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Got fired today Got fired today

09-15-2009 , 12:29 PM
Writing was on the wall. i tried my best to remedy the situation, unfortunately my manager is reactionary and has tunnel vision. What can one do after a while? Anyone have experience collecting unemployment in NYC? Tips to make it easy as possible? Wrongful dismissal lawsuits?
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09-15-2009 , 12:33 PM
I hate when they want to fire you for fapping at work while on 2+2
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09-15-2009 , 12:34 PM
Your post looks like the cliffs notes of a longer post.
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09-15-2009 , 12:47 PM
just call up unemployment, make it sound like a lay off and profit. Go buy a bag of grass and smoke yourself silly.
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09-15-2009 , 12:48 PM
stop writing on walls
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09-15-2009 , 12:49 PM
visa card --> grind ---> profit ---> tell boss to gtfo
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09-15-2009 , 12:53 PM
grind like youve never grinded before
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09-15-2009 , 12:57 PM
^ look at this avatar for countless hours while doing what post#4 said
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09-15-2009 , 12:59 PM
What was his reason for firing you?
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09-15-2009 , 01:02 PM
Quote:
Originally Posted by rangerxbob
What was his reason for firing you?
http://www.nyscaaonline.org/MembersA...llDoctrine.pdf


http://en.wikipedia.org/wiki/At-will_employment
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09-15-2009 , 01:02 PM
Well i was hired and applied for a specific role. After 6 months or so of employment I was moved to another totally different role without a choice. I was made to travel which was not part of my employment agreement ect... This was a role which I totally didn't apply for, anticipate, or consider myself qualified for. I requested on many occasions to be put back in my former role for the benefit of myself and the company. Every time being denied by my manager. Finally an intern was hired two weeks ago, her nephew, she gave him my work last week and gave me his work. Today I was told that it was better to "part ways", end of story.

FWIW.. I was also denied vacation two different times even though I had accrued the appropriate amount of time. The second time I was made to wait a month after the vacation request only to be denied. This was after i had to escalate the issue to HR.
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09-15-2009 , 01:06 PM
Quote:
Originally Posted by eb581
Well i was hired and applied for a specific role. After 6 months or so of employment I was moved to another totally different role without a choice. I was made to travel which was not part of my employment agreement ect... This was a role which I totally didn't apply for, anticipate, or consider myself qualified for. I requested on many occasions to be put back in my former role for the benefit of myself and the company. Every time being denied by my manager. Finally an intern was hired two weeks ago, her nephew, she gave him my work last week and gave me his work. Today I was told that it was better to "part ways", end of story.

FWIW.. I was also denied vacation two different times even though I had accrued the appropriate amount of time. The second time I was made to wait a month after the vacation request only to be denied. This was after i had to escalate the issue to HR.
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09-15-2009 , 01:10 PM
So does anyone have any experiences collecting unemployment in New York State? Am I going to have a hard time?
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09-15-2009 , 01:14 PM
Quote:
Originally Posted by eb581
Well i was hired and applied for a specific role. After 6 months or so of employment I was moved to another totally different role without a choice. I was made to travel which was not part of my employment agreement ect... This was a role which I totally didn't apply for, anticipate, or consider myself qualified for. I requested on many occasions to be put back in my former role for the benefit of myself and the company. Every time being denied by my manager. Finally an intern was hired two weeks ago, her nephew, she gave him my work last week and gave me his work. Today I was told that it was better to "part ways", end of story.

FWIW.. I was also denied vacation two different times even though I had accrued the appropriate amount of time. The second time I was made to wait a month after the vacation request only to be denied. This was after i had to escalate the issue to HR.
You civilian guys cry about the dumbest ****.
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09-15-2009 , 01:15 PM
dude there are millions of people out of work right now, ez game. Just called up UI, tell em your last day of employment and that you want to open a claim. Sit and wait for checks to start rolling in.
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09-15-2009 , 01:28 PM
Guess I will start grinding. Anyone wanna stake? I am a fairly solid Sit and Go player. Sharkscope me eb581 at pokerstars
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09-15-2009 , 01:39 PM
Quote:
Originally Posted by eb581
Well i was hired and applied for a specific role. After 6 months or so of employment I was moved to another totally different role without a choice. I was made to travel which was not part of my employment agreement ect... This was a role which I totally didn't apply for, anticipate, or consider myself qualified for. I requested on many occasions to be put back in my former role for the benefit of myself and the company. Every time being denied by my manager. Finally an intern was hired two weeks ago, her nephew, she gave him my work last week and gave me his work. Today I was told that it was better to "part ways", end of story.

FWIW.. I was also denied vacation two different times even though I had accrued the appropriate amount of time. The second time I was made to wait a month after the vacation request only to be denied. This was after i had to escalate the issue to HR.
The bolded appears like the only relevant information in a potential case when you file. As a previous post mentions, apply for benefits as if you were laid off. Let your previous employer make the case against it. If they don't (or mess up), then you'll collect. If they do contest your claim, then you will have to file a much longer questionnaire contesting them. From what you said so far, you can make a strong claim...

