Employers get away with way too much its frightening.I worked at a convenience store and my advise is do not ever work there. At least be very, very careful. Verbal abuse, harassment, bullying being denied breaks, being spoken to like we have no value at all. Like we have no feelings was awful.
That sounds like a bad experience! I agree - there are times when employers win when they shouldn't. But there are lots of times that employers lose too.
I work for unemployment in the State of Maryland, keep a paper trail on your employer through TEXT, go online and read the policies if you are not given a handbook. Any time off document it very well , rather that is sick ,family emergency where FMLA is needed. If it is not a misconduct type of situation, as the woman is stating. It is possible to get your unemployment. Many employers may not give you warnings, however I have been seeing A LOT of employers paying back employees, especially when won on appeal. You always have a right to file unemployment.
I got written up 3 times, then they let me go, and I still got unemployment....then there was a time I was denied, and I appealed it and got unemployment....don't believe the hype!!
WELL MAYBE YOU CAN ANSWER MY QUESTION I QUIT MY JOB BECAUSE OF VERBAL ABUSE, LINE LEAD MOCKING MY VOICE BECAUSE I STUTTER AT TIMES, AND MOST IMPORTANTLY DENYING BATHROOM BREAKS EVEN THOUGH THEY KNEW THAT MY HIGH BLOOD PRESSURE MEDS INCREASED URINATION, DO I HAVE A CASE?
@dsakjet78 Do u have documentation of any of this, even a slither.....I would still apply, and write out exactly why u quit. They did this to my mother back in the late 90s, and she got unemployment....but I realized those were different times. If they deny u'r claim, appeal it. Then it will be presented to a judge & they will make the final decision....Fight for yourself and don't believe the hype!!!!
I was fired, (bc we were overstaffed) but manager claims I was who dumped some papers on the shred that should’ve been done however there is no proof. Why was she looking in the shred box & second I was not the only nurse working on fax refills. Mind you, if the is a fax asking for a refill all we do is go on the patients profile, if its a maintenance medication within 3 month visit we send it electronically, if theyre not due for a refill we give them a call. Manager was so vague didnt even show me what the deal was or what paper
from the time I was 16 until I was 28, I lived and worked in Oklahoma and never experienced anything horrible from any employer including being lied about. I moved to Colorado in 1990 for a career job and saw the most egregious abuse to employees that I could ever imagine out of every corporation that I worked for. Colorado is an “at will” State, meaning that an employee can be fired for no reason whatsoever at the will of the employer. This makes it impossible for someone to ever prove a sexual harassment or gender discrimination or age discrimination case. The employer does not have to state why they are firing the employee and when the employee tries to get unemployment benefits, they are denied and there’s no reason given for that either. When I owned a small art gallery, I was threatened by the state of Colorado that I had to pay unemployment tax even though me, my husband nor my son were ever receiving one dime of wages while we were trying to get the business started and we were all working outside jobs to pay for the business expenses because the gallery was not self supporting for the first few years. I refused to give the state of Colorado one red cent for unemployment because none of us were actually employed but we’re just volunteering so we could get our business going. I have to wonder what happens to all that money that all of the corporations are paying into the state of Colorado when people do not get unemployment benefits and I have been told by a Colorado state representative that employers often lie to the department of labor telling the department of labor that the employee has quit their job so that unemployment benefits will not be paid to the employee. The state representative actually told me that employers do this constantly so that their unemployment taxes will not increase because no one is ever getting unemployment after job separation. How much more vile and corrupt can our country really become? I have friends that have left the United States over a decade ago and are working in Russia and tell me that it is the most wonderful place and that a great amount of the population are Christianized because they came out of horrible communism and the people are so grateful to even be alive after over 100 million of them were murdered by the God hating communist regime of the Soviet union. They are apparently a very moral people now and treat each other with a tremendous amount of respect which is the extreme opposite of the way Americans behave and treat each other. Yes, I realize that all of us have been tremendously lied to by our media, our Government and our education system. I truly believe that we are living in one of the most corrupt countries that the world has ever seen and yet everyone is intentionally blind because they just cannot admit that this has been a horrible failure when you create a system that is the equivalent to a large plantation full of slaves all in the name of Fascism (the marriage of government and corporations). we can honestly state that our system is 100% fascist benefiting only oligarchs, government employees of every flavor and big corporate mafia bosses all crammed together an operating a massive organized Plantation. The only way that people can come off the plantation is to refuse to be involved in banking, finance, being employed by corporations or government and actually hand manufacturing products they sell for cash or farmed commodities that they can sell for cash, living off grid in their own property that’s completely paid for (getting their Land Patent) and participating in local networks of people that are doing the same things. I have experimented with this and it’s working extremely well. Call it a network of people operating outside of the norm and of those who are willing to defend their property with their own lives should they suddenly be attacked by the plantation mafia and their thugs. Imagine a massive amount of FREE PEOPLE, refusing to be corporate slaves, living like our ancestors who founded this country in the 17th century and refused to be enslaved by the British, French or Spanish. Modern FREEMEN AND FREEWOMEN utilizing technology to have beautiful and functioning off-grid homes, working for their own benefit and refusing to be fleeced by wickedness.
Thank you for sharing your thoughts. There certainly is room for improvement in the unemployment program (at least in Oklahoma - I can't speak to how the program operates in other states) & the nation's government as a whole.
Hi Adrian. My answer assumes your claim is in Oklahoma. The statutory definition of misconduct includes "unapproved or excessive absenteeism or tardiness." However, if your absences or tardies are the result of a medical issue, there's another law that might come into play. Oklahoma's unemployment program includes a separation due to compelling family circumstance. I like to think of it as a "no fault" separation. You can get unemployment benefits & your former employer's tax rate increase may be waived. (See 40 OS § 2-210 & 40 OS § 3-106). Compelling family circumstances factors in when, due to your medical condition (or in some cases, a family member's illness), you have to be off work longer than your employer is willing to grant paid or unpaid leave or a doctor recommends that you change jobs. It's not your fault that you've got the issue causing the absences & it's not your employer's fault that they can't keep giving leave. This law can allow for a win-win situation for you & the employer. Feel free to book a call with me if you'd like to discuss the details of your case. I can give you a better idea of how this law might apply (or not) to your case.
Hi. A nice video. I’ve been to OK but I live in MD. If you’re let go or terminated not from misconduct but from unsatisfactory work performance happening seven years after being on the job but with newer management, can one still collect unemployment? I’ve done lots of research and I found the answer is generally yes. Not from any misconduct but only unsatisfactory work performance. Any information would be helpful. Thank you.
Thanks for watching my video. The general federal guideline is that a discharge for misconduct disqualifies you from receiving benefits. It's up to each state to define "misconduct" for their state. Since I'm not licensed to practice law in MD, I can't comment on whether unsatisfactory performance would disqualify you. In Oklahoma, there are many factors that are taken into consideration for a performance discharge. Factors include (but are not limited to) whether warnings were issued, whether you were ever able to successfully perform the work, and whether the reasons you couldn't meet the expectations were in your control. I hope this helps. Good luck!
I’m in Oklahoma. I was fired two months ago after a month long’s worth of technical issues (I worked remote for a call center). I experienced technical and internet issues that required me to call out after 45 minutes of said technical issues a day (company policy). After making my supervisor aware of said issues and attempting to troubleshoot with the company’s IT department with no luck, I ended up having to call out everyday ~5 hours into my shift. Employer ended up firing me citing “reliability” and “absenteeism”. I was given a formal warning, however, I had been transparent about my constant technical issues with proof. I was denied unemployment benefits and have an appeal coming up. Employer cited misconduct, but the situation was out of my control and I tried my best to resolve the issues and kept my employer in the loop 100% of the time. Do I have a chance at winning my appeal?
That sounds like a tough situation! Your employer cited misconduct because that's what the statute says they have to show. I think your case really depends on the specific details of what happened. Things that can factor in include whose fault the technical issues were, what steps were taken to address the issues, what alternatives (if any) there were to working remote, what the employer's policy says about this kind of situation, etc. Whether you can win the appeal may also depend on whether the employer shows up for the hearing. It's much easier to win if you're discharged & the employer doesn't show. I'd love the opportunity to speak to you one-on-one about this. Feel free to use the link in the description to schedule a call with me.
Hi, I have a question. Will I lose my benefits? Does Oklahoma consider lack of transportation a good cause of not being able to accept work? I was offered a job and I took the job at first. I went through background check process. I fill out all paperwork. When it background came back, i could not take the job anymore due to being in a car accident. My car is not drivable so lack of transportation.
No, lack of transportation is not good cause for refusing a suitable offer of work. You are not required to have a car, but you do have to have a reliable way to get to work. Depending on your area, you can walk, ride a bike, take public transportation, etc. Any of these things (or others - be creative!) will satisfy the "reliable way to get to work" requirement.
My employer is terminating me because I missed days of work that were approved by them and also I told them I have screenshots of misconduct text messages from employees outside of work and they told me it’s illegal to take screenshots of staff conversations even outside of work
Hello. please help. I was fired from a moving company for having a so-called "attitude" that I was unaware I ever had. I worked for this company for 2 months and one day there was no elevator available at the assisted living facility that the client was moving to. We had to use the stairs and I jovially (while smiling) mentioned needing some water after dozens of trips. the team lead called the owner and I was let go. I'm in great shape and was not bitter at all about getting through the move. My language remained professional and palatable throughout the whole day.
I got fired because I would not go to work on Sunday. I have need work on Sunday. When I was told I said my Sunday are blocked. Because we were told to block the days you don’t want to work. My unemployment was denied by my employees.
