Fired and told not to collect UI
I have been working for a company that cleans parking lots with big street sweeping type vehicles. My hours are in the overnight. I have been fired for taking a nap on my break, which the owner said is ok, he said verbaly, he'd rather see us take a nap than destroy his vehicles, others heard the comment. My manager said that I shoudn't try and collect unemployment because they will fight it on the grounds that I was taking a nap. They have no employee handbook. Should I try and collect UI?
1 answer | asked Oct 31, 2004 09:05 AM [EST] | applies to New York
Answers (1)
Fired and Told not to collect UI
I would encourage you to file. You have NOTHING to lose.
You are not entitled to UI if you leave a job voluntarily or are terminated for "misconduct" within the meaning of the law. There is NO specific definition of misconduct, however, it is generally understood to be intentional bad behavior. Unless you were repeatedly warned about this issue, I think you can prevail.
The Unemployment Law Judges do a good job of questioning the Claimant (you) and any other witness that appears. My best advice is for you to tell the truth. If you believe that there is a critical witness who should testify for you, bring that person with you or ask the Judge to subpoena him or her.
Whether an event is "misconduct" within the meaning of the law (and thus would make you ineligible for benefits) largely depends on who is deciding the issue. If you want to see how other Unemployment Judges have decided similarly issues, check out:
http://www.labor.state.ny.us/business_ny/unemployment_insurance/interp/Section_1100.htm
I recommend that you get to the hearing site about 30 minutes early so you can look at the file. It will have information that the Department of Labor received from the employer that you may be unaware of.
I wish you well.
Steven V. Modica, Esq.
Modica & Associates
2430 Ridgeway Avenue
Rochester, New York 14626
(585) 227-2070
(585) 227-2306 FAX
www.modica-associates.com
posted by Steven V. Modica | Oct 31, 2004 09:39 AM [EST]
I would encourage you to file. You have NOTHING to lose.
You are not entitled to UI if you leave a job voluntarily or are terminated for "misconduct" within the meaning of the law. There is NO specific definition of misconduct, however, it is generally understood to be intentional bad behavior. Unless you were repeatedly warned about this issue, I think you can prevail.
The Unemployment Law Judges do a good job of questioning the Claimant (you) and any other witness that appears. My best advice is for you to tell the truth. If you believe that there is a critical witness who should testify for you, bring that person with you or ask the Judge to subpoena him or her.
Whether an event is "misconduct" within the meaning of the law (and thus would make you ineligible for benefits) largely depends on who is deciding the issue. If you want to see how other Unemployment Judges have decided similarly issues, check out:
http://www.labor.state.ny.us/business_ny/unemployment_insurance/interp/Section_1100.htm
I recommend that you get to the hearing site about 30 minutes early so you can look at the file. It will have information that the Department of Labor received from the employer that you may be unaware of.
I wish you well.
Steven V. Modica, Esq.
Modica & Associates
2430 Ridgeway Avenue
Rochester, New York 14626
(585) 227-2070
(585) 227-2306 FAX
www.modica-associates.com
posted by Steven V. Modica | Oct 31, 2004 09:39 AM [EST]
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