Unemployment Question

[kcr1972]

A few months ago I went back to work for a man who owns a restaurant here locally. This would be the 3rd time I have worked for him. We have parted on bad terms in the past, however we have always, or so I thought maintained a mutual respect for each other. He has stated many times that I was the only person he trusted to run his restaurant. However this time was different, and never felt right. Hindsight is 20/20 and I should have known better. I gave up my other job for him, and can not go back there as they were not happy I was leaving to go back there.

On Monday he called me and told me he could no longer afford me. Business is slow etc etc. I even offered to take a pay cut but he held firm. He also stated there was a complaint the last time I worked but would not get into specifics. I know of the complaint and it was not anything major. It was a food issue that I fixed but the lady could not be satisfied. A coworker encouraged her to complain, so she did.

I have never been written up or received any kind of warning. I received no separation papers.

What does he have to have to fight my UE? I am so screwed it isn't even funny. I had any interview today and believe I will get the position but the owner said he has a week of interviews left.

[MrsAxilla]

The rules for each state are different, so you should look it up. Generally, though, you are eligible for UE unless you're fired for cause.

[kcr1972]

I have looked it up but I am so dumb when it comes to this stuff

[cabbagecabbage]

When I worked in HR and we fought unemployment claims we used a lawyer. We would forward all supporting documents like letters of resignation or disciplinary actions to fight the claim. I would absolutely file in your situation.

[kcr1972]

I have filed. We don't have HR however his father is an attorney albeit a criminal defense attorney and he loves to use that to scare people. I do know he has never won a UE claim because of lack of documentation.

[thebreakfastclub]

In my state, and I'm sure many others, UE favors the employee, not the company. The burden of proof is on him.

He would need to prove some serious willful misconduct for you to not get UE. It is way beyond making a normal job mistake.

I would write down everything you can remember right now with dates, so you can later refer to what happened.

[kcr1972]

Oct 4, 2015 16:32:51 GMT -5 thebreakfastclub said:

In my state, and I'm sure many others, UE favors the employee, not the company. The burden of proof is on him.

He would need to prove some serious willful misconduct for you to not get UE. It is way beyond making a normal job mistake.

I would write down everything you can remember right now with dates, so you can later refer to what happened.

Thanks, good idea!

[shopgirl07]

I have owned businesses in two states and had to pay several unemployment claims. He can claim you were either laid off or fired for poor performance. Either way, he pays.

Go ahead and file your claim. He might not bother to fight it and if he does, he really doesn't have a case.