This answer assumes your claim is in Oklahoma. There are LOTS of factors that go into the analysis of this type of case, such as how long you were employed, whether you've ever worked Sundays, the reason you were not available on Sundays, whether the employer's request was a permanent or temporary request, how the conversation when between you & the supervisor (or person making the request), and whether you had received any past warnings. If you disagree with the decision & think there's additional info that should be considered, I encourage you to file an appeal. If your claim is in Oklahoma & you'd like to discuss it with me, I invite you to book an appointment: kathybushnellesq.com/schedule-a-meeting/
Thank you for this vid. Very helpful. If I get fired and the job asked me to sign paper work of any kind do i HAVE to sign what they hand me in order to get approved for unemployment? And how do you PROVE that you were wrongfully fired when you no longer and come back to the job?
Hi Aimee. In Oklahoma, there is no required that you sign any of the employer's paperwork in order to get unemployment benefits. In Oklahoma, if you are fired/terminated/discharged, it is the employer's burden to prove the reason was misconduct connected with the work the way misconduct is defined in Oklahoma law. Your burden is to show that the employer's facts are wrong or that they way the are presented do not meet the definition of misconduct. Wrongful termination is something different that unemployment.
@@kathybushnellesq wow thanks for the quick response. So if I get fired, shld I sign the paperwork they give me? What if it says I can't apply for unemployment bc by signing I agreed to why they fired me, even though I dnt?
@@LoveAimshigh I cannot advise you on Ohio law. Whether you choose to sign paperwork is entirely up to you. Oklahoma has a law that prohibits an employer from trying to interfere with your right to file for unemployment. I would suspect that other states have the same law. Check with your state unemployment office for more info.
My employer said almost the same, they told me, if you don’t sign this Resignation agreement then you can’t apply to the unemployment benefit, but the document state that I won’t sue then for nothing after all . Not sure if this is just a promise that they are not going to present something to prove misconduct to the unemployment department just if I commit don’t sue. Because I know that I need to prove that wasn’t my fault and they know that, then way they ask don’t sue, maybe because the fact to say to the unemploinment department if it was discrimination is not the same as suing ?
What about in jobs like the car sales industry? I met monthly quotas and sold more than other ppl but got fired for no reason. He refused to give me one.
Most states follow the employment at will doctrine regardless of the industry. Employment at will is the doctrine that says the employer can fire you for any reason or no reason, just not an illegal reason. The employer may even fire you for a morally repugnant reason. But the reason cannot be illegal. In Oklahoma, even if the employer doesn't give *you* a reason, they still have to give one to OESC for your claim to be denied. OESC will attempt to contact the employer to get information about why you were fired. The employer can choose not to respond. OESC will make the decision about your claim based on the information they receive, regardless of whether the employer participates.
My ex employer said that I cant apply and that they will deny it. I recorded it… I was fired because of a racist post that was posted to the company website and it was just retaliation after that from my boss. I was hired by another department and my boss setup me to get me fired.
1. You have a statutory right to file for unemployment. 2. Your employer does not make the decision about your claim. They can protest, but they don't get to decide.
I cannot advise you on a NY claim because I'm not licensed in that state. However, a google search for "new york unemployment application" led me to this state-run website: dol.ny.gov/unemployment/file-your-first-claim-benefits
I'm not licensed to practice law in Florida, so I can't comment on whether it was ok for your employer to fire you for missing 1 day. In Oklahoma, the employer can absolutely do that. Oklahoma is an employment at will state (most states are), so the employer can fire its employee for any reason or no reason, just not an illegal reason. But whether the employer has the right to fire its employee is a different question than whether the employee can receive unemployment benefits. In Oklahoma, the employer has to prove the reason for termination was misconduct connected with the work in order to have the claim denied.
In Oklahoma, the employer has to demonstrate that they fired you for misconduct the way that's defined in the law (the video explains that definition). If the manager was sexually harassing you, that's not something you did. If you were fired for complaining about sexual harassment, that's not a discharge for misconduct either. If you were being sexually harassed at work, I encourage you to check out the EEOC's website for information about other types of claims you may be able to file against your employer. www.eeoc.gov/sexual-harassment
I'm sorry that happened to you. Food poisoning is the worst! You didn't ask a question, but I'm guessing you're wondering if you can get unemployment if that absence was the reason you were fired. It depends. In Oklahoma, unemployment will consider things like your attendance history including prior warnings, the employer's attendance policy, and whether you gave proper notice of your absence. They'll also consider any other warnings or discipline you may have received during employment.
I am in Texas and my claim was declined because I was fired. I was fired for "a conversation I had with manager George..." I was terminated for voicing my dislike of Sexual harassment in the workplace. I filed a complaint with the EEOC and they have taken my notice seriously and this previous company has 1 month to mitigate. I was wondering, is this a legitimate reason to decline my claim for unemployment?
Hello. I'm not licensed in Texas, so I cannot comment on how Texas unemployment applies to your separation. In Oklahoma, if the sole reason you were fired was for filing a complaint about sexual harassment - especially if the employer has a sexual harassment policy - it would be unlikely that your claim would be denied. However, if there are other things that factored into the separation, they could influence the outcome of the case.
I’ve been at my company over 6 years, got my first Wright up yesterday. They are trying to force me to work more hrs. I let them know before that I am unable to work the extra hrs.I’ll have three Wright ups by the end of week and I’m sure will be terminated. Currently work from 7-4. Any chance I would qualify?
It depends. There are times that a change in the hours the employer wants you to work can be a reason you qualify for unemployment. But there are also times that it isn't. Things that can factor in are whether you've ever worked extra hours before, whether their request is temporary or permanent, the reason for their request, etc.
I just found out that I was fired when unemployment sent me a discharge questionnaire. My last day of work was two weeks ago and he told me that he had to let me go because someone said I kept telling others to slow down. So today when I found out I had to fill out the questionnaire I texted him to see if he would respond so I can get documentation of why I was fired and he said exactly the same thing and unsatisfactory performance! I’m a union working and I getting laid off every winter and unemployment is how I survive. Do you think I have a legitimate shot at getting benefits if I submit that text message?
This answer assumes your claim is in Oklahoma. I can't say whether your particular case will be approved. However, a discharge for poor performance can also allow someone to receive benefits AS LONG AS the reason for poor performance was not intentional. In your case, answer the questionnaire honestly & return it by the deadline. If you think the text message is helpful, the submit a copy with your questionnaire. Good luck!
Hi, my name is Vincent Tancredi. I had to leave my job because I lived somewhere for 25 years and they were selling the house and my wife passed away and I was in serious drama depression and I had to go to where I could still live somewhere that was out of state, I loved my job but my living arrangements I didn’t have a choice and my wife passed away me over the edge and every way I didn’t know if I was coming or going so I had to leave the state and they knew I was leaving. I told my manager, he knew so I thought I was coming out to where I was going for a job and that panned out that didn’t happen so I had no money and I still have no money but I filed for unemployment and I got denied so now I am appealing it and still waitingso do you think I have a chance to get it? Thank you.
Hi Vincent. I'm so sorry for your loss. If your claim is in Oklahoma, this would be a hard case to win. The overall mission of unemployment is to pay benefits to people who are unemployed through no fault of their own. When you are the person that leaves the employment (as opposed to being terminate), in most cases, you have to show that you had good cause *connected with the work* for leaving. In Oklahoma, there is another law that can come into play when there is a health issue involved, and mental health counts. So there's a possibility that that law could apply to your case, but I can't be sure based on what you've shared here. If your claim is in Oklahoma, I encourage you to book a call with me so I can give you a better answer.
In Oklahoma, this is a reason benefits *may* be paid, but it's not a guarantee. Consideration will be given to whether you ever met expectations, whether any warnings had been issued, whether training was available/offered/requested, and the ultimate reason the expectations were not met.
I have a question can I get unemployment if I was terminated for misconduct for reason for leaving the company without authorization after break 30 minutes go home and grap a snack really quick be on time. I have seen other people leave company there’s a gas station nearby and they don’t get fired.
I'm assuming you're in Oklahoma. This is one of those cases that will really depend on more details than what you've provided. OESC will look at things such as (like you mentioned) whether other employees are allowed to do the same thing, what the company policy (if any) says, whether you've got previous warnings for the same or similar behavior, whether you've got previous warnings for other behaviors, etc. The only way to know for certain if you qualify for benefits is to file the claim.
The standard for receiving unemployment benefits is very different from the standard for wrongful termination. Many claims (but not all) for wrongful termination involve some type of discrimination. You can check out the EEOC's website for more information about the types of discrimination that can form the basis of a claim. In any event, if you think you have a claim for wrongful termination, you should consult with an attorney in your state as soon as possible. eeoc.gov/
My job is going to fire me because i wont change my availability to work sundays. Ive been having sundays off for a few yrs. Im available to work anytime except sundays and they knew that. If i do get fired will i get unemployment?
This answer assumes your claim would be in Oklahoma. There's nothing wrong with limiting your availability, but this case is one where the details matter. Things that OESC will take into consideration include why the employer is making the request, whether the request to work Sundays is temporary or permanent, the reason you're not available Sundays, how long you have not been available Sundays, & whether you've worked Sundays in the past. There may be other factors, but those are the ones that stand out to me. But at the end of the day, if the employer fires you for this reason, they have to show that your limited availability is misconduct the way the law defines that in order for your claim to be denied. If they cannot show misconduct, the claim must be approved. It sounds like the employer may be making a business decision to require you to change your availability. The employer's business decisions are rarely misconduct.
In Oklahoma, there is no requirement for you to sign a write up, whether it's a warning given during employment or the final one when you're terminated. I cannot comment on whether a signature is required in other states.
