Appleseed
Appleseed MegaDork
8/24/20 3:38 p.m.

I was let go 2 weeks ago from my former job. I immediately applied for unemployment. Last Monday I received a letter saying I was approved and what my benefits would be. Today I received a letter stating that on September 1st, I would need to conduct a phone interview as a question has been raised regarding my eligibility. Because I indicated  was fired. The letter states "misconduct applies to your eligibility in this case." 

I think the statement I heard about them proudly never paying out unemployment might be why. The only other guy that could collaborate anything to my side was the guy that wanted to fight me in my driveway. Everything was one on one and verbal. I'm actively attempting to access my records when I was employed there, to see what might be in there. Aside from the initial hiring sheet I signed on my first day, I've signed nothing else.

What should I be looking at to protect myself and preparing for the September 1st interview.?

1988RedT2
1988RedT2 MegaDork
8/24/20 3:42 p.m.

I dunno.  I was out of work on at least two different occasions and never collected a penny in unemployment.  If the company paying into the system chooses to fight you, it will be an uphill battle.

aircooled
aircooled MegaDork
8/24/20 3:48 p.m.

My wife got "let go" under dubious circumstances, she ended up getting the unemployment after the interview.  You just need to have to good argument. The "judge" has no particular reason to favor your previous employer and will (should) go against them if their argument is BS.

I am a bit surprised they even have time to do interviews.  It seems like most unemployment departments are green lighting everything that runs across their desk, with some rather insane fraud that results of course...

Steve_Jones
Steve_Jones HalfDork
8/24/20 5:10 p.m.

You indicated you were fired, they want to know why.  The company is telling them it is for mis conduct, they need to hear your side and see if it was. Just state the facts, and be calm, they want to find a reason to approve it, not the other way around.

mtn (Forum Supporter)
mtn (Forum Supporter) MegaDork
8/24/20 5:14 p.m.

I had the same thing, in Illinois. I got unemployment. I think it is fairly regular. Tell them what happened on your side. Keep personal beefs out of it. 

 

matthewmcl (Forum Supporter)
matthewmcl (Forum Supporter) Reader
8/24/20 5:56 p.m.

Rule 1: Just stick to the truth.

If they fired you for cause, they have to detail that cause. If a company cannot detail the cause, somebody can come back with a libel case.  This is why many companies will only detail dates of employment and sometimes whether you are eligible for rehire.

Did they give you a reason of something that you did that was cause for being fired? Did they just say, "times are tough and we have to reduce staff?" The first is fired, the second is "laid off."

Rule 2: The person conducting the interview has seen and heard a lot.  State facts, don't make judgments or talk about other people's motivations or motives. Be the calm, cool, collected person.

If you were actually "laid off" and you used the term "fired" because you did not have enough personal experience with the situation and you made an honest mistake, own it and explain that. You won't be the first time it has happened.  Look at the phone call in this light: Unemployment has enough experience in situations like this that while the paperwork saying "fired" is an easy denial, they think there is more to the story than the paperwork shows and they want to make sure they have the story right.

Yes, they are human and I am sure there are hundreds of stories of them screwing things up, but I'd bet there are more stories of them getting it right.  The money to help you does not come out of the pocket of the person on the phone and it does not come out of their bonus or anything else.

Realize that the person doing the interview often gets treated poorly by the person they are talking to. Be one of the nice people that they get to talk to.  Don't let your anger/frustration with your previous employer splash on to them.

frenchyd
frenchyd PowerDork
8/24/20 6:48 p.m.

In reply to Appleseed :

It depends on your state.  Here in Minnesota anything short of physical violence and you get paid. Some southern states treat unemployment as a revenue stream and are reluctant to pay what you are entitled to. 

Antihero (Forum Supporter)
Antihero (Forum Supporter) GRM+ Memberand UltraDork
8/24/20 7:07 p.m.
Steve_Jones said:

You indicated you were fired, they want to know why.  The company is telling them it is for mis conduct, they need to hear your side and see if it was. Just state the facts, and be calm, they want to find a reason to approve it, not the other way around.

This

Brett_Murphy (Forum Patrón)
Brett_Murphy (Forum Patrón) GRM+ Memberand MegaDork
8/24/20 7:18 p.m.

They might want to know why you were fired, too. If you were fired in violation of one of the protected classes of workers, they'll certainly want to know that- even though it's almost impossible to prove.

As others have said, stay calm, stick to the facts and proceed. The facts in this case seem to be:

1. You were showing up to work
2. You were doing your job
3. You were not in violation of any policies
3. There is no written evidence that shows an actionable history of violations of 1-3.

That's all you have to do. If there is some bullE36 M3 flying around (like you committed assault of something and were fired on the spot) deny that. Request a hearing, with evidence, if it goes much further.

 

 

Floating Doc (Forum Supporter)
Floating Doc (Forum Supporter) GRM+ Memberand UberDork
8/24/20 8:23 p.m.

What ever their allegations are, they have to have documentation. The calmer you stay, the better your chances.

Just be glad you're not in Florida.

Appleseed
Appleseed MegaDork
8/24/20 8:39 p.m.

Should I request my personal records from the company? By Illinois law, they are required to provide copies of whatever might is in it. I think I should.  Nothing was said to me the day I was terminated as to why I was being let go. I'm concerned that the representative might ask me about something that I don't remember.  

Or by obtaining said records,  will it look like I'm "practicing" for my interview? I don't want a hint of "simply covering my ass." I'd rather be honest and also appear as such.

matthewmcl (Forum Supporter)
matthewmcl (Forum Supporter) Reader
8/24/20 8:47 p.m.

Your interview is just them getting questions answered. They can request records more effectively than you can. Just take the call with no worries. If you need to have records, they will let you know. They know it is not your responsibility to get needed paperwork. If there is anything you should have, it is the employer's responsibility to give it to you.

Steve_Jones
Steve_Jones HalfDork
8/24/20 9:22 p.m.

If you don't remember, say you don't remember. Don't try and make it sound good for their benefit. I don't remember is a valid answer

Stefan (Forum Supporter)
Stefan (Forum Supporter) GRM+ Memberand MegaDork
8/25/20 12:02 a.m.

In reply to Appleseed :

Request your records, it is your right and that has nothing to do with your interview.  You could mention it from the standpoint that you didn't get an exit interview or a reason for your termination.

The interview is just about you and what you did or didn't do.  Tell the truth, explain the lack of exit interview, etc. keep the emotions in check and if you don't remember state that and let them do their job.  

You'll need to log in to post.

Our Preferred Partners
jsnOi2bEdFiR2BFpGlpKa0ol5G2c4UPvKHlEGfMDMjxkVKAnGzi0Oy0uVbKLeclJ