If the words used in your "lay-off" were that it was "better to part ways" and that your work was assigned to an "intern," then you were let go because of a "lack of work" for you to do. "Lack of work" is the equivalent of being "laid off," not fired. Being assigned new responsibilities prior to the lay-off speaks to this lack of work. All language you use in the longer filing or any conversation is absolutely essential, so DON'T say again that you were fired in any formal/informal conversations. It doesn't benefit you at all to mention the request for re-assignment either. As far as the vacation request, that doesn't appear particularly relevant to your unemployment claim. I'd drop that gripe as well.

It's far more important to your claims process that you speak specifically about being laid-off and demonstrating a lack of work than any complaint you would have about working conditions or management. If any of the disgruntled b*tching and moaning is evident in your conversations and/or filings, then you will be at a disadvantage in the filing process. If you focus on the terms of the lay-off, it's much simpler for the UI officer to see this for what it currently appears to be (a lay-off).

If you left on good terms (or semi-good terms even), ask for a recommendation immediately. You can use this for subsequent interviews, and, if necessary, you can later use this in a UI case to demonstrate that you were let go (should it be worded well in your favor).

Start the claim process immediately (or immediately after you receive the recommendation) so that it can get rolling. Expect it to take 4-8 weeks to resolve. Definitely seek out work at a competitive pay rate in the interim. Obviously, that's a much better solution all-around. GL, and, though I recognize it sucks to go through a period of unemployment, stop acting like a victim.
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09-15-2009 , 01:46 PM
Quote:
Originally Posted by eb581
Guess I will start grinding. Anyone wanna stake? I am a fairly solid Sit and Go player. Sharkscope me eb581 at pokerstars
meh. 5% ROI obviously isn't terrible, but it's not exactly good either
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09-15-2009 , 01:46 PM
Thanks for the post centaurmyth, some good stuff there, appreciate it.
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09-15-2009 , 01:50 PM
No problem. Lastly, don't mention to anyone related to this business that you are going to file a claim. Play it cool...
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09-15-2009 , 05:02 PM
Centra- According to HR my dismissal has been coded as "discharge- unsatisfactory work performance" she said my claim would not be contested. Does this affect how I go about anything in regards to your previous post?
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09-15-2009 , 06:27 PM
Quote:
Originally Posted by eb581
Centra- According to HR my dismissal has been coded as "discharge- unsatisfactory work performance" she said my claim would not be contested. Does this affect how I go about anything in regards to your previous post?
Things seem to have gotten "easier" for you. According to the NYS Department of Labor:

"Eligibility is determined based upon the New York State Unemployment Insurance Law and precedents of the Law as set by court decisions. You may be eligible for benefits if:

* You were discharged or fired because you were unable to meet employer performance or production standards, or you were unable to meet employer's qualifications for the job.
"

So... Since you were "unable to meet employer performance or production standards," you are eligible for benefits according to their rules. According to their site, it says to file as soon as possible, and answer that you were discharged for the reason given to you by your employer. This is consistent with HR's findings, so your former employer just has to follow-through on what they told you.

In all, this sucks. Either you slacked off and got tossed, or they let you go and said that the official reason for your termination is that you can't hack it. In the first case, getting unemployment benefits is a temporary solution at best. You've got a whole life ahead of you, and your current track record licks scrotum. Get it together, and don't even try to play the "it's not my fault/i'm a victim" bs. If, instead, you got pushed out and were doing a good job, I'd fight it tooth and nail with HR. Honestly, what's your deal?
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09-15-2009 , 06:32 PM
Quote:
Originally Posted by eb581
Centra- According to HR my dismissal has been coded as "discharge- unsatisfactory work performance" she said my claim would not be contested. Does this affect how I go about anything in regards to your previous post?
If your HR dept said they would not contest it it's about as easy as it gets.
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09-15-2009 , 06:43 PM
OP - for some reason, and I don't know why, you seem like you are probably a high maintenance employee.

As a boss of more than a few high maintenance employees in the past, the sooner you can get rid of them the better.

Taking the vacation thing to HR, although well within your right, was probably not the best play.

Just some advice in the future (and you may already be doing it) - FLY BELOW THE RADAR. Don't be needy. Just shut your mouth and do the best you can. Do what you're asked within reason.

Your boss moved you out of your original position for a reason. I doubt it was to put a relative in your place because I will take a known good current employee over ANY unknown employee as most anyone will.

I know you will say, "I'm not needy. I do what is asked. Yadda yadda yadda". The problem with all high maintenance employees is that they never realize they are high maintenance so they just keep moving from job to job never understanding what the problem really is.
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09-15-2009 , 06:56 PM
Again thanks for the advice centura..
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