My boss cant prove it because there was no paperwork signed..she told me just to get out..she didn't say anything else ...so what is my status, If she dont have to have a reason, does that means I'm eligible for unemployment benefits
This answer assumes you're in Oklahoma. Just because the employer did not give you a reason when you separated does not mean you are entitled to receive unemployment benefits. When you apply for benefits, the employer will be giving an opportunity to protest the claim. They can choose not to respond, but if they do, they'll likely tell OESC why you were separated. OESC will ask you for info too. Then, based on the info they get from you & the employer, they'll make a decision about your entitlement to benefits.
I wonder will i be able to apply for unemployment. Im currently working 3pm-3am. Now they lost the 3pm-3am contract. And they wanting me to work 9pm-9am and i can't
Assuming you're in Oklahoma, it depends on several things. Some things that they take into consideration is the reason your shift has changed, whether you've worked that type of shift before, the reason you can't do it, whether it's a temporary or permanent request. If you'd like to talk through the details of your particular situation, schedule a consultation & let's talk about it.
Hello, I live in new jersey and have a question, I’m a graphic designer and I recently walked out from my job because the owners wife but she dont work there, asked me to clean bathroom and to throw away garbage snapping finger telling me what do i pay you for, and told me if i dont like it I can get the f out, i felt disrespect and walked out, so my question how should i aproach applying for unemployment
I was terminated from my job that I worked 12 years I was fired for excessive tardiness I work a overnight job part-time 32 hours a week. Do you think I can still work that job and get unemployment? From the job that terminated me As long as I report my wages
No. In Oklahoma, the law defines "unemployed" as working less than 32 hours per week. If you're working 32 hours or more, you are not "unemployed" and would not be eligible for unemployment benefits even if the reason you lost your other job is one that qualifies you for benefits.
Hello my name is Julio I got hurt in my Job a forklift ran over my feet and fractured my feet I passed my drug tests 2 months later they fired me they said it was my fault can I get denied
Ouch! I hope you've recovered well from that injury. In Oklahoma, the definition of misconduct includes violation of a safety rule. If the employer can prove that there was a safety rule that you knew (or should have reasonably known) & you broke it, contributing to your accident, then yes, your claim can be denied.
I'm sorry but I am not licensed to practice law in NYS, so I'm not able to answer your question. To find a lawyer in your state that may be able to help, check the National Employment Lawyers Association website: exchange.nela.org/memberdirectory/findalawyer
Hello I just got fired because I kept messing up, it was a work from home position, it was Data Entry, they keep warning me that I was messing and they one more mistake they would fire me, I was with the company for 7 years. Will I get unemployment????
This answer assumes you'd be filing an Oklahoma claim. This sounds like a performance issue, which can sometimes be tricky. If you were a new employee & were making mistakes because you just couldn't "get it," that's a claim that would be likely to be paid. Since you'd been there for quite awhile, it's a tougher question. What was the reason for the errors? Was there something new about your job that was contributing to the errors like new software, new process, etc. Were you having a health issue? Or was it simply inattention to detail? This is one of those types of claims that you'll just have to file the claim & see what happens. There's no harm in filing. Good luck!
I cannot advise you on whether you should or should not apply for benefits. If you resigned, you will have to show (A) that you quit for good cause connected with the work or (B) that your injury required you to be off work longer that your employer would allow or your injury required you to change jobs. In either case, you will have to be able & available to seek and accept work in order to receive for benefits, assuming your claim is allowed based on your reason for separating from the job.
Hello I live in California I was let due to attendance for most times not have anyone to watch my baby and toddler I was let go when I went in after missing a week because my husband got in an accident and was in icu for a week will I still qualify?
I'm not able to answer this question for you because I'm not licensed to practice law in California. Some states, like Oklahoma, have a law that may assist in this situation, but I am not familiar with the laws of CA. I encourage you to contact their unemployment department for help.
I’m in Texas. I got terminated from a job in late March. I applied for unemployment 2 days after. And they excepted me. But job decided to appeal me 4 months later. What should I do
Hi Danielle. I'm not licensed to practice law in Texas. However, generally speaking, the appeals department likely sent you some instructions on how to navigate the appeal hearing process. I would review those instructions carefully. They'll answer most of the questions you may have. If you need help finding an attorney to help you, you can visit the National Employment Lawyers Association website & do a search. NELA is a group of attorneys that represent employees in a variety of employment issues. exchange.nela.org/memberdirectory/findalawyer
Will be put on a PIP(performance improvement plan) but not hitting the marks be consider misconduct? Assuming that you did everything that you could to hit them. Like, have a mark to sell 100k but u only hit 90k and they fired you.
This answer assumes you're talking about Oklahoma. Generally speaking, the situation you've described is not misconduct. However, every situation is different. Sometimes 1 or 2 things can change the situation to one that would not qualify for benefits.
My employer said, if you don’t sign this Resignation agreement then you can’t apply to the unemployment benefit, I know it isn’t true, and the document state that I won’t sue then for nothing after all . Not sure if that proposal is just a promise that they are not going to present something to prove misconduct to the unemployment department just if I commit don’t sue. Because I know I need to prove that wasn’t my fault to be elegible and they know that, then why they ask don’t sue? maybe because the fact to say to the unemploinment department if it was discrimination is not the same as suing ?
I know they can build an argument agains me, based on some stuff that they allow to do normally to everyone but they must not allow that. If they want hurt me they can . Then better if I sign and spect the better from them, if not, try to appeal presenting evidence if they acts agains me?
In Oklahoma, it is against the law for an employer to have you waive your rights to file for unemployment. 40 OS 2-301. Filing a claim for unemployment benefits is your statutory right. If you're not in Oklahoma, you'll want to check with your state's unemployment agency to confirm that this is true in your state.
Hey my job plans on firing me due to transportation.I changed my schedule but they tell me my availability isn’t fair to other workers but I don’t make enough or get enough hours to even save up for a car plus I pay for rent and it takes me two checks to come up with 600 so it’s a struggle to even pay all my bills if they let me go because I keep calling out or showing up late can I be eligible for unemployment?
In Oklahoma, the definition of misconduct includes excessive absenteeism or tardiness. If that's the reason for your termination, your unemployment benefits may be denied.
Unemployment Hello i was fired due to no call no show ,I did have an appeal hiring my hr was there , we did discuss about it but one of the missing day was due to me been uncomfortable working in a new nursing home I never been to , I also call 2 days ago to let them know I was comfortable working in a new place . Second missing days was due to an am shift I was supposed to cover up but couldn’t do it because the staff at the facility told me my name wasn’t on the schedule and since that was my last shift been up for the month I didn’t let my supervisor know. I got fired with no notification or call from them and my agency did not even check if I was at the facility or what even happen. but right now I am in school and my living situation is really worse so I wonder if I’m going to win ?? I did say all of this to the judge but I feel like I miss some thing during the hearing process so I’m really scary the may denial for misconduct but I’m praying for positive account because I feel so vulnerable dealing with this
@@herstunning3695 I'm not licensed in MN & do not practice there, so I'm not familiar with how they would address this situation. In Oklahoma, 98% of the time, your personal life isn't a factor. The question is whether the reason you were fired is misconduct *connected with the work*? If there's an attendance policy & your attendance record violated it, then almost every time, misconduct will be found. Your personal circumstances may be taken into account if there's a domestic violence situation or medical issue with you (or an immediate family member). But even then, there are usually some additional requirements that must be met before the claim can be paid.
Hello I got fired because I got into the argument with two co-worker there was two against me arguing mother and daughter team and they lied and said that I was going to fight them but but come on two against one does that make sense I wish I was kind of nervous I was arguing back am I entitled for unemployment?
Hi Auria. Sorry that happened to you. I can not give you a definite answer about whether you would be entitled to unemployment. Fighting on the job (even verbally) can be a tricky. OESC will review whether your employer has a policy about that & what steps you could have taken in that situation instead of arguing back. Another factor is whether you'd been warned about similar behavior in the past. If your case in Oklahoma, I'd be happy to discuss this further & could maybe give you a better idea of how things would go. You can use the link it the description above to schedule a meeting with me.
Hello how are u??? I'm dionicio. Just quick question,, or u opinion.... I had been fire from my job, I did unemployment I didn't califique for benefits.. cuz they say I got fire fore bad conduct I didn't tell my boss that I was needing off some days off work.. but I did... and I do have pruff of it.. I didn't I hot fire 3 of octuber. , On September 29 , 4:40 am my vehicle didn't start bad battery,.. and we suppose to meet at 5:15 I wasn't be able to make it.. the job was 2 hours away and I suppose to be at office at 5 15 to go with them.. so.. I call .. big boss he say to let my forman knows and I did... I still have the phone calls and texts.. .. well next day I show up 15 minutes early.. at 5:00 well they was gone.. and meeting time was 5:15 I know cus there is a paper on the office that I sight and it says 5:15... well I didn't work that .Friday. .. and next Monday I didn't went to work cuz I have doctor appointments for my hand thati broke at work some guy hurt me intentionally... well so I didn't go to work.. and they know about my doctor appointment cuz they insurance was playing plus I did tell my forman a week earlly... do what do u think.. or what can I do I leave in amarillo tx the company is j lee milligan.. m
I do not practice law in Texas. I cannot comment on how your case would work. However, you should have appeal rights to the decision that denied your benefits. Review the notice you received for more information.
Oklahoma follows the employment at will doctrine, so the employer does not have to give you a reason for letting you go. It's not uncommon for an employer to not give a reason when they separate someone, especially if they want to avoid conflict or are too chicken to give the reason. But even if the employer does not tell you why you're let go in that moment, in Oklahoma, they still have to prove to OESC that the discharge was for misconduct to have the unemployment claim denied.
I have a question. I was let go because said they couldn't work with me because he or them couldn't get slong with me, all because I fuss at them about doing the job right. Can i still get my unemployment
Hi. Thanks for your question. My answer assumes your case is in Oklahoma. This situation is one where it would be super fact-specific. I can see that benefits could be allowed if the employer just decided to make a business decision to let you go. However, if there has been a history of discipline - especially for issues about getting along with coworkers - I would expect the claim to be denied. If you'd like to discuss the details of your case, please feel free to book a call.
