I was suddenly brought into my managers office one am a month ago and told that HR was drawing up termination papers for me. She said I might want to think about resigning ... if I do I could work somewhere for one year I be rehired at the hospital. I mentioned that I would try to get unemployment since I am the wage earner in my family.
My husband has just recently been diagnosed with early onset Parkinson's disease. She said the hospital would fight me on that...So I applied and was awarded. DE only pays $320/week..period. But since I did some agency work I never actually was paid anything. So last week I get the denial from Unemployement with my EX employers statement. They said I was never told I would be terminated..and I left on my own accord.
I don't want the money ... it's not enough to pay my bills...but what would You do? ESP. Since I don't know what my EX employer is telling my new prospects when I am called for interviews.
Specializes in Oncology; medical specialty website.
This has nothing to do with nursing.No one who voluntarily resigns a position will receive unemployment, period.
Not necessarily true. As several members have previously experienced, if you can prove to unemp. that you didn't voluntarily resin, you may be eligible for benefits. It doesn't hurt to try.
They pulled a standard trick on you: they threatened you with termination, but verbally promised that you'd be 'considered for rehire' after a year if you voluntarily resigned. Companies do not want to lay-off or terminate employees without cause. Without due cause the employee can receive unemployment; the company indirectly pays this cost (the more unemployment claims paid the higher the employer's unemployment insurance 'premiums' are). So, they enticed you into voluntarily resigning with the promise rehire later.
It's your word against theirs. I would appeal and be armed with the date and time you talked to the supervisor. Remember every detail you can; the supervisor's name, who was present (probably no one was in that room, but it might be helpful if you can say who was there that day, if you told others of the conversation, etc.), also remember the wording of the conversation as best you can. Ask if there were other similar complaints from other employees of this hospital who were threatened with termination and were denied unemployment (if there is a trend they may take your word over the hospitals).
Specializes in Peds/outpatient FP,derm,allergy/private duty.
I would definitely appeal that decision. I'd suggest you read everything they have on your state's unemployment website and start writing a narrative about what happened and when, including records of phone calls and e-mails.
When unemployment is denied they must prove you failed the criteria in very specific ways, such as willfully misleading, unavailable for work, etc The people who make the ultimate decision will cut through the BS in short order.
The company you worked for will send a representative, who you will be allowed to address with no middleman and ask questions directly. Even if you lose the appeal, their smarmy tactics will be exposed to the light of day.
I was denied unemployment by my employer they stated I quit for personal reasons...I resigned because my temporary nursing license was expiring and I'm still waiting on my permanent license to come and the DON n BE knew this....I wouldn't even give a recommendation to any of my futuRe employers and I was a good worker even got a few gift cards....smh....its unbelievable...I'm waiting to see what the appeal boards have to say....
I'm appealing. Why would I resign without another job set up, with a husband who is ill and cant work and a brand new car in my driveway that has payments every month..
I am a nurse. I have worked my whole life. I do remember every detail..and I will write them down now before they get fuzzy.
..and I will tell Everyone I know about this after I get another job. Believe me.
I say this as a former HR person (now a nurse) who has handled literally hundreds of employment claims:
You need to appeal this decision. Explicitly state in your appeal that you were told you had to resign or you would be terminated. Explain that your decision to leave the company was NOT voluntary, and you did so only because the other option was to be terminated. If you have any emails regarding the meeting you had, or any paperwork threatening termination, send that to unemployment along with your appeal to be considered.
I guess I'm not really sure what you'd have to gain by claiming you resigned to avoid termination. Being terminated typically doesn't allow you to receive unemployment insurance either. Appeals will often go through in the case of termination if the employee got 'screwed' so to speak, but for the majority of terminations the employee won't qualify. State laws vary, but for the most part the rule is that you only qualify if you lost your job "through no fault of your own".
Also, I have seen many people quit voluntarily and receive unemployment. It varies from state to state; some states are very employee-friendly, others are not. I handled unemployment claims for about 15 different states at one time. It is certainly not to correct to say that "no one" who resigns voluntarily will receive unemployment.
Being terminated typically doesn't allow you to receive unemployment insurance either. Appeals will often go through in the case of termination if the employee got 'screwed' so to speak, but for the majority of terminations the employee won't qualify.
This is also not necessarily true. Typically, "failure to perform" doesn't disqualify someone from receiving unemployment. Even excessive absences doesn't automatically disqualify someone, especially if the absences were for a health condition and the employee wasn't eligible for FMLA.
The burden of proof is on the employer to show a willful violation of the employer's policies or procedures.
Specializes in Oncology; medical specialty website.
I guess I'm not really sure what you'd have to gain by claiming you resigned to avoid termination. Being terminated typically doesn't allow you to receive unemployment insurance either. Appeals will often go through in the case of termination if the employee got 'screwed' so to speak, but for the majority of terminations the employee won't qualify. State laws vary, but for the most part the rule is that you only qualify if you lost your job "through no fault of your own".
This. is. not. true. OP and others in similar circumstances: Do not let these people saying you can't get unemp. if you were fired dissuade you from filing. You have nothing to lose, and everything to gain. The one situation that will absolutely disqualify you is if you were guilty of "willful misconduct." Beyond that, it's up to unemployment to weigh the evidence and determine if you qualify.
HR lies. It's common practice. After all the problems I've had with HR departments over the years (I am still fighting with HR at the hospital I left 2 months ago about the money they stole from me), I've come to believe that HR is trained to screw employees. The hospitals know that for every person who realizes they're being screwed, there's 3 or 4 more who don't notice.
OCNRN63, RN
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