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Old 01-30-2009, 10:24 PM   #21
Homeslice
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Usually the only time people get denied unmployment is if they got fired due to gross negligence or a criminal act like theft. If they got fired simply because they weren't a good match, they can collect unemployment.
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Old 01-30-2009, 10:54 PM   #22
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In GA, even if you are fired for cause you can draw unemployment benefits but there is a waiting period of 6 or 8 weeks(?) before you can start to draw if they haven't changed things. It's just more of a hassle to get it. If you are laid off for lack of work you can start drawing immediately.
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Old 01-30-2009, 11:40 PM   #23
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Unemployment laws, as mentioned throughout this thread, vary by state... You'd have to check your state's specific laws to be sure...


That being said... I've had to do a number of hearings to determine people's eligibility for unemployment... Never once has anyone I've sat in with actually been granted unemployment... because they're dumbasses... Hell, most of the time I didn't have to say shit!

Like the guy who said he was wrongfully terminated in his statement... then in the hearing he said he was put on a performance warning and decided the job wasn't for him, so he walked out during the shift. "Mr. OSP, do you have a statement?"... 'no, Mr. Smith said enough.' DENIED!

Or the lady who claimed she was laid off and had trouble finding another job... admitted during the hearing that she found another job, that didn't pay quite as much, but just stopped showing up to start the other job because... get this... she knew she was going to be laid off. We've never laid anyone off... ever. "Mr. OSP, do you have a statement?"... 'yeah, her statement sounds 100% accurate.' DENIED!

Another lady who we fired for arriving to work under the influence (which is TRICKY for us to do because we cannot acuse anyone of something like that... A manager asked if she felt ok that day cause she looked wasted and she said, "yeah, I'm just really drunk."). Her statement said she was terminated because of a speech impediment. When asked to describe the situation surrounding her termination, she said, 'I don't remember everything because I had too much to drink that day.' "Mr. OSP, do you have a statement?"... 'She was pretty hammered.' DENIED!

Not all of them are that ridiculous, but there have been others similar... Sometimes you can tell the arbitrator is trying not to laugh and/or sound obviously frustrated.
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Old 01-30-2009, 11:44 PM   #24
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Quote:
Originally Posted by Homeslice View Post
Usually the only time people get denied unmployment is if they got fired due to gross negligence or a criminal act like theft. If they got fired simply because they weren't a good match, they can collect unemployment.
ultimately it will come down to the employer showing that the employee was fired vs. laid off vs. let go.

fired = no unemployment
let go = probably not but maybe unemployment
laid off = unemployment
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Old 01-31-2009, 02:30 AM   #25
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i do have an under the table gig right now but of course its sales based so i do need time to build a clientelle. so if i do get laid off than i can collect and have an income on the side so its an added bonus. Of course if i don't get laid off, once my other gig gives me enough money than i will quit the other one.

And seriously i don't think i'm getting laid off, for some reason the director likes me and even if my production goes down she would prob know i'm trying to get her fired and won't do it.
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