Yes how can I book a call. Yes I guess he made a business decision with the other candidates at work. He told he was gonna see what they wanted to do. It's all in the messages in my phone
@@finessedakid5495 I'm not licensed in Georgia, so I won't be able to help with your question. However, you may want to check out the National Employment Lawyers Association to find an attorney in your area who can help. exchange.nela.org/memberdirectory/findalawyer
Hello, I just found your channel, I have a question. I live in Florida and in May of 2021, I quit my job for school and in July of 2021, I got another job, this was when pandemic began and I got fired on August 2021. Then I applied for benefits ever since up until November of 2021 that I got a notice telling me that I have been overpaid. I got a hearing and a decision was mailed a week ago that the overpayments are affirmed (means I have to pay it). I don't agree with it so I filed for another appeal today in my account. I honestly don't understand.. Isn't the unemployment based off a job that fired someone? They are saying I got disqualified based of the job that I quit not the one that fired me. Are you able to assist me with this please? Thanks, I will really appreciate it
Hello. I am happy to help if your unemployment claim is in Oklahoma. I'm not licensed to practice in Florida. However, generally speaking, unemployment benefits can be based off of wages earned from multiple employers, whether that includes your last employer or not. It really depends on what your state's laws say about how they calculate the benefit amount.
A termination for excessive absences or tardies is part of the definition of misconduct, but that doesn't necessarily mean that your benefits will be denied. Things like whether the employer follows its own policy or other extenuating circumstances factor in. There is also a "no fault" type of separation that can sometimes apply when there is a medical issue. But it has to be something more than just calling in because you're sick. I'm happy to discuss the nuances of this with you to see if your particular situation meets that requirement. You can schedule a call using the link in the description for this video.
Thank you for this ! I'm in MD and I got terminated from my local trucking job for having 3 minor accidents within a 12 month period. Does this count as misconduct? Will I be able to get benefits while I look for another job. I think this policy is ridiculous in trucking especially if they are minor, but it doesn't matter the severity three and you're out that's their policy. Anyway thank you!
@@domquan3416 Thanks for your question. Since I don't practice in MD, I can't comment on whether your circumstances would be misconduct under Maryland's law. You may try searching for other cases like yours. Most states publish a precedent manual of prior cases that show how the law is applied. Usually the manual is available on the state's unemployment website.
hi i am in California and been at my job for one year and i never been late or missed a day at work and i am a excellent employee .. but i have a beard and i am going to get fired if i dont cut it ...............can i get unemployment benefits if i dont cut my beard ... thanks in advanced
I'm not licensed in California. In Oklahoma, whether you qualify for unemployment benefits in this circumstance would depend on 1) the reason the employer wants you to cut your beard & 2) the reason you're refusing.
First, if this period of employment is the only employment you've had in the last year, you may not meet the monetary requirements to qualify for a claim. Generally speaking, you will need wages in 2 calendar quarters to qualify for a claim. Second, whether you can receive benefits depends on the reason you were fired. If you were fired for a reason that is considered misconduct under Oklahoma law, your claim will be denied. The only way to know for sure if you qualify is to file a claim.
Assuming you're in Oklahoma, it may be difficult to qualify for benefits in this case. Excessive absenteeism & tardiness are misconduct according to the definition in the statute, and the employer's point system is how the employer defines "excessive." However, if your absences were the result of your health or illness or that of an immediate family member, it's possible that you may qualify for benefits under compelling family circumstances (40 OS § 2-210). There's a bit more to qualifying under that section of law, but it does give an option in cases of discharge due to attendance.
Talk about SUCKS, I was terminated, and given the reason it isn't working out, no misconduct, so I was like, YES. One issue, in PA (don't know about other states) an organization is able to get an exclusion to paying into Unemployment Compensation, meaning, I still can't collect, because of the fucking religious clause in the laws. I can't even tell you how mad I am!!!
You're right: There are some employers who are not required to participate in the unemployment program. Religious institutions are not the only ones who are exempt. In Oklahoma, non-profit organizations & tribal governments are two other exemptions that come to mind. However, even when a business is exempt, thay can opt-in so their employees can claim unemployment benefits if/when the need arises. In Oklahoma, nearly all the tribes opt-in, though they are not required. The state laws define who counts as an employer & who doesn't (exempt) AND what counts as covered employment for unemployment purposes. Here are Oklahoma's laws on these 2 topics. Employer 40 OS § 1-208 www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=77140 Employment: 40 O.S § 1-210 www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=77144
@@kathybushnellesq Thank you for replying, Kathy. Wow, I had no idea this was such a "thing." So I have reached out to an employment lawyer to see if we can fight this, regardless, if an exception could be made by the state board or something. What do you think? Am I wasting my time, or should I try to get it? I really need UC right now, I'm gonna be broke soon. 😕
@@holeesheet2021 You're in a state where I'm not licensed to practice, so I can't comment on how PA would handle this. In Oklahoma, it's not up to the state whether an otherwise exempt employer is covered. It's a choice the employer has to make since they're the ones who will be paying the unemployment taxes that fund the program. I would encourage you to do what you're doing - check with a local attorney to see if there are any options.
Workers comp is a different program from unemployment. Workers comp provides benefits for on-the-job injuries; it's not about work performance. If you're asking whether unemployment can be denied for poor performance, it depends (I know, lawyer answer!). If the poor performance is because the employee just can't do the job, then unemployment can be paid. But if the poor performance comes after the employee has shown that they can do the job, benefits may be denied. It really is a case-by-case determination.
@@kathybushnellesq I was fired after my 90 day because said she claimed after she have informed me of my duties repeatedly … my peers said I was not doing my job … she was a manager and Hr person on the corporation… so she pretty was a coward who needed a baby sitter of the employees she hired … when I arrived these first week everyone was nice .. the second everyone had attitudes … I would follow her directive to correct a direct report … they would get upset for some reason and run to her she would switch up her directive when the person was I her presences and me being the site supervisor made me look incompetent even though I have been I healthcare manager ( I was a site supervisor at this clinic) she would never have my back on anything … when I would clearly follow her directive … it never was a united front … so this was riddled with toxic gossip and racial discrimination… I was seen as too nice/ doormat when I have gave everyone the utmost respect … at a point I gave up because If did my job and held a person accountable and they didn’t like it they whined to her And because she was HR too she would never write anyone up …. So she basically had their back and let me go because they didn’t like me for whatever reason! And I know in Ga it’s an at will state and they can fire you for anything basically! … this was a little back story of why I was fired !!
Racial slurs NEVER appropriate, especially in the workplace. But whether you can receive unemployment in OK will depend on the details of your situation. If you had previously been warned or counseled about this issue, or if there's an employer policy that prohibits your behavior, then your claim will likely be denied. However, it's a remote possibility to be approved for benefits in this type of situation.
The phrase is usually "break in claim series." It means that instead of filing weekly claims/receiving benefit payments every week, there was a break of 1 or more weeks. For example, say you'd been receiving benefits every week but were denied for 1 week because you were out of town or didn't do your work searches, and started getting benefits again the next week. That 1-week you were denied is called a break in claim series.
Employers get away with way too much its frightening.I worked at a convenience store and my advise is do not ever work there. At least be very, very careful. Verbal abuse, harassment, bullying being denied breaks, being spoken to like we have no value at all. Like we have no feelings was awful.
That sounds like a bad experience! I agree - there are times when employers win when they shouldn't. But there are lots of times that employers lose too.
I work for unemployment in the State of Maryland, keep a paper trail on your employer through TEXT, go online and read the policies if you are not given a handbook. Any time off document it very well , rather that is sick ,family emergency where FMLA is needed. If it is not a misconduct type of situation, as the woman is stating. It is possible to get your unemployment. Many employers may not give you warnings, however I have been seeing A LOT of employers paying back employees, especially when won on appeal. You always have a right to file unemployment.
I got written up 3 times, then they let me go, and I still got unemployment....then there was a time I was denied, and I appealed it and got unemployment....don't believe the hype!!
What did you put in separation explained section?
@joshgates2671 laid off due to restructuring.
WELL MAYBE YOU CAN ANSWER MY QUESTION I QUIT MY JOB BECAUSE OF VERBAL ABUSE, LINE LEAD MOCKING MY VOICE BECAUSE I STUTTER AT TIMES, AND MOST IMPORTANTLY DENYING BATHROOM BREAKS EVEN THOUGH THEY KNEW THAT MY HIGH BLOOD PRESSURE MEDS INCREASED URINATION, DO I HAVE A CASE?
I ALSO WENT TO HUMAN RESOURCES THREE TIMES AND THEY WOULD NOT DOCUMENT ANY OF MY VISITS WITH THEM.... I LIVE IN MISSISSIPPI
@dsakjet78 Do u have documentation of any of this, even a slither.....I would still apply, and write out exactly why u quit. They did this to my mother back in the late 90s, and she got unemployment....but I realized those were different times. If they deny u'r claim, appeal it. Then it will be presented to a judge & they will make the final decision....Fight for yourself and don't believe the hype!!!!
