I was suprised to recieve notice that he had filed a unemployment claim. I marked "voluntary resignation" and returned the notice. I got a second notice indicating he was contesting my response.

Yesterday, I recieved the administrative decision. I won. Though the employee claimed a lack of advancement opportunities (not true), the ruling found that work was available and the ee work without good cause.

Just wanted to share...

Comments

  • 16 Comments sorted by Votes Date Added
  • [font size="1" color="#FF0000"]LAST EDITED ON 05-12-06 AT 11:53AM (CST)[/font][br][br]Do you mean "UC" for Unemployment? I'm not quite sure how the resignation and WC filing coincide?
  • You are right. I meant unemployment but typed WC.
  • Congrats, Paul. One for the good guys!

    I had a guy leave voluntarily to go to school. Was I surprised to receive his UC request! We were granted a hearing to protest and I was even more surprised when he asked to bum a ride to the hearing with me! Granted, it was in a remote town some 40 miles away, but i thought that was pretty nervy.

    He was a nice guy and left the company on good terms, so I just figured he was pursuing his options wihtout malicious intent and gave him the ride. I felt my good deed was rewarded when the Unemployment office denied his claim...
  • I have never had to attend a UC hearing. They are always done over the phone. I always think its odd when they ask you to "raise your right hand" over the phone.

    I could be standing on my head for all they know.
  • Or raising my left hand. :>) I feel the same way! Congrats, Paul. Enjoy that good feeling, 'cause they'll probably ding you on the next one. I was surprised a couple of months ago to find that not returning a form to request extension of leave after FML expired ended up being gross negligence. They throw us a bone once in a while!
  • I raise my right hand during phone hearings, but feel kind of dumb doing it.

    I WAY prefer telephone hearings over those in person. I've only had to do two in person: my first hearing EVER was in person, and we lost. I'd done a lot of assuming, and regretted it. (BIG issue with "policy" vs. "practice")

    I've definitely learned to ask a lot more questions and never assume anything! I've also learned to drag the employee's supervisor to the hearings with me, telephone or in person.
  • Last time I had a phone hearing I had my fingers crossed when I raised my right hand!!!!!

    And I won!
    Balloonman
  • We recently offered a position to an applicant (who, by the way was unemployed at the time of offer), who proceeded not to show up for his first day of work. We sent a "Notice of Work Refusal" to the state. He was awarded unemployment because our salary offer was not at least 75% of his previous pay level. The state law says that indivduals are allowed to refuse jobs that don't meet that pay requirement in the first 90 days of unemployment. Wouldn't it make more sense, and save tax dollars, if the states require people to accept employment, and if the pay differential was too great, make up the difference, instead of allowing folks to remain unemployed and collect FULL beneifts? Oh, wait a minute, that might be logical; we know we can't have that in the unemployment system.
  • Vphr, does that mean you company is now on the hook for the claim, or does it revert to whomever was paying when he ws made the offer?

    Either way, that is screwy.


  • Caroliso,
    We have no liability financially on the claim. But, as you pointed out, it is screwy. You know, sometimes it would be nice to see just a little bit of effort by the state to help reduce unemployment costs and quit allowing the unemployed to dictate the terms of when and how they will recieve their handouts.
  • Noticed none of the responses were from California. Any time a former employee disagrees with the award to the company, I am in a court setting - (I always drag the Supervisor)and in rare cases we might win. In California, if someone leaves to go to school they get unemployment. My last case involved an EE who walked off the job, cursed at the Supervisor and won his unemployment. Mainly because his supervisor didn't stop him when he told his supervisor "to blank this job, I'm leaving." Gee, we were remiss in not begging him to stay. Only in California.
  • Isn't it time for a revolt from the HR community to stop this nonsense......??????
  • How about a revolt in the business community? I've got my sign. Tell me where to go.
  • [font size="1" color="#FF0000"]LAST EDITED ON 05-16-06 AT 04:13PM (CST)[/font][br][br]SMace
    Good question. Politicians seem deaf, dumb and blind to the issue - or at least dumb. It will take the business community, and specifically money to get the attention of Washington to overhaul the system. But there just seems to be so much apathy surronding this issue that I'm not optimistic anything will change unless we (HR) make it an issue at the top and then through the Chambers of Commerce and through political action committees. Anyone up for an old fashion 'March on Washington'??
  • I can say that GA (or at least my area) seems to be employer friendly. I'm happy to say the DOL has denied unemployment for everyone this year except 1. Sales people are always the hardest b/c you have to show willfull neglect. Otherwise, they are awarded benefits b/c they were "doing their best". It just wasn't good enough for us.
    Anyway, I had to go to an in-person hearing last week. Forced 2 supvsrs to go with me, had them all worked up. We knew this was going to be ugly. She had already been denied benefits and was requesting an in person appeal hearing. Get this....she doesn't show!!! Then, they send me a letter stating she has until the 23rd for her rights to appeal expire. huh?? She requests the hearing, doesn't show, and gets another 2 weeks to appeal her appeal?? She would have to show "good cause" for failure to appear, but give me a break.
  • Wow... that is amazing. You would think the no show on her part at the hearing would end it.

    I mean, after all, she is unemployed. Its not like she is too busy to attend, right?
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