HR lied to Unemployment!!

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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 Emergency & Trauma/Adult ICU.

And so I've learned something today - that some states are apparently quite lenient when it comes to unemployment insurance. That's quite a cost for employers to bear, but that's a whole 'nother thread ...

So I guess the decision point when faced with the resign vs. be fired dilemma is ... which is worse for a particular individual? Going without income in the immediate short term, or dealing with the possible longer-term consequences of job searching with the stigma of having been fired?

Specializes in ICU.

I was "fired" for going over my FMLA time for a legit medical problem, although my employer came up with 2 small BS reasons to make it look better on them. I received unemployment. In that state, you don't receive unemployment if you resign. Period. Even if they were threatening you with termination (which would be heresay). None of my subsequent interviewers have known that I was terminated. In that state, it's illegal. All they are legally allowed to tell potential employers is my start and ending date of employment. Good luck.

Specializes in Emergency; med-surg; mat-child.
This is not just "expected behavior" for nursing, it's for all companies because they have to pay for the unemployment.

It's a state insurance policy that employers have, not out of pocket. They shouldn't be too concerned about it overall, it's just more penny pinching in places that don't matter as much as others.

Specializes in Emergency & Trauma/Adult ICU.
It's a state insurance policy that employers have, not out of pocket. They shouldn't be too concerned about it overall, it's just more penny pinching in places that don't matter as much as others.

Information on state unemployment insurance:

State Unemployment Insurance Benefits, Employment & Training Administration (ETA) - U.S. Department of Labor

"Purpose

In general, the Federal-State Unemployment Insurance Program provides unemployment benefits to eligible workers who are unemployed through no fault of their own (as determined under State law), and meet other eligibility requirements of State law.

Unemployment insurance payments (benefits) are intended to provide temporary financial assistance to unemployed workers who meet the requirements of State law.

  • Each State administers a separate unemployment insurance program within guidelines established by Federal law.
  • Eligibility for unemployment insurance, benefit amounts and the length of time benefits are available are determined by the State law under which unemployment insurance claims are established.
  • In the majority of States, benefit funding is based solely on a tax imposed on employers. (Three (3) States require minimal employee contributions.) "

An employer's tax rate for this unemployment tax is based on past benefits collected by former employees. Unemployment benefits do not fall magically to the ground from the mythical money tree.

Specializes in Emergency; med-surg; mat-child.

No, they don't, you are correct.

But they also don't come directly out of the employer's pocket on a case-by-case basis. It's paid by employers, *as I stated*. I'm not sure what you're getting at here. A contractor who hires and fires on a seasonal basis is going to have a higher rate than one who has the same employees for 20 years, because more people are going to be filing more often. That makes sense.

Specializes in Peds/outpatient FP,derm,allergy/private duty.
It's a state insurance policy that employers have, not out of pocket. They shouldn't be too concerned about it overall, it's just more penny pinching in places that don't matter as much as others.

There is both an employer account (unique) and a pool account. Depending on the circumstances an employer may have their account charged or partially charged, which is replentiished through their own funds. It is a direct tax on businesses.

Specializes in Emergency; med-surg; mat-child.

Okay, and my point is still that employers scrimping on this end of the budget is ridiculous.

Specializes in Peds/outpatient FP,derm,allergy/private duty.
Okay, and my point is still that employers scrimping on this end of the budget is ridiculous.

Yeah - Having been familiar with someone going through this process, it is the norm for the employer to lie. I didn't know that, and it was a shock to me. They also drag the process out over several months so if you are out of funds you're ******.

Specializes in Orthopedic, LTC, STR, Med-Surg, Tele.

In my state, you have to be unemployed through no fault of your own. My mom's boyfriend quit his job (retired, actually) and then tried to file for unemployment benefits. I wanted to be like.. save yourself and the state some time, please.

Specializes in Medsurg, Homecare, Infusion, Psych/Detox.

That's why unions are so very vital.

Because when you don't have a union to represent you, its just you and the big bad employer.

Specializes in Critical Care.
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.

I thought I was pretty clear but I'll try again; There is NO state where being terminated or threatened with termination automatically qualifies you for unemployment, nor would it improve your chances in any scenario I can think of. Whether you resigned, were fired, or were threatened with termination you would need to make an argument extenuating circumstances to win an appeal. Claiming you were threatened with termination does absolutely nothing to change that, unless you are making a hostile workplace argument. An example might be "My mom had a stroke so I resigned to care for my mom". Adding "plus, I was about to get fired anyway" will only hurt your chances if it does anything.

So wait, did you ever get that 4th step/writeup? That in and of itself might be cause to deny your unemployment.

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