I was fired, (bc we were overstaffed) but manager claims I was who dumped some papers on the shred that should’ve been done however there is no proof. Why was she looking in the shred box & second I was not the only nurse working on fax refills. Mind you, if the is a fax asking for a refill all we do is go on the patients profile, if its a maintenance medication within 3 month visit we send it electronically, if theyre not due for a refill we give them a call. Manager was so vague didnt even show me what the deal was or what paper
Would that be a reason I could file for unemployment or wrongful termination
from the time I was 16 until I was 28, I lived and worked in Oklahoma and never experienced anything horrible from any employer including being lied about. I moved to Colorado in 1990 for a career job and saw the most egregious abuse to employees that I could ever imagine out of every corporation that I worked for. Colorado is an “at will” State, meaning that an employee can be fired for no reason whatsoever at the will of the employer. This makes it impossible for someone to ever prove a sexual harassment or gender discrimination or age discrimination case. The employer does not have to state why they are firing the employee and when the employee tries to get unemployment benefits, they are denied and there’s no reason given for that either. When I owned a small art gallery, I was threatened by the state of Colorado that I had to pay unemployment tax even though me, my husband nor my son were ever receiving one dime of wages while we were trying to get the business started and we were all working outside jobs to pay for the business expenses because the gallery was not self supporting for the first few years. I refused to give the state of Colorado one red cent for unemployment because none of us were actually employed but we’re just volunteering so we could get our business going. I have to wonder what happens to all that money that all of the corporations are paying into the state of Colorado when people do not get unemployment benefits and I have been told by a Colorado state representative that employers often lie to the department of labor telling the department of labor that the employee has quit their job so that unemployment benefits will not be paid to the employee. The state representative actually told me that employers do this constantly so that their unemployment taxes will not increase because no one is ever getting unemployment after job separation. How much more vile and corrupt can our country really become? I have friends that have left the United States over a decade ago and are working in Russia and tell me that it is the most wonderful place and that a great amount of the population are Christianized because they came out of horrible communism and the people are so grateful to even be alive after over 100 million of them were murdered by the God hating communist regime of the Soviet union. They are apparently a very moral people now and treat each other with a tremendous amount of respect which is the extreme opposite of the way Americans behave and treat each other. Yes, I realize that all of us have been tremendously lied to by our media, our Government and our education system. I truly believe that we are living in one of the most corrupt countries that the world has ever seen and yet everyone is intentionally blind because they just cannot admit that this has been a horrible failure when you create a system that is the equivalent to a large plantation full of slaves all in the name of Fascism (the marriage of government and corporations). we can honestly state that our system is 100% fascist benefiting only oligarchs, government employees of every flavor and big corporate mafia bosses all crammed together an operating a massive organized Plantation. The only way that people can come off the plantation is to refuse to be involved in banking, finance, being employed by corporations or government and actually hand manufacturing products they sell for cash or farmed commodities that they can sell for cash, living off grid in their own property that’s completely paid for (getting their Land Patent) and participating in local networks of people that are doing the same things. I have experimented with this and it’s working extremely well. Call it a network of people operating outside of the norm and of those who are willing to defend their property with their own lives should they suddenly be attacked by the plantation mafia and their thugs. Imagine a massive amount of FREE PEOPLE, refusing to be corporate slaves, living like our ancestors who founded this country in the 17th century and refused to be enslaved by the British, French or Spanish. Modern FREEMEN AND FREEWOMEN utilizing technology to have beautiful and functioning off-grid homes, working for their own benefit and refusing to be fleeced by wickedness.
Thank you for sharing your thoughts. There certainly is room for improvement in the unemployment program (at least in Oklahoma - I can't speak to how the program operates in other states) & the nation's government as a whole.
If you were fired for misconduct even if you had documentation for majority of those days is there a possibility of still winning your appeal hearing?
Hi Adrian. My answer assumes your claim is in Oklahoma. The statutory definition of misconduct includes "unapproved or excessive absenteeism or tardiness." However, if your absences or tardies are the result of a medical issue, there's another law that might come into play. Oklahoma's unemployment program includes a separation due to compelling family circumstance. I like to think of it as a "no fault" separation. You can get unemployment benefits & your former employer's tax rate increase may be waived. (See 40 OS § 2-210 & 40 OS § 3-106). Compelling family circumstances factors in when, due to your medical condition (or in some cases, a family member's illness), you have to be off work longer than your employer is willing to grant paid or unpaid leave or a doctor recommends that you change jobs. It's not your fault that you've got the issue causing the absences & it's not your employer's fault that they can't keep giving leave. This law can allow for a win-win situation for you & the employer. Feel free to book a call with me if you'd like to discuss the details of your case. I can give you a better idea of how this law might apply (or not) to your case.
@Katherine M. Bushnell, Attorney at Law, PLLC yes ma'am I'll give you a call. Thanks so much for replying so quickly.
Hi. A nice video. I’ve been to OK but I live in MD. If you’re let go or terminated not from misconduct but from unsatisfactory work performance happening seven years after being on the job but with newer management, can one still collect unemployment? I’ve done lots of research and I found the answer is generally yes. Not from any misconduct but only unsatisfactory work performance. Any information would be helpful. Thank you.
Thanks for watching my video. The general federal guideline is that a discharge for misconduct disqualifies you from receiving benefits. It's up to each state to define "misconduct" for their state. Since I'm not licensed to practice law in MD, I can't comment on whether unsatisfactory performance would disqualify you. In Oklahoma, there are many factors that are taken into consideration for a performance discharge. Factors include (but are not limited to) whether warnings were issued, whether you were ever able to successfully perform the work, and whether the reasons you couldn't meet the expectations were in your control. I hope this helps. Good luck!
I’m in Oklahoma. I was fired two months ago after a month long’s worth of technical issues (I worked remote for a call center). I experienced technical and internet issues that required me to call out after 45 minutes of said technical issues a day (company policy). After making my supervisor aware of said issues and attempting to troubleshoot with the company’s IT department with no luck, I ended up having to call out everyday ~5 hours into my shift. Employer ended up firing me citing “reliability” and “absenteeism”. I was given a formal warning, however, I had been transparent about my constant technical issues with proof. I was denied unemployment benefits and have an appeal coming up. Employer cited misconduct, but the situation was out of my control and I tried my best to resolve the issues and kept my employer in the loop 100% of the time. Do I have a chance at winning my appeal?
That sounds like a tough situation! Your employer cited misconduct because that's what the statute says they have to show. I think your case really depends on the specific details of what happened. Things that can factor in include whose fault the technical issues were, what steps were taken to address the issues, what alternatives (if any) there were to working remote, what the employer's policy says about this kind of situation, etc. Whether you can win the appeal may also depend on whether the employer shows up for the hearing. It's much easier to win if you're discharged & the employer doesn't show. I'd love the opportunity to speak to you one-on-one about this. Feel free to use the link in the description to schedule a call with me.
Hi, I have a question. Will I lose my benefits? Does Oklahoma consider lack of transportation a good cause of not being able to accept work? I was offered a job and I took the job at first. I went through background check process. I fill out all paperwork. When it background came back, i could not take the job anymore due to being in a car accident. My car is not drivable so lack of transportation.
No, lack of transportation is not good cause for refusing a suitable offer of work. You are not required to have a car, but you do have to have a reliable way to get to work. Depending on your area, you can walk, ride a bike, take public transportation, etc. Any of these things (or others - be creative!) will satisfy the "reliable way to get to work" requirement.
My employer is terminating me because I missed days of work that were approved by them and also I told them I have screenshots of misconduct text messages from employees outside of work and they told me it’s illegal to take screenshots of staff conversations even outside of work
Sorry to hear that you're being terminated. What question do you have about Oklahoma unemployment related to this situation?
Hello. please help. I was fired from a moving company for having a so-called "attitude" that I was unaware I ever had. I worked for this company for 2 months and one day there was no elevator available at the assisted living facility that the client was moving to. We had to use the stairs and I jovially (while smiling) mentioned needing some water after dozens of trips. the team lead called the owner and I was let go. I'm in great shape and was not bitter at all about getting through the move. My language remained professional and palatable throughout the whole day.
I'm sorry you lost your job. What question do you have about how your situation relates to Oklahoma unemployment benefits?
I got fired because I would not go to work on Sunday. I have need work on Sunday. When I was told I said my Sunday are blocked. Because we were told to block the days you don’t want to work. My unemployment was denied by my employees.
This answer assumes your claim is in Oklahoma. There are LOTS of factors that go into the analysis of this type of case, such as how long you were employed, whether you've ever worked Sundays, the reason you were not available on Sundays, whether the employer's request was a permanent or temporary request, how the conversation when between you & the supervisor (or person making the request), and whether you had received any past warnings. If you disagree with the decision & think there's additional info that should be considered, I encourage you to file an appeal. If your claim is in Oklahoma & you'd like to discuss it with me, I invite you to book an appointment: kathybushnellesq.com/schedule-a-meeting/
Thank you for this vid. Very helpful. If I get fired and the job asked me to sign paper work of any kind do i HAVE to sign what they hand me in order to get approved for unemployment? And how do you PROVE that you were wrongfully fired when you no longer and come back to the job?
Hi Aimee. In Oklahoma, there is no required that you sign any of the employer's paperwork in order to get unemployment benefits. In Oklahoma, if you are fired/terminated/discharged, it is the employer's burden to prove the reason was misconduct connected with the work the way misconduct is defined in Oklahoma law. Your burden is to show that the employer's facts are wrong or that they way the are presented do not meet the definition of misconduct. Wrongful termination is something different that unemployment.
@@kathybushnellesq wow thanks for the quick response. So if I get fired, shld I sign the paperwork they give me? What if it says I can't apply for unemployment bc by signing I agreed to why they fired me, even though I dnt?
@@kathybushnellesq I live in oh
@@LoveAimshigh I cannot advise you on Ohio law. Whether you choose to sign paperwork is entirely up to you. Oklahoma has a law that prohibits an employer from trying to interfere with your right to file for unemployment. I would suspect that other states have the same law. Check with your state unemployment office for more info.
My employer said almost the same, they told me, if you don’t sign this Resignation agreement then you can’t apply to the unemployment benefit, but the document state that I won’t sue then for nothing after all . Not sure if this is just a promise that they are not going to present something to prove misconduct to the unemployment department just if I commit don’t sue. Because I know that I need to prove that wasn’t my fault and they know that, then way they ask don’t sue, maybe because the fact to say to the unemploinment department if it was discrimination is not the same as suing ?
What about in jobs like the car sales industry? I met monthly quotas and sold more than other ppl but got fired for no reason. He refused to give me one.
Most states follow the employment at will doctrine regardless of the industry. Employment at will is the doctrine that says the employer can fire you for any reason or no reason, just not an illegal reason. The employer may even fire you for a morally repugnant reason. But the reason cannot be illegal. In Oklahoma, even if the employer doesn't give *you* a reason, they still have to give one to OESC for your claim to be denied. OESC will attempt to contact the employer to get information about why you were fired. The employer can choose not to respond. OESC will make the decision about your claim based on the information they receive, regardless of whether the employer participates.
My ex employer said that I cant apply and that they will deny it. I recorded it… I was fired because of a racist post that was posted to the company website and it was just retaliation after that from my boss. I was hired by another department and my boss setup me to get me fired.
1. You have a statutory right to file for unemployment. 2. Your employer does not make the decision about your claim. They can protest, but they don't get to decide.
Can you show me how to file the right way a website or something please I’m in New York thank you
I cannot advise you on a NY claim because I'm not licensed in that state. However, a google search for "new york unemployment application" led me to this state-run website: dol.ny.gov/unemployment/file-your-first-claim-benefits
I was working for the company for 1 year and I just got fired for missing 1 day. Can they do that to me? (I live in Florida by the way)
I'm not licensed to practice law in Florida, so I can't comment on whether it was ok for your employer to fire you for missing 1 day. In Oklahoma, the employer can absolutely do that. Oklahoma is an employment at will state (most states are), so the employer can fire its employee for any reason or no reason, just not an illegal reason. But whether the employer has the right to fire its employee is a different question than whether the employee can receive unemployment benefits. In Oklahoma, the employer has to prove the reason for termination was misconduct connected with the work in order to have the claim denied.
Hello can I get unemployment if I get fired do to the manger sexually harassing me ?
In Oklahoma, the employer has to demonstrate that they fired you for misconduct the way that's defined in the law (the video explains that definition). If the manager was sexually harassing you, that's not something you did. If you were fired for complaining about sexual harassment, that's not a discharge for misconduct either. If you were being sexually harassed at work, I encourage you to check out the EEOC's website for information about other types of claims you may be able to file against your employer. www.eeoc.gov/sexual-harassment
I was fired because I had gotten sick. I had food poisoning period I was in the hospital and they would not accept that so he fired me
I'm sorry that happened to you. Food poisoning is the worst!
You didn't ask a question, but I'm guessing you're wondering if you can get unemployment if that absence was the reason you were fired. It depends. In Oklahoma, unemployment will consider things like your attendance history including prior warnings, the employer's attendance policy, and whether you gave proper notice of your absence. They'll also consider any other warnings or discipline you may have received during employment.
I am in Texas and my claim was declined because I was fired. I was fired for "a conversation I had with manager George..." I was terminated for voicing my dislike of Sexual harassment in the workplace. I filed a complaint with the EEOC and they have taken my notice seriously and this previous company has 1 month to mitigate. I was wondering, is this a legitimate reason to decline my claim for unemployment?
Hello. I'm not licensed in Texas, so I cannot comment on how Texas unemployment applies to your separation. In Oklahoma, if the sole reason you were fired was for filing a complaint about sexual harassment - especially if the employer has a sexual harassment policy - it would be unlikely that your claim would be denied. However, if there are other things that factored into the separation, they could influence the outcome of the case.
@@kathybushnellesq thank you for the insight Katherine.
I’ve been at my company over 6 years, got my first Wright up yesterday. They are trying to force me to work more hrs. I let them know before that I am unable to work the extra hrs.I’ll have three Wright ups by the end of week and I’m sure will be terminated. Currently work from 7-4.
Any chance I would qualify?
It depends. There are times that a change in the hours the employer wants you to work can be a reason you qualify for unemployment. But there are also times that it isn't. Things that can factor in are whether you've ever worked extra hours before, whether their request is temporary or permanent, the reason for their request, etc.
I just found out that I was fired when unemployment sent me a discharge questionnaire. My last day of work was two weeks ago and he told me that he had to let me go because someone said I kept telling others to slow down. So today when I found out I had to fill out the questionnaire I texted him to see if he would respond so I can get documentation of why I was fired and he said exactly the same thing and unsatisfactory performance! I’m a union working and I getting laid off every winter and unemployment is how I survive. Do you think I have a legitimate shot at getting benefits if I submit that text message?
This answer assumes your claim is in Oklahoma. I can't say whether your particular case will be approved. However, a discharge for poor performance can also allow someone to receive benefits AS LONG AS the reason for poor performance was not intentional. In your case, answer the questionnaire honestly & return it by the deadline. If you think the text message is helpful, the submit a copy with your questionnaire. Good luck!
Hi, my name is Vincent Tancredi. I had to leave my job because I lived somewhere for 25 years and they were selling the house and my wife passed away and I was in serious drama depression and I had to go to where I could still live somewhere that was out of state, I loved my job but my living arrangements I didn’t have a choice and my wife passed away me over the edge and every way I didn’t know if I was coming or going so I had to leave the state and they knew I was leaving. I told my manager, he knew so I thought I was coming out to where I was going for a job and that panned out that didn’t happen so I had no money and I still have no money but I filed for unemployment and I got denied so now I am appealing it and still waitingso do you think I have a chance to get it? Thank you.
Hi Vincent. I'm so sorry for your loss. If your claim is in Oklahoma, this would be a hard case to win. The overall mission of unemployment is to pay benefits to people who are unemployed through no fault of their own. When you are the person that leaves the employment (as opposed to being terminate), in most cases, you have to show that you had good cause *connected with the work* for leaving. In Oklahoma, there is another law that can come into play when there is a health issue involved, and mental health counts. So there's a possibility that that law could apply to your case, but I can't be sure based on what you've shared here. If your claim is in Oklahoma, I encourage you to book a call with me so I can give you a better answer.
I have a question I got terminated from my job the reason not meeting expectations of the role will I be awarded benefits?
In Oklahoma, this is a reason benefits *may* be paid, but it's not a guarantee. Consideration will be given to whether you ever met expectations, whether any warnings had been issued, whether training was available/offered/requested, and the ultimate reason the expectations were not met.
I have a question can I get unemployment if I was terminated for misconduct for reason for leaving the company without authorization after break 30 minutes go home and grap a snack really quick be on time. I have seen other people leave company there’s a gas station nearby and they don’t get fired.
I'm assuming you're in Oklahoma. This is one of those cases that will really depend on more details than what you've provided. OESC will look at things such as (like you mentioned) whether other employees are allowed to do the same thing, what the company policy (if any) says, whether you've got previous warnings for the same or similar behavior, whether you've got previous warnings for other behaviors, etc. The only way to know for certain if you qualify for benefits is to file the claim.
I was approved for unemployment even though I was fired. Should I get a lawyer because I do think I was wrongfully terminated?
The standard for receiving unemployment benefits is very different from the standard for wrongful termination. Many claims (but not all) for wrongful termination involve some type of discrimination. You can check out the EEOC's website for more information about the types of discrimination that can form the basis of a claim. In any event, if you think you have a claim for wrongful termination, you should consult with an attorney in your state as soon as possible. eeoc.gov/
My job is going to fire me because i wont change my availability to work sundays. Ive been having sundays off for a few yrs. Im available to work anytime except sundays and they knew that. If i do get fired will i get unemployment?
This answer assumes your claim would be in Oklahoma. There's nothing wrong with limiting your availability, but this case is one where the details matter. Things that OESC will take into consideration include why the employer is making the request, whether the request to work Sundays is temporary or permanent, the reason you're not available Sundays, how long you have not been available Sundays, & whether you've worked Sundays in the past. There may be other factors, but those are the ones that stand out to me. But at the end of the day, if the employer fires you for this reason, they have to show that your limited availability is misconduct the way the law defines that in order for your claim to be denied. If they cannot show misconduct, the claim must be approved. It sounds like the employer may be making a business decision to require you to change your availability. The employer's business decisions are rarely misconduct.
i have a question
if u get Terminated by the manger don't you have to sign your write up and sign it. n manger will go over the write up with you?
In Oklahoma, there is no requirement for you to sign a write up, whether it's a warning given during employment or the final one when you're terminated. I cannot comment on whether a signature is required in other states.
@kathybushnellesq o well I already hit them HR with the lawsuit
My boss cant prove it because there was no paperwork signed..she told me just to get out..she didn't say anything else ...so what is my status,
If she dont have to have a reason, does that means I'm eligible for unemployment benefits
This answer assumes you're in Oklahoma. Just because the employer did not give you a reason when you separated does not mean you are entitled to receive unemployment benefits. When you apply for benefits, the employer will be giving an opportunity to protest the claim. They can choose not to respond, but if they do, they'll likely tell OESC why you were separated. OESC will ask you for info too. Then, based on the info they get from you & the employer, they'll make a decision about your entitlement to benefits.
I wonder will i be able to apply for unemployment. Im currently working 3pm-3am. Now they lost the 3pm-3am contract. And they wanting me to work 9pm-9am and i can't
Assuming you're in Oklahoma, it depends on several things. Some things that they take into consideration is the reason your shift has changed, whether you've worked that type of shift before, the reason you can't do it, whether it's a temporary or permanent request. If you'd like to talk through the details of your particular situation, schedule a consultation & let's talk about it.
Hello, I live in new jersey and have a question, I’m a graphic designer and I recently walked out from my job because the owners wife but she dont work there, asked me to clean bathroom and to throw away garbage snapping finger telling me what do i pay you for, and told me if i dont like it I can get the f out, i felt disrespect and walked out, so my question how should i aproach applying for unemployment
Thank you for your question. I am not licensed to practice law in New Jersey so I cannot speak on the laws of your state.
I was terminated from my job that I worked 12 years I was fired for excessive tardiness I work a overnight job part-time 32 hours a week. Do you think I can still work that job and get unemployment? From the job that terminated me As long as I report my wages
No. In Oklahoma, the law defines "unemployed" as working less than 32 hours per week. If you're working 32 hours or more, you are not "unemployed" and would not be eligible for unemployment benefits even if the reason you lost your other job is one that qualifies you for benefits.
Hello my name is Julio I got hurt in my Job a forklift ran over my feet and fractured my feet I passed my drug tests 2 months later they fired me they said it was my fault can I get denied
Ouch! I hope you've recovered well from that injury. In Oklahoma, the definition of misconduct includes violation of a safety rule. If the employer can prove that there was a safety rule that you knew (or should have reasonably known) & you broke it, contributing to your accident, then yes, your claim can be denied.
Hi, i got fired in NYS for "Poor Judgement". Dealing with code of ethics. Can i still get unemployment ???
I'm sorry but I am not licensed to practice law in NYS, so I'm not able to answer your question. To find a lawyer in your state that may be able to help, check the National Employment Lawyers Association website: exchange.nela.org/memberdirectory/findalawyer
Hello I just got fired because I kept messing up, it was a work from home position, it was Data Entry, they keep warning me that I was messing and they one more mistake they would fire me, I was with the company for 7 years. Will I get unemployment????
This answer assumes you'd be filing an Oklahoma claim. This sounds like a performance issue, which can sometimes be tricky. If you were a new employee & were making mistakes because you just couldn't "get it," that's a claim that would be likely to be paid. Since you'd been there for quite awhile, it's a tougher question. What was the reason for the errors? Was there something new about your job that was contributing to the errors like new software, new process, etc. Were you having a health issue? Or was it simply inattention to detail? This is one of those types of claims that you'll just have to file the claim & see what happens. There's no harm in filing. Good luck!
I worked 7 months in Louisiana and got fired for missing a day so can I get still receive unemployment benefits?
Hi. Thanks for your question. I'm not licensed in Louisiana, so I cannot comment on whether you could qualify for benefits there.
@@kathybushnellesq thanks for replying ❤️
I am a Home Health Aide, I resigned from my agency because I fell and injured my knee. I need to apply for unemployment. Should I
I cannot advise you on whether you should or should not apply for benefits. If you resigned, you will have to show (A) that you quit for good cause connected with the work or (B) that your injury required you to be off work longer that your employer would allow or your injury required you to change jobs. In either case, you will have to be able & available to seek and accept work in order to receive for benefits, assuming your claim is allowed based on your reason for separating from the job.
Wait so my HR SAID DONT FILE UNEMPLOYMENT YOU WILL GET DENIED, THEN SAID WELL YOU CAN STILL TRY BUT YOULL MOST LIKELY BE DENIED!!!!
The employer or HR can tell you whatever they want. They're not the ones that make the decision about whether you receive benefits.
Hello I live in California I was let due to attendance for most times not have anyone to watch my baby and toddler
I was let go when I went in after missing a week because my husband got in an accident and was in icu for a week will I still qualify?
I'm not able to answer this question for you because I'm not licensed to practice law in California. Some states, like Oklahoma, have a law that may assist in this situation, but I am not familiar with the laws of CA. I encourage you to contact their unemployment department for help.
I’m in Texas. I got terminated from a job in late March. I applied for unemployment 2 days after. And they excepted me. But job decided to appeal me 4 months later. What should I do
Hi Danielle. I'm not licensed to practice law in Texas. However, generally speaking, the appeals department likely sent you some instructions on how to navigate the appeal hearing process. I would review those instructions carefully. They'll answer most of the questions you may have. If you need help finding an attorney to help you, you can visit the National Employment Lawyers Association website & do a search. NELA is a group of attorneys that represent employees in a variety of employment issues. exchange.nela.org/memberdirectory/findalawyer
Will be put on a PIP(performance improvement plan) but not hitting the marks be consider misconduct? Assuming that you did everything that you could to hit them. Like, have a mark to sell 100k but u only hit 90k and they fired you.
This answer assumes you're talking about Oklahoma. Generally speaking, the situation you've described is not misconduct. However, every situation is different. Sometimes 1 or 2 things can change the situation to one that would not qualify for benefits.
if i start my job next week how to i end the unemployment?
Just stop filing weekly claims. If you don't file the claim, they'll stop paying you unemployment benefits.
My employer said, if you don’t sign this Resignation agreement then you can’t apply to the unemployment benefit, I know it isn’t true, and the document state that I won’t sue then for nothing after all . Not sure if that proposal is just a promise that they are not going to present something to prove misconduct to the unemployment department just if I commit don’t sue. Because I know I need to prove that wasn’t my fault to be elegible and they know that, then why they ask don’t sue? maybe because the fact to say to the unemploinment department if it was discrimination is not the same as suing ?
I know they can build an argument agains me, based on some stuff that they allow to do normally to everyone but they must not allow that. If they want hurt me they can . Then better if I sign and spect the better from them, if not, try to appeal presenting evidence if they acts agains me?
In Oklahoma, it is against the law for an employer to have you waive your rights to file for unemployment. 40 OS 2-301. Filing a claim for unemployment benefits is your statutory right. If you're not in Oklahoma, you'll want to check with your state's unemployment agency to confirm that this is true in your state.
Hey my job plans on firing me due to transportation.I changed my schedule but they tell me my availability isn’t fair to other workers but I don’t make enough or get enough hours to even save up for a car plus I pay for rent and it takes me two checks to come up with 600 so it’s a struggle to even pay all my bills if they let me go because I keep calling out or showing up late can I be eligible for unemployment?
In Oklahoma, the definition of misconduct includes excessive absenteeism or tardiness. If that's the reason for your termination, your unemployment benefits may be denied.
@@kathybushnellesq ok thank you
Unemployment
Hello i was fired due to no call no show ,I did have an appeal hiring my hr was there , we did discuss about it but one of the missing day was due to me been uncomfortable working in a new nursing home I never been to , I also call 2 days ago to let them know I was comfortable working in a new place .
Second missing days was due to an am shift I was supposed to cover up but couldn’t do it because the staff at the facility told me my name wasn’t on the schedule and since that was my last shift been up for the month I didn’t let my supervisor know.
I got fired with no notification or call from them and my agency did not even check if I was at the facility or what even happen.
but right now I am in school and my living situation is really worse so I wonder if I’m going to win ?? I did say all of this to the judge but I feel like I miss some thing during the hearing process so I’m really scary the may denial for misconduct but I’m praying for positive account because I feel so vulnerable dealing with this
Im from Minnesota and I just wonder if the judge also care about the living situation and f the individual applying
Can you please check mine and giving me an update of what you think?
@@herstunning3695 I'm not licensed in MN & do not practice there, so I'm not familiar with how they would address this situation. In Oklahoma, 98% of the time, your personal life isn't a factor. The question is whether the reason you were fired is misconduct *connected with the work*? If there's an attendance policy & your attendance record violated it, then almost every time, misconduct will be found. Your personal circumstances may be taken into account if there's a domestic violence situation or medical issue with you (or an immediate family member). But even then, there are usually some additional requirements that must be met before the claim can be paid.
@@kathybushnellesq so people can’t win due to been uncomfortable working somewhere u never pick up but the shift was switch by the hr?
@@herstunning3695 I don't know if that's something that's taken into consideration in your state.
Hello I got fired because I got into the argument with two co-worker there was two against me arguing mother and daughter team and they lied and said that I was going to fight them but but come on two against one does that make sense I wish I was kind of nervous I was arguing back am I entitled for unemployment?
Hi Auria. Sorry that happened to you. I can not give you a definite answer about whether you would be entitled to unemployment. Fighting on the job (even verbally) can be a tricky. OESC will review whether your employer has a policy about that & what steps you could have taken in that situation instead of arguing back. Another factor is whether you'd been warned about similar behavior in the past. If your case in Oklahoma, I'd be happy to discuss this further & could maybe give you a better idea of how things would go. You can use the link it the description above to schedule a meeting with me.
@@kathybushnellesqhey Ms katherine
Hello how are u??? I'm dionicio. Just quick question,, or u opinion....
I had been fire from my job, I did unemployment I didn't califique for benefits.. cuz they say I got fire fore bad conduct I didn't tell my boss that I was needing off some days off work.. but I did... and I do have pruff of it.. I didn't I hot fire 3 of octuber. ,
On September 29 , 4:40 am my vehicle didn't start bad battery,.. and we suppose to meet at 5:15 I wasn't be able to make it.. the job was 2 hours away and I suppose to be at office at 5 15 to go with them.. so.. I call .. big boss he say to let my forman knows and I did... I still have the phone calls and texts.. .. well next day I show up 15 minutes early.. at 5:00 well they was gone.. and meeting time was 5:15 I know cus there is a paper on the office that I sight and it says 5:15... well I didn't work that .Friday. .. and next Monday I didn't went to work cuz I have doctor appointments for my hand thati broke at work some guy hurt me intentionally... well so I didn't go to work.. and they know about my doctor appointment cuz they insurance was playing plus I did tell my forman a week earlly... do what do u think.. or what can I do I leave in amarillo tx the company is j lee milligan.. m
I do not practice law in Texas. I cannot comment on how your case would work. However, you should have appeal rights to the decision that denied your benefits. Review the notice you received for more information.
What if they just let you go
Oklahoma follows the employment at will doctrine, so the employer does not have to give you a reason for letting you go. It's not uncommon for an employer to not give a reason when they separate someone, especially if they want to avoid conflict or are too chicken to give the reason. But even if the employer does not tell you why you're let go in that moment, in Oklahoma, they still have to prove to OESC that the discharge was for misconduct to have the unemployment claim denied.
I was teeminated for an unautherized transaction. Can i receive unemployment in CA
Unfortunately, I'm not licensed in CA, so I can't say.
@@kathybushnellesq okay. Thank you for the response
I have a question. I was let go because said they couldn't work with me because he or them couldn't get slong with me, all because I fuss at them about doing the job right. Can i still get my unemployment
Hi. Thanks for your question. My answer assumes your case is in Oklahoma. This situation is one where it would be super fact-specific. I can see that benefits could be allowed if the employer just decided to make a business decision to let you go. However, if there has been a history of discipline - especially for issues about getting along with coworkers - I would expect the claim to be denied. If you'd like to discuss the details of your case, please feel free to book a call.
@@kathybushnellesq well it's in Georgia
Yes how can I book a call. Yes I guess he made a business decision with the other candidates at work. He told he was gonna see what they wanted to do. It's all in the messages in my phone
@@finessedakid5495 I'm not licensed in Georgia, so I won't be able to help with your question. However, you may want to check out the National Employment Lawyers Association to find an attorney in your area who can help. exchange.nela.org/memberdirectory/findalawyer
Hello, I just found your channel, I have a question. I live in Florida and in May of 2021, I quit my job for school and in July of 2021, I got another job, this was when pandemic began and I got fired on August 2021. Then I applied for benefits ever since up until November of 2021 that I got a notice telling me that I have been overpaid. I got a hearing and a decision was mailed a week ago that the overpayments are affirmed (means I have to pay it). I don't agree with it so I filed for another appeal today in my account. I honestly don't understand.. Isn't the unemployment based off a job that fired someone? They are saying I got disqualified based of the job that I quit not the one that fired me. Are you able to assist me with this please? Thanks, I will really appreciate it
Hello. I am happy to help if your unemployment claim is in Oklahoma. I'm not licensed to practice in Florida. However, generally speaking, unemployment benefits can be based off of wages earned from multiple employers, whether that includes your last employer or not. It really depends on what your state's laws say about how they calculate the benefit amount.
What if you get terminated for attendance? For calling in and having a medical issue
A termination for excessive absences or tardies is part of the definition of misconduct, but that doesn't necessarily mean that your benefits will be denied. Things like whether the employer follows its own policy or other extenuating circumstances factor in. There is also a "no fault" type of separation that can sometimes apply when there is a medical issue. But it has to be something more than just calling in because you're sick. I'm happy to discuss the nuances of this with you to see if your particular situation meets that requirement. You can schedule a call using the link in the description for this video.
Thank you for this ! I'm in MD and I got terminated from my local trucking job for having 3 minor accidents within a 12 month period. Does this count as misconduct? Will I be able to get benefits while I look for another job.
I think this policy is ridiculous in trucking especially if they are minor, but it doesn't matter the severity three and you're out that's their policy. Anyway thank you!
@@domquan3416 Thanks for your question. Since I don't practice in MD, I can't comment on whether your circumstances would be misconduct under Maryland's law. You may try searching for other cases like yours. Most states publish a precedent manual of prior cases that show how the law is applied. Usually the manual is available on the state's unemployment website.
hi i am in California and been at my job for one year and i never been late or missed a day at work and i am a excellent employee .. but i have a beard and i am going to get fired if i dont cut it ...............can i get unemployment benefits if i dont cut my beard ... thanks in advanced
I'm not licensed in California. In Oklahoma, whether you qualify for unemployment benefits in this circumstance would depend on 1) the reason the employer wants you to cut your beard & 2) the reason you're refusing.
@@kathybushnellesq thank you for your response .....
I’d been working for a little over three months making 17 dollars an hour then my boss fired me could I get unemployment
First, if this period of employment is the only employment you've had in the last year, you may not meet the monetary requirements to qualify for a claim. Generally speaking, you will need wages in 2 calendar quarters to qualify for a claim. Second, whether you can receive benefits depends on the reason you were fired. If you were fired for a reason that is considered misconduct under Oklahoma law, your claim will be denied. The only way to know for sure if you qualify is to file a claim.
When a Harry Potter fan becomes your attorney 😂😂😂😂😂❤❤❤❤
Just keeping it real! 🤣
hey beautiful
How can I get a call with you????
You can self-schedule at this link: kathybushnellesq.com/schedule-a-meeting/
I got fired for calling off so i got pointed out can i still get unemployment?
Assuming you're in Oklahoma, it may be difficult to qualify for benefits in this case. Excessive absenteeism & tardiness are misconduct according to the definition in the statute, and the employer's point system is how the employer defines "excessive." However, if your absences were the result of your health or illness or that of an immediate family member, it's possible that you may qualify for benefits under compelling family circumstances (40 OS § 2-210). There's a bit more to qualifying under that section of law, but it does give an option in cases of discharge due to attendance.
@katherinem.bushnellattorne216 I'm in Michigan, get 5 points in 6 months I went to the doctor but they didn't see what's wrong
@@bobbyjr2161 I don't practice in Michigan, so I don't know how they would analyze your situation. The only way to know for sure is to file a claim.
Talk about SUCKS, I was terminated, and given the reason it isn't working out, no misconduct, so I was like, YES. One issue, in PA (don't know about other states) an organization is able to get an exclusion to paying into Unemployment Compensation, meaning, I still can't collect, because of the fucking religious clause in the laws. I can't even tell you how mad I am!!!
You're right: There are some employers who are not required to participate in the unemployment program. Religious institutions are not the only ones who are exempt. In Oklahoma, non-profit organizations & tribal governments are two other exemptions that come to mind. However, even when a business is exempt, thay can opt-in so their employees can claim unemployment benefits if/when the need arises. In Oklahoma, nearly all the tribes opt-in, though they are not required.
The state laws define who counts as an employer & who doesn't (exempt) AND what counts as covered employment for unemployment purposes. Here are Oklahoma's laws on these 2 topics.
Employer 40 OS § 1-208 www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=77140
Employment: 40 O.S § 1-210 www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=77144
@@kathybushnellesq Thank you for replying, Kathy. Wow, I had no idea this was such a "thing." So I have reached out to an employment lawyer to see if we can fight this, regardless, if an exception could be made by the state board or something. What do you think?
Am I wasting my time, or should I try to get it? I really need UC right now, I'm gonna be broke soon. 😕
@@holeesheet2021 You're in a state where I'm not licensed to practice, so I can't comment on how PA would handle this. In Oklahoma, it's not up to the state whether an otherwise exempt employer is covered. It's a choice the employer has to make since they're the ones who will be paying the unemployment taxes that fund the program. I would encourage you to do what you're doing - check with a local attorney to see if there are any options.
@@kathybushnellesq Thank you for taking the time to consult, I appreciate your commitment
to justice!
@@holeesheet2021 You're welcome. Good luck!
Can you be denied unemployment due to poor Job performance?
Workers comp is a different program from unemployment. Workers comp provides benefits for on-the-job injuries; it's not about work performance. If you're asking whether unemployment can be denied for poor performance, it depends (I know, lawyer answer!). If the poor performance is because the employee just can't do the job, then unemployment can be paid. But if the poor performance comes after the employee has shown that they can do the job, benefits may be denied. It really is a case-by-case determination.
@@kathybushnellesq I’m sorry ! I really meant unemployment
@@kathybushnellesq I was fired after my 90 day because said she claimed after she have informed me of my duties repeatedly … my peers said I was not doing my job … she was a manager and Hr person on the corporation… so she pretty was a coward who needed a baby sitter of the employees she hired … when I arrived these first week everyone was nice .. the second everyone had attitudes … I would follow her directive to correct a direct report … they would get upset for some reason and run to her she would switch up her directive when the person was I her presences and me being the site supervisor made me look incompetent even though I have been I healthcare manager ( I was a site supervisor at this clinic) she would never have my back on anything … when I would clearly follow her directive … it never was a united front … so this was riddled with toxic gossip and racial discrimination… I was seen as too nice/ doormat when I have gave everyone the utmost respect … at a point I gave up because If did my job and held a person accountable and they didn’t like it they whined to her And because she was HR too she would never write anyone up …. So she basically had their back and let me go because they didn’t like me for whatever reason! And I know in Ga it’s an at will state and they can fire you for anything basically! … this was a little back story of why I was fired !!
@@kiathadiva7 Thank you for sharing your story. I do not practice law in Georgia, so I cannot speak on how benefits are approved there. Good luck!
I was fired for a racial slur, excellent work attendance, can I draw unemployment in Ok
Racial slurs NEVER appropriate, especially in the workplace.
But whether you can receive unemployment in OK will depend on the details of your situation. If you had previously been warned or counseled about this issue, or if there's an employer policy that prohibits your behavior, then your claim will likely be denied. However, it's a remote possibility to be approved for benefits in this type of situation.
Weird
What does break in claim mean?
The phrase is usually "break in claim series." It means that instead of filing weekly claims/receiving benefit payments every week, there was a break of 1 or more weeks. For example, say you'd been receiving benefits every week but were denied for 1 week because you were out of town or didn't do your work searches, and started getting benefits again the next week. That 1-week you were denied is called a break in claim series.
@@kathybushnellesq I appreciate it thank you
One of my coworkers was fired for sleeping in his care as well as bad conduct with us. Hopefully he can not claim unemployment
Click Bait, your advise is only for one State .
Yes, my videos are intended for people with unemployment claims in Oklahoma only.
You have to talk louder come on
Thanks for your feedback. I'll adjust for that